I have an SSDI case that was won and the SSA held out a percentage of the back pay to cover attorney fees. The amount that was held over supersedes the maximum amount they are able to take out. I've been waiting over a year for the overage and the attorney continues to tell me the SSA has not... Read more »
Many times Social Security is waiting for something specific and just hasn't received it. A year is a very long long time for you to be waiting so you'll want to find out directly from SSA what they need.
Your best bet in this situation is to contact Social Security directly....Read more »
There is an overpayment they keep trying to stop my payments to pay back. When i moved 5 years ago to missouro from tennessee all of the sudden there was over payment but never have i ever recieved one unless it was when my mother was payee for me and said nothing. No one is giving me answers on... Read more »
I would suggest contacting Legal Aid because they may have an attorney on staff or a volunteer attorney who can assist you with this. Try to collect any letters or notices you have gotten from Social Security about the overpayment they say that you owe.
I’m contemplating filing bankruptcy. I’m on social security and this is my only income. I live in a mobile home that is paid for and no type of savings or stocks. I have unsecured debts and a vehicle repossession already.
All debt is unsecured. We own a mobile home and the lot, also 3 vehicles- newest is a 2005 pickup with 300,000 miles and the other two aren’t drivable. Will we be able to use our stimulus check to make home repairs? Also, can we also use the funds to pay the attorney fees?
Going on SS would avoid all the reports and annual reviews required on Disability. It would be much easier to be on SS. But in doing so, I do not want to lose any financial amounts. My monthly Disability pay is $2,560. I do not want to lose any of this amount if I go on straight SS rather than... Read more »
Contact your local Social Security office. As your payments are about the same (unless you have an offset for a workers compensation or other disability plan coverage) I don't see why you couldn't, except --and you want to ask this--if you are on OASDI, then transition at 70 would that...Read more »
This is more of a question-answer board. Try reposting your question with some additional details and hopefully an attorney could pick it up to provide some direction after seeing the basis of a suit you're contemplating.
I had cervical disc fusion C3 - C7 through the back of my neck 6 years ago. I have chronic pain and remaining nerve root impingement. I have worked for the same company in customer service for19 years but the pain has become too severe. I am 57 years old.
Quite likely. You will need an opinion letter from your orthopedist or neurologist. Depending on if you have a pension and how it vests you need to be sure you know if 20 years is the magic number and the date. You don't want to quit a few weeks before and lose benefits. Understand that to get...Read more »
If it's a car accident your insurance would handle it. If it's something else it's worth your paying a laywer if needbe for a consultation. Normally people don't get sued if they have no money--it's the insurance people are looking for.
Fortunately for social Security disability clients, the law is very clear. Unless you and your lawyer agree to a different fee, your lawyer is limited to 25% of past-due benefits, with a cap of $6000. However, your lawyer does not "retain" this amount, as he or she never receives your...Read more »
No. In order for you to have a garnishment taken from your Social Security check they must have a court order against you. The court will not grant this type of order for credit card debt for a deceased person.
When I applied for my own Social Security last month, they told me I could have been collecting my husband's payments since I turned 60 in Feb 2009. Why wasn't I notified? If I deserved these payments, now that I am aware, why can I not get this money? They say sorry no way will they... Read more »
You are eligible for your spouse's survivorship benefits if you are 60 or older. Or, if you are between 50 and 60, you can apply for widow's disability benefits if you are also disabled.
This is meant to be general information and is not legal advice.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.