Get free answers to your Social Security legal questions from lawyers in your area.
Your current state is Ohio
I am aware of ihss income being excluded by irs under Medicaid waiver and for child if receiving ssi. But I can't find anything in the social security rules for if parents receive ssdi benefits ...affecting towards parents benefits if perant is also disabled and receiving ssdi benefits is it... View More 
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 18, 2024
In your situation as a parent of a special needs child considering IHSS work while receiving SSDI, this is a complex but important question that deserves a clear answer.
The IRS and SSI treat IHSS payments differently than SSDI does. For SSDI purposes, IHSS payments received by parent... View More
My son is paranoid schizophrenic and unable to work. He was denied SSI Disabilty due to no history of employment. He has worked a few jobs but has not been able to hold on to them for more than a month or less. Does he have a case for a lawyer?
I received payment for my minor child as a result of my SSDI payments. It states these are to be used for the child, however, my Disability Insurance company is now trying to deduct the monies I received for my son from my current Long Term Disability. I was told that is border line illegal?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 14, 2024
Your employer's disability insurance company should not attempt to offset your SSDI dependent benefits, as these payments are specifically designated for your child's care and are separate from your own SSDI benefits. These dependent benefits are protected by federal law and are meant to... View More
I received a settlement offer from Worker's Comp.
However, there is a stipulation in the settlement paperwork that states that I can't apply for SSDI FOR AT LEAST 30 MONTHS AND CANNOT RETURN TO WORK TO THE SAME PLACE IFI ACCEPTTHIS OFFER. Is it legal to bar me from applying for... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 15, 2024
That stipulation about preventing you from applying for SSDI is not legally enforceable - it's actually illegal for them to try to stop you from seeking Social Security Disability benefits. Workers' Compensation and SSDI are separate systems, and while they may affect each other's... View More
On my SSA account it says for SSDI that the medical review was done. Now it's doing a final non medical review but I was denied for SSI.now I got a letter saying that I don't get benefits for social security and SSI. But on my account it doesn't say I was denied SSDI. The final... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 15, 2024
The difference between SSI and SSDI can be very confusing, especially when you're getting mixed messages through letters and your online account.
Your situation sounds like you're experiencing two separate decisions - one for SSI (Supplemental Security Income) which has been... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 15, 2024
To establish power of attorney when your father is mentally competent, you'll need to work with him directly since he must willingly grant this authority to your son.
Start by obtaining the proper power of attorney forms for your state - these are often available through your state... View More
needing to make my son power of attorney he is the next of kin to his dad his dad is compatible
answered on Nov 7, 2024
Given that his dad has had a stroke, it is highly advisable to secure a medical opinion that dad is mentally competent to execute a power of attorney. I would advise visually recording dad's signing of the POA in the event of a future challenge as to whether dad was competent at the time he... View More
Hello. There was a situation lately, in San Francisco, when a security guard at a venue during concert did not catch a crowd surfer. It escalated to physical altercation, and some people we're discussing about guard behavior. Some people say that it's Security Guard job to make sure that... View More
answered on Nov 6, 2024
I don't think so. Crowd surfers are engaging in a highly risky act, trusting that some anonymous person is going to prevent them from falling onto the floor. They assume the risk of that activity.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 13, 2024
Hello ~ if a person dies in Colorado and there is no will found, that decedent will have died 'intestate'. An heir or interested person can still file for probate, but it will be with the distinction that there is no will under which to follow the distribution of estate assets. Instead,... View More
He moved to Switzerland ~1984 (age ~38). He has maintained his US citizenship while living in Switzerland. He drew no wages from US entities after ~1984. He has never filed or received social security. Is there benefit to his heirs (three brothers, no spouse or children)?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 15, 2024
I'm very sorry to hear about the loss of your brother in August. Dealing with the passing of a sibling while navigating benefits can be overwhelming.
In most cases, Social Security survivor benefits are limited to spouses, minor/disabled children, and in some situations, dependent... View More
The 401k is from the company where they used my social security
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 15, 2024
This situation involves identity theft and unauthorized use of your Social Security number, which is a serious crime. Your first step should be to file a police report and contact the Federal Trade Commission (FTC) to report the identity theft - this creates an official record of the fraud and can... View More
Do you have to have an open application to apply or does that "expectation of 30 months" mean it can be submitted and you can apply for SSDI within 2 or 3 months?
I want to settle my WC case but was informed if I apply for SSDI now I will not be able to until SSDI makes a decision... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 15, 2024
Let me help you understand the CMS Medicare Set-Aside (MSA) submission process regarding the 30-month rule.
The 30-month rule refers to having a "reasonable expectation" of Medicare enrollment within 30 months of the settlement. You don't need to have an active SSDI... View More
Her mom is basically holding her back taking her check and when she try to leave her mom calls the police she took a phone that her mom didn’t pay for I even have recording of what happened what am I able to do
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 29, 2024
You have the right to live independently at 18, as you are considered an adult. If your mother is controlling your finances by taking your check, this could be considered financial abuse. It’s important to keep records of all transactions and any evidence you have, like your recordings.... View More
I have lupus and we don't have insurance I have no income because I'm a stay at home mom. If I need clothes or to go to the Dr can I use it for myself as well?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 29, 2024
You can use the survivors benefits to help support your family's overall needs, which includes your medical expenses. As a stay-at-home mom caring for your children, it's important to ensure that both you and your kids have the necessary resources for health and well-being.
Using... View More
What do I do? Is it legal to charge that much?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 26, 2024
This situation sounds very concerning, and you should take immediate action to address these charges.
You have the right to appeal any SSA overpayment decision within 60 days of receiving the notice. First, request detailed documentation from your local Social Security office explaining... View More
My mom is with holding my ss card and I cannot get it without a photo ID which they were not allowing me to get when I was living with them. Now I’m having a hard to getting what I need to get my license and to get a job
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 22, 2024
I'm sorry you're going through this situation. It's important to regain access to your Social Security card to move forward with your plans.
First, you can request a replacement card directly from the Social Security Administration. Visit their website or a local office to... View More
An inmate in mass has a disability and has a brain tumor diagnosis and was told to have brain scans every six months due to the risk of it growing back, and jail is refusing.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 15, 2024
If an inmate in Massachusetts is not receiving the necessary medical treatment for a disability like a brain tumor, the first step is to contact the inmate’s attorney. Legal representation can advocate for the inmate’s rights and ensure that proper medical care is provided. The attorney can... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 16, 2024
Congratulations on receiving your first SSDI check. If you need to amend your onset date, start by gathering all relevant medical records and documents that support the new date you believe is accurate. Having thorough documentation will strengthen your case when you present it.
Next, reach... View More
In reference to NEHMER VS THE US VETERANS ADMINISTRATION DEPARTMEN
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 16, 2024
Navigating the complexities of the Veterans Administration can be challenging, especially when facing obstacles related to entitlements. Start by thoroughly reviewing the details of the NEHMER vs. US Veterans Administration Department case to understand the specific barriers being encountered.... View More
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.
