Get free answers to your Social Security legal questions from lawyers in your area.
Hello,
We have a 27 year autistic son who also suffers from severe anxiety, depression, and asthma. We have applied for and been denied disability benefits a few times now. He is receiving the state health insurance and they require that we keep applying for disability. The Arc of Indiana... View More 
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 17, 2024
Yes, it is possible for your adult autistic son to receive disability benefits such as Supplemental Security Income (SSI) even if he is working part-time, as long as his income and resources are within the eligibility limits set by the Social Security Administration (SSA).
Here are a few... View More
Going through a divorce and wondering if the amount could change for someone on disability if they claimed 1 vs 3 kids on their tax return.
How is this split best handled when custody is split evenly?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 7, 2024
For a single person on disability, the ability to claim a child on taxes and potentially receive more in tax benefits than what they put in depends on several factors. These include their income level, the amount of Social Security Disability Income (SSDI) or Supplemental Security Income (SSI) they... View More
In 2018 when I try to get my SSDI because of and error in 2003. I was told if I continue my SSI I was award that if I lose my case I would have to pay it all back so I had it terminated I received a fully favorable so I assumed I would received my SSDI instead I was award back pay which went back... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 26, 2023
A Social Security Administration (SSA) supervisor does not have the authority to override or change the order of a judge. Once a judge has made a decision in your case, that decision stands unless it's appealed and overturned by a higher authority. If the judge made a decision regarding your... View More
Im a recipient of the Indiana A&D Waiver & am aware the Provider is making fraudulent claims for services not being provided. I'm unable to get the Assisted Living facility nor the Fssa Office who are compensated to oversee & case manage these concerns, neither providers will... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 13, 2024
It sounds like you’re facing a frustrating situation with your provider and the lack of transparency around the charges and services. You have every right to understand what you’re being billed for, especially when you suspect fraud. Providers and case managers are supposed to be accountable... View More
Also identity theft and insurance policy was mine
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 22, 2024
If you've been a victim of identity theft from childhood into adulthood, including fraud involving Social Security and insurance policies, it's crucial to take immediate action. Start by reporting the identity theft to the Federal Trade Commission (FTC) through their website,... View More
I have Lumbar Spondylisthesis, Thoracic Spine Pain and Thoracic Spondylosis. I suffer from a lot of back spasms, through pain that travels from my spine to my stomach causing intense nausea which makes me curl up and instantly puts me out of work any day. It's increased in severity over the... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 7, 2023
If you are unable to work a standard 40-hour workweek due to a disability, you may be eligible for disability benefits through Social Security. The Social Security Administration considers whether a person has a medical condition that significantly limits their ability to perform basic work... View More
Do we need to report the withdrawal to SSDI
answered on May 14, 2022
No, your wife would not lose her SSDI benefits if she withdraws from her 401k retirement. Since individual retirement plans have no effect on SSDI eligibility, your wife would not have to report 401k withdrawals to Social Security. She would report things such as her new address if she moves or a... View More
I got denied so I did the appeal,and still got denied. Nothing has gotten better or changed. I really help
answered on Oct 9, 2021
It is not uncommon to be denied Social Security disability at the initial and reconsideration levels. Continue to appeal your claim. You will be able to provide testimony to an Administrative Law Judge at the third level of appeal. Meanwhile, it is important that you have all of your medical... View More
I got divorced 8 years ago. We both got joint custody. She however is the custodial parent. I haven't seen my son for at least 6 7 years now. My ex moved with my son and stopped contacting me. I don't know where they live now. He will be 18 soon. I remarried and have 2 other children.... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 20, 2021
You posted this question in another state and as was explained there, the order to pay or not pay child support under state law has no bearing on this federal benefits program. All of your biological children are eligible for benefits until they turn 18 or until 19 if they are still in high school... View More
I just got approved for ssdi. I'm remarried with 2 other children in my home. Their benefits are on hold until my ex wife is found and notified that my son that lives with her...may be able to receive benefits threw me. It's making it rough because I can barely support my wife and... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 20, 2021
All of your minor children are eligible me for benefits if your individual payment is below the family maximum payment. The difference between your payment and the family max can be up to 1/2 of your payment. Whatever that amount is will be split equally between your children. It does not reduce... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 19, 2021
You can apply for SSI benefits if your household is financially eligible. You should also file for dependent (sometimes called auxiliary) benefits for him. Those benefits are available if your payment is high enough and are based on your receipt of SSDI. There is no requirement that a minor child... View More
answered on Mar 11, 2021
It is considered income, but it is, generally, not taxable. However, it may become taxable if your household income rises above the established thresholds.
https://www.irs.gov/faqs/social-security-income/regular-disability-benefits/regular-disability-benefits
My partner may also have to get on it but we want to get married. Neither of us are currently on it . We live in Indiana but may move to Michigan or Wisconsin
answered on Nov 15, 2020
Marriage does not affect SSDI. To be able to get SSDI, you would have to have worked long enough and recently enough to be fully insured. In most cases, you must have earned at least 20 credits during the last 10 years. You earn work credits and become insured for Social Security retirement, SSDI... View More
help at all. When I sign in it says my information is not correct. I know my info. I have ask them to go into my account and see what is wrong. they won't do it. Today I posted on their page I was FED UP. So they gave me a number for help, I called and was on hold forever so I hung up. What... View More
answered on Oct 21, 2020
When you talk to people at SSA, you will find they have a wide variety of knowledge and motivation to help citizens. Don't let one person there make you think they can't help you. Some just answer the phone and have no answers. Others seem to be on a mission to helping as many people as... View More
I've been widowed since 2009 and receive death benefits. I've never remarried and would now like to return to my maiden name. Will legally going back to my maiden name change my death benefits?
answered on Sep 24, 2020
No, changing your name to your maiden name will not affect Social Security survivor benefits you are receiving since you are not changing your marital status. Once you have your name legally changed, you need to inform Social Security and show them the court order of the name change. To report a... View More
i retired in june 2019 at that time my earnings for 2019 was one of my highest years, should this year be used for my PIA?
answered on Apr 16, 2020
The Social Security Administration (SSA) calculates your average indexed monthly earnings (AIME) during the 35 years in which you earned the most. SSA then applies a formula to the AIME to arrive at your basic Social Security retirement benefit, or primary insurance amount (PIA). Your PIA is how... View More
I'm trying to get ready for my daughter's hearing at the end of the month in January for disability but I don't know what to look for or what the judge is going to consider
answered on Jan 6, 2020
I strongly urge you to seek the help of a SSA Attorney. Attorneys who handle Ssa Disability claims for adults and children who are applicants on “initial claims” (that means people who have not received benefits and are appealing to try to get them BUT NOT people who were getting benefits and... View More
answered on Jan 6, 2020
A generalized letter that just states you cannot work is insufficient for a Judge to grant your claim. Ssa defines disability essentially as a medical condition that despite treatment by a doctor precludes the person/patient from working any job in the United States. Therefore, a doctor would also... View More
answered on May 1, 2019
If you are indigent call legal aid/legal services. Your energy should go into your medical proof---I'm willing to bet you have looked not at the medical evidence but on what you think the medical evidence says.
answered on Apr 18, 2019
I don’t know where you are getting the language from but the ALJ is the Administrative Law Judge. So it’s in the pipeline waiting for the Judge to write something,
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.
