Get free answers to your Social Security legal questions from lawyers in your area.
My mother passed away on the 5th after being in home hospice for two weeks. I've been managing her finances and medical affairs for the past few years, as agreed upon with my sister and her kids. Before she passed, she instructed me to use her final social security payment (received on the... View More 
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answered on May 14, 2025
I'm really sorry for your loss, and I understand how confusing things can get when trying to handle a loved one’s affairs during such a difficult time. Using a deceased person’s Social Security payment—even for their own bills or groceries—can be a legal issue, because those payments... View More
I am the widow of an inventor who had numerous utility patents. He passed away unexpectedly at 55, and we were married for 15 years. I was unaware of these patents until eight years after his passing. His patents are licensed, and he told me we would be rich, but I didn't understand what he... View More
answered on May 7, 2025
Whether you are owed royalties depends on the language of any agreement signed by you or by your deceased husband permitting others to use the inventions he patented. If someone is using the patented inventions without permission, what constitutes a fair royalty can be one measure of any damages... View More
Four weeks ago, the Social Security office informed us that my husband owes them $10,000, but he has never received any prior communication regarding this debt. He noticed the issue when his SSI check amount was less than expected and reached out to them. We're meeting with them tomorrow to... View More
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answered on May 1, 2025
When contesting a Social Security overpayment claim without prior notice, you have multiple options to pursue. You can request a reconsideration within 60 days of receiving the overpayment notice, and if you file this request within 30 days, the Social Security Administration (SSA) will stop... View More
I do not wish to pursue Social Security Disability Insurance (SSDI) payments, but New York Life Benefit (NYLB) has obliged me to file an SSDI claim, which is currently pending determination. I want to withdraw my SSDI application before a determination is made, without incurring any liability or... View More
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answered on May 1, 2025
To withdraw your SSDI application without risking NYLB liability, you should first review your private disability insurance policy to understand your contractual obligations. Many private insurers like NYLB require SSDI applications as an offset provision, allowing them to reduce their benefit... View More
I filed for ancillary probate in Texas after my wife passed away intestate, adopting our minor son. He was named an heir, and I was appointed by the court as the administrator and custodian. We receive oil and gas royalties in Texas. Recently, I received a letter from the oil and gas company asking... View More
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answered on Apr 16, 2025
You’re absolutely right to protect your son's identity and disability benefits while managing his mineral rights. One of the best options is to create a revocable or irrevocable trust where you serve as trustee, and your son is the beneficiary. The trust can hold title to the mineral... View More
I received three debt judgments, and a receiver was appointed, seizing funds from two of my bank accounts—one with Social Security funds and the other with my paycheck in Texas. After presenting my documentation at a hearing, the judge ordered the return of $14,122 in Social Security protected... View More
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answered on Mar 16, 2025
You're facing a challenging situation, but you still have strong legal options. Since you've already filed a motion for contempt, the next practical step is to request an emergency or expedited hearing from the court. Contact the court clerk directly, explain the urgency and the... View More
I found personal documents, including a family will, social security numbers, and court documents, belonging to a deceased person while working in an attic during a demolition and construction project. I'm seeking legal advice on how to handle these documents properly. What should I do next?
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answered on Mar 13, 2025
Since you've found sensitive personal documents belonging to a deceased person, including a will, social security numbers, and court records, you should handle them carefully to avoid legal or ethical issues. Here are the recommended steps (not legal advice):
1. Do Not Destroy or... View More
I received three debt judgments, and a receiver was appointed, seizing funds from two of my bank accounts—one with Social Security funds and the other with my paycheck. After presenting my documentation in a hearing, the judge ordered the return of $14,122 in Social Security protected funds... View More
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answered on Mar 16, 2025
You are dealing with a complicated situation, as two conflicting court orders are causing confusion about your protected Social Security funds. First, immediately notify the judge overseeing your contempt motion about the receiver’s noncompliance and the contradictory disbursement order. Clearly... View More
I was married to my ex-husband for more than 10 years, and I am currently 72 years old. I have not remarried and am receiving my own social security benefits of $900 monthly. Am I entitled to claim social security benefits based on my ex-husband's record, even though I filed for benefits... View More
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answered on Mar 16, 2025
Since you were married to your ex-husband for over ten years and have not remarried, you may indeed be eligible for Social Security benefits based on his earnings record. Being 72 years old means you're already beyond full retirement age, which qualifies you to receive benefits at their... View More
How can I find a probate lawyer to assist me with my mother's estate? Her ex-husband destroyed her will and hasn't reported it to probate court. He is collecting and using her assets, including her house, car, bank accounts, and cashing her social security payments after her death. My... View More
answered on Mar 9, 2025
The sooner you get to a probate attorney, the better. Even if you don't have the original of the will, the validity and contents of the lost will can be proved by the testimony of witnesses. So, it's great you have witnesses! We call the process "probate of a will not produced in... View More
I am undergoing a divorce and suffer from complex PTSD. My only income is from Social Security mental disability benefits. My spouse verbally agreed to leave my automatic deposits and withdrawals intact and to remove their name from my bank account, but hasn't done so. They're using my... View More
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answered on Mar 16, 2025
You have the legal right to directly control your Social Security disability payments, as these benefits are specifically intended for your care and support. Your spouse does not have any automatic entitlement to control or access these funds, especially without your explicit consent or a legal... View More
I am on Social Security mental disability benefits and rely on my emotional support dog, who is registered with documentation. My spouse, from whom I am separated, claims she can be awarded visitation rights (1st, 3rd, & 5th weekends) for my emotional support dog. My spouse never showed... View More
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answered on Mar 16, 2025
In Texas, pets, including emotional support animals, are legally considered personal property rather than family members. Unlike children, courts generally do not grant visitation rights or custody schedules for animals. Your spouse’s claim for structured visitation similar to child visitation... View More
I am concerned about whether my spouse can claim half of my inheritance money, which includes insurance money and a bank account willed to me, once my parent passes away. We don't have any prenuptial agreements, and my financial obligations have been separate from my spouse, who is financially... View More
answered on Mar 7, 2025
Inheritance is separate property when inherited. However, some people run awry when they blend their separate property with community property. So, keep your separate property separate!
I have filed for Social Security disability twice in the past and was denied both times. The denials were due to my application being incomplete and because my neurologist dropped me as a patient after I had surgery. Since then, I have a new neurologist and have undergone about five surgeries.... View More
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answered on Feb 25, 2025
Your situation with Social Security disability deserves another attempt, especially with your new neurologist and documentation of multiple surgeries since your previous applications. Having 100% VA disability status is significant supporting evidence, and you should gather all medical records... View More
I have spent about 20 years in prison on and off, and my PTSD is severe. I have not taken any medication for it, and I struggle with social anxiety that paralyzes me. Additionally, I suffer from a degenerative back disorder and a ruptured disc, making me unable to work. I have no medical... View More
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answered on Feb 23, 2025
Your situation sounds incredibly challenging, and I want to help you navigate the Social Security disability process with your unique circumstances.
Without existing medical documentation, your first step should be establishing care through free or low-cost health clinics in Texas - many... View More
I have been waiting 12 months since refiling for Social Security Disability due to worsening PTSD, mental health, and newly detected colon cancer. Originally approved in 2008 for PTSD following an attack, my case was transferred from Texas to Arkansas due to backlog. Despite providing full medical... View More
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answered on Feb 23, 2025
Your 12-month wait for SSD after refiling is understandably frustrating, and I hear how challenging this situation has been, especially while managing PTSD, mental health concerns, and colon cancer. The transfer between states can add complexity to the process, but you've done the right thing... View More
I am facing a situation where a woman, formerly my aunt's daughter-in-law, has fraudulently claimed to be her daughter after my aunt passed away in Carrolton, TX, in November 2023. She has allegedly committed numerous fraudulent acts, such as falsely obtaining and altering the death... View More
answered on Feb 19, 2025
You may or may not have a lawsuit for fraud, breach of fiduciary duty, conversion, etc. Without knowing how each "bad act" caused you legally compensable damages, it is very difficult to ascertain the amount. The JC Penney death benefits ought to have a monetary value attached. If you... View More
I am 68 years old and currently receiving SSI, which was SSDI before I turned 67. I'm about to receive a settlement from a cancer-related class action lawsuit, estimated between $17,000 and $20,000. I plan to use this settlement to pay off my car loan (over $7,000), credit card balances, and a... View More
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answered on Feb 17, 2025
Your settlement could temporarily affect your SSI payments since it exceeds the $2,000 resource limit. Once you receive the funds, you should report this to Social Security immediately to avoid any potential overpayment issues.
The good news is that you have a solid plan for using these... View More
My elderly dad has been in a nursing home in Texas for 2 years and on Medicaid for 5 years. He wants to sell his home, which has been sitting empty, and intends for me, his only son who is disabled and on SSDI, to keep all the proceeds. I have power of attorney over him. We want to avoid the... View More
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answered on Feb 15, 2025
Your situation requires careful consideration since Medicaid has specific rules about asset transfers and estate recovery. Selling your father's home and transferring the proceeds to you could trigger penalties that might affect his nursing home coverage, as Medicaid looks back at financial... View More
We didn't need to appeal any decisions, per SSA. We spoke on the phone once and exchanged 2 emails which were only my asking if had any updates.
answered on Nov 26, 2024
Generally speaking, if someone provides a service to your at your request (including a lawyer) you have to pay that person the customary and usual fee for that service regardless of whether you signed or agreed to anything in writing.
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