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Colorado Social Security Questions & Answers
1 Answer | Asked in Social Security for Colorado on
Q: My wife is hospitalized currently and will require long-term care within a medical facility.

She is at an almost vegetative state. I am her POA for medical and wanted to see about SSD. She has filed in the past but was denied. With her current condition, can I apply for SSD for her via a lawyer?

Susan Michele Schaefer
Susan Michele Schaefer answered on Aug 21, 2020

Yes, you can file for SSDI on your wife's behalf or you can hire a disability attorney to file the application for her.

The Social Security disability application is online at https://www.ssa.gov/benefits/disability/.

For Social Security, the law defines disability as the...
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1 Answer | Asked in Social Security for Colorado on
Q: What form would I use in order to appeal a partial plate favorable decision from the judge?

Just wondering what form I will fill out if I filed this appeal? I have been denied originally, had went to the court hearing in front of the judge in which I received a partial favorable decision but would like to appeal that decision. I’m not for sure what form I would use on this and is it... Read more »

Susan Michele Schaefer
Susan Michele Schaefer answered on Jun 11, 2020

If you are appealing a decision made by an Administrative Law Judge (ALJ), you must request review by the Appeals Council (AC) within 60 days after you receive the notice of the ALJ decision. The notice letter you received from Social Security should have information about filing an appeal. For... Read more »

1 Answer | Asked in Divorce, Family Law, Child Support and Social Security for Colorado on
Q: My husband's divorce decree from his ex-wife states that she gets 50% of his retirement benefits. What are the benefits

They were married for 13 years but together for only six years. She abandoned him and their two sons (now ages 35 and 37). We have been married for 19 years but together for 26 years and we have a daughter age 17. His ex-wife never paid one dollar of the child support decreed by the court. My... Read more »

John Hyland Barrett III
John Hyland Barrett III answered on May 20, 2020

This depends on the exact wording of the divorce decree. You can not go back and try to change that. Your husband's social security will not be affected. Your husband may be able to pursue her for the back child support-depending on how far back it goes. He should get a lawyer to review this... Read more »

2 Answers | Asked in Identity Theft, Family Law, Domestic Violence and Social Security for Colorado on
Q: my father emotionally abuses me and my mother, I don't live at home is it possible to get a protective order?

my father is still my legal guardian

he has pointed a gun at me before

he has beaten my mother in front of me

I am terrified of him

he is diagnosed with anti social personality disorder (he's a sociopath)

he refuses to give me my legal documents SSA, Birth certificate, ID ect.

John Hyland Barrett III
John Hyland Barrett III answered on Mar 4, 2020

If you are an adult (age 18), you can get a protection order based on these facts. If you are a minor, your mother can get a protection order for her and you. You or your mother should get a lawyer to help you with this.

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1 Answer | Asked in Divorce and Social Security for Colorado on
Q: after being married for 22 years, and divorced almost 5, can I claim any SS from my ex husband. I am 55 years old.
Stephen J. Plog
Stephen J. Plog answered on Mar 10, 2017

This is a questions probably better suited for either the SS administration or a social security attorney. That being said, my understanding is that if you have been married for a certain amount of time and have paid into SS for 40 quarters on your own, you can elect to either draw SS based on... Read more »

1 Answer | Asked in Social Security for Colorado on
Q: Can I apply for half my ex's soc sec at 66 and defer applying on my own. Never remarried/married over 10 yrs.

Even though he was well paid while working he was also very creative about hiding income. It's possible that my benefit would be higher than his.

Tristan Kenyon Schultz
Tristan Kenyon Schultz answered on Oct 31, 2016

This a complex question that cannot be answered completely on Justia. It is recommended that you make an office visit at your local Social Security Office (expect a wait--reserve a time if possible) or contact a social security/estate planning attorney. To answer your basic questions, it is... Read more »

1 Answer | Asked in Social Security for Colorado on
Q: how do i go about getting my payee removed and my benefits coming directly to me?
Tristan Kenyon Schultz
Tristan Kenyon Schultz answered on Jul 25, 2016

This can be done at your local Social Security office or potentially online at social at SSA.gov . Note, if you have an impairment that prevents you from making decisions without assistance, there will be additional steps (but you can still remove a payee).

1 Answer | Asked in Social Security for Colorado on
Q: Need advice for up coming appointment

I've applied for SSD back in November 2015 for a congenital heart defect and mental illness, I have an appointment with a psychologist coming up soon that was scheduled by SS I'm wondering what I should going into that appointment with they told me I wouldn't need anything but I know... Read more »

Tristan Kenyon Schultz
Tristan Kenyon Schultz answered on Apr 19, 2016

The best advice is to be honest. Since the Justia Q&A is not privileged (because no attorney client relationship exists), coaching cannot be provided. I recommend that you bring all relevant medical and SSD documents with you - you probably won't need them, but you never know...

1 Answer | Asked in Social Security for Colorado on
Q: I hired an attorney to help with my sons SSI appeal. Is it possible to change attorneys if I'm not happy with my mine?

I am waiting for a hearing, but haven't heard from our attorney for over a year.

Tristan Kenyon Schultz
Tristan Kenyon Schultz answered on Jan 19, 2016

Wow, over a year! No hearing wait time lasts for over a year... Yes, you can fire your lawyer. This can be done by calling or mailing a letter to your lawyer stating that you are no longer interested in their representation. Make sure to request all your client files (you cannot be charged). You... Read more »

1 Answer | Asked in Social Security for Colorado on
Q: Why would a Social Security Appeals Judge ask for college transcripts
Terrence H Thorgaard
Terrence H Thorgaard answered on Oct 23, 2015

Depends upon what the appeal is about. If it has something to do with employability, transcripts might be pertinent.

1 Answer | Asked in Social Security for Colorado on
Q: If mom is aged 62, receives SSDI, and then reaches retirement age, will she get her social security $ ON TOP of the SSDI
Jerry Lutkenhaus
Jerry Lutkenhaus answered on Feb 18, 2012

If your mother receives Social Security Disability, then she is already receiving the maximum amount of her benefits and she will receive no more benefits when she reaches retirement age.

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