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2 Answers | Asked in Contracts, Criminal Law, Family Law and Social Security for Rhode Island on
Q: Is it illegal if a parent 'legally' robbed their child of their inheritance left in a will by her father before death?

I've stumbled upon a case where my Grandmother was left her father's "Entire Estate." However, due to the court's findings, they denied her her right to any inheritance due to her being an "illegitimate child" born out of wedlock. Is it possible that she was... View More

Albin Moser
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answered on Dec 4, 2024

Those of us born out of wedlock can inherit pursuant to R.I. Gen. Laws § 33-1-8, a Rhode Island law that was first enacted in 1905. That 1905 law was probably enacted prior to the time of your great-grandfather's death, and would have prevented a finding that your grandmother could not... View More

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2 Answers | Asked in Personal Injury, Workers' Compensation and Social Security for New York on
Q: Workers Comp baring me from applying for SSDI?

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

Stephen Bilkis
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answered on Nov 29, 2024

I'm sorry to hear about the challenges you're facing with your Workers' Compensation settlement. Navigating these complex issues can be stressful, and I hope the following information helps to clarify your concerns.

Disclaimer: This information is based on New York law and is...
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2 Answers | Asked in Estate Planning and Social Security for Colorado on
Q: If I am the next of Kin and there is not a Will in place, what are the next steps?
Marianne Blackwell
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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

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2 Answers | Asked in Family Law and Social Security for Texas on
Q: My son is 23 teas old and dad had a stroke is in hospital and he not able to move need to make my son power of attorney

needing to make my son power of attorney he is the next of kin to his dad his dad is compatible

John Michael Frick
John Michael Frick
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

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1 Answer | Asked in Social Security for California on
Q: Denied SSDI, appealed. Need Help. They didnt receive documents on time.

I have had a hip replacement and scheduled for a knee. Severe osteoarthritis in not only hips and knees, but hands as well. 64 year old female on disability and unable to work. I also suffer from PTSD and depression.

James L. Arrasmith
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answered on Jul 22, 2024

It sounds like you are going through a very challenging time. Dealing with multiple health issues and a denied SSDI claim must be incredibly frustrating. First, it's important to gather all the documentation related to your medical conditions and any communication with the SSDI office.... View More

1 Answer | Asked in Social Security for Tennessee on
Q: wife passed away June 19, 24. getting disability checks. $1600 a month. Her age 52. What percentage do i get

Can you explain to me the process of disability percentage and what I’m making when can I activate her checks to me and does that last for the rest of my life? What do I need to do? I am 62 and still working.

James L. Arrasmith
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answered on Jul 22, 2024

I’m sorry to hear about your loss. Since you are 62, you may be eligible to receive a portion of your late wife's Social Security Disability benefits. Typically, you can receive a survivor benefit starting from age 60, but since you are still working, your earnings might affect the amount... View More

1 Answer | Asked in Gov & Administrative Law, Identity Theft, Public Benefits and Social Security for California on
Q: Im unable to access my credit and social security, IRS profile accounts ; how can I update & secure my personal info?

I have lost access to email accounts associated with the recovery, password reset and/ or two-step verification process...

Seeking advise/ information in regards to updating and securing personal information; identity scam prevention.

James L. Arrasmith
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answered on Jul 22, 2024

To regain access to your credit and Social Security, IRS profile accounts, you need to update and secure your personal information. Start by contacting the relevant agencies directly via phone or their official websites to explain your situation. They can guide you through the process of verifying... View More

1 Answer | Asked in Social Security for Oregon on
Q: I am a recent widow--husband passed in Jan of this year--

Social Security came up with the portion of my husband's SS that I am "entitled" to rec now...It is so low I am now below the Oregon poverty level and I cannot survive with this reduced income...What can I do to appeal to SS??? I had been told for years that when a spouse is... View More

James L. Arrasmith
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answered on Jul 21, 2024

I'm sorry for your loss and understand how difficult this situation must be. To address your Social Security issue, it's important to know that as a surviving spouse, you should be eligible to receive your husband's full benefit amount if it is higher than your own. This is known as... View More

2 Answers | Asked in Family Law, Social Security and Public Benefits for Florida on
Q: If I turn 18 and am still in highschool is there a way to get my survivor benefits sent to me instead of my mom?

hi, I am 17 and my mom currently receives survivor benefits for her, me, and my brother after our fathers passing. I turn 18 in November and am wondering if I would receive my portion of survivor benefits instead of her once I am 18 since I would still be in highschool until May. I haven't... View More

Pamela J. Fero
Pamela J. Fero
answered on Jul 19, 2024

Once you turn 18, the benefits that were previously managed by your mother on your behalf can be redirected to you. You will need to notify the Social Security Administration (SSA) of your status as a full-time student in high school.

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2 Answers | Asked in Family Law, Social Security and Public Benefits for Florida on
Q: If I turn 18 and am still in highschool is there a way to get my survivor benefits sent to me instead of my mom?

hi, I am 17 and my mom currently receives survivor benefits for her, me, and my brother after our fathers passing. I turn 18 in November and am wondering if I would receive my portion of survivor benefits instead of her once I am 18 since I would still be in highschool until May. I haven't... View More

James L. Arrasmith
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answered on Jul 21, 2024

When you turn 18, you can potentially have your survivor benefits sent directly to you if you are still in high school. The Social Security Administration allows benefits to continue for students until they graduate from high school or turn 19, whichever comes first.

To ensure the benefits...
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2 Answers | Asked in Car Accidents, Social Security and Personal Injury for Florida on
Q: I won a suitcase for brain damage in a car accident. My SSI suspended my benefits. . why?
Patrick Arun Iyampillai
Patrick Arun Iyampillai
answered on Jul 1, 2024

SSI (Supplemental Security Income) is a needs-based program, and the Social Security Administration (SSA) considers your income and resources when determining eligibility. Here, the SSA may have seen your settlement as income, and then your total income and resources were possibly determined to be... View More

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1 Answer | Asked in Social Security and Health Care Law for California on
Q: SSDI- Looking to replace lawyer 2 months prior hearing due to lack of cooperation

SSDI hearing. Less than 2 months before set court date- my lawyer isn't responding to my numerous requests to answer questions and/or updates in documentation.

Is it realistic to replace a lawyer in this time frame? Is their hesitance to communicate with me by phone is a legitimate... View More

James L. Arrasmith
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answered on Jun 26, 2024

This is a challenging situation, and I understand your frustration with the lack of communication from your lawyer.

Here's some advice to consider:

1. Replacing a lawyer this close to your hearing date is possible but can be risky:

- It may be difficult to find a new...
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1 Answer | Asked in Social Security for Pennsylvania on
Q: I am trying to become my own payee in a one off scenario for SSA

I requested to have a representative payee. No doctor ever filled out the documentation requiring me to have a representative payee. I have been trying to become my own payee for approximately 3 years. I have done everything that SSA requires and now the local field office supervisor stated that he... View More

James L. Arrasmith
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answered on Jun 26, 2024

This situation sounds frustrating. To address your issue:

1. Review process: Typically, the SSA has a process for reviewing payee arrangements. The fact that a supervisor is refusing to consider your request is unusual and potentially problematic.

2. Documentation: You mention no...
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1 Answer | Asked in Divorce, Family Law and Social Security for California on
Q: SSA didn’t accept final judgement of 8-17-2006 dissolution of marriage because judge signed divorce date of 5-2-1982.

Marriage was 8 years but because I found letter from lawyer saying I was not divorce till final judgement was filed. I thought that I could file for survivor benefits. Ex husband is now deceased. SSA denied the claim because SSA is going by the judge date of 5-2-82 court date of dissolution. Is... View More

James L. Arrasmith
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answered on Jun 26, 2024

This is a complex situation that involves the intersection of family law and Social Security Administration (SSA) rules. Let's break it down:

1. Final Judgment Date: The final judgment of dissolution was issued on 8-17-2006.

2. Judge's Signed Date: The judge signed the...
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1 Answer | Asked in Social Security and Tax Law for Pennsylvania on
Q: How does earned income get reported in 2023 and not have a W2 or other documents from any source proving of the income?

Just received notification of the extra earned income for 2023. It's affecting my retirement benefits because of it. Possible fraud and It involves missing money.

James L. Arrasmith
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answered on Jun 25, 2024

I understand you're concerned about extra earned income being reported for 2023 that's affecting your retirement benefits, despite not having any W-2 or other documentation of this income. This is indeed a serious situation that could potentially involve fraud. Here's how I'd... View More

1 Answer | Asked in Social Security for Delaware on
Q: My wife has been receiving SSDI for over 20 years for visual impairment. Her benefits have recently been terminated.

She was born with degenerative conditions (aniridia and glaucoma). Her eyesight has gradually gotten worse since she began collecting disability, but she's being told she is no longer disabled based on her recent medical records. She doesn't meet SS's definition of blindness (her... View More

James L. Arrasmith
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answered on Jun 21, 2024

I understand this is a challenging situation for your wife. Here are some potential options and information that may be helpful:

1. Continue the appeal process:

- If the current appeal is denied, she can request a hearing before an Administrative Law Judge (ALJ).

- If denied...
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1 Answer | Asked in Social Security for Illinois on
Q: Ive rec. SSDI for 19 yr.I recently won a BITCOIN giveaway of over 200,000$ BTC.Can I accept wo effecting benefits

If I accept and pay tax I i understand I get the winnings with no change to monthly benefit or Medicare am I correct ? If its going to hurt my ssdi benefits or medicare in better not accepting. Any help is appreciated..

James L. Arrasmith
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answered on Jun 21, 2024

I understand you're asking about how accepting a large Bitcoin giveaway might affect your Social Security Disability Insurance (SSDI) benefits and Medicare coverage. This is an important question, as large windfalls can potentially impact benefits. Here's what you need to know:

1....
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1 Answer | Asked in Social Security for Kentucky on
Q: I would like to file a claim for disability based on MDD but am unsure of the requirements or compensation to expect
James L. Arrasmith
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answered on Jun 21, 2024

To file a claim for disability based on Major Depressive Disorder (MDD) through Social Security, here are some key points to consider:

Requirements:

1. Your MDD must be severe enough to significantly limit your ability to perform basic work activities.

2. The condition must...
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1 Answer | Asked in Social Security for New York on
Q: I had to apply for Social Security Disability and it was recently approved; although I was told I would not be paid for

the first 5 months? I was then told I could apply for SSI for those months but Social Security is refusing to address the claim? I tried to file an appeal, but still Social Security has refused to follow thru with the claim. What can I do? Thank you

James L. Arrasmith
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answered on Jun 21, 2024

Based on the information provided, here's an explanation of the situation and some potential steps you could take:

1. Social Security Disability Insurance (SSDI) waiting period:

It's correct that there is typically a 5-month waiting period for SSDI benefits. This means...
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1 Answer | Asked in Social Security for California on
Q: How can I find legal support when I go before a judge about getting my SSDI reinstated?

The past month I have tried calling lawyers in my area but kept getting told they couldn’t help me. I’m running out of time and haven’t received benefits since January. I go before the judge next month (July).

James L. Arrasmith
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answered on Jun 21, 2024

To find legal support for your SSDI reinstatement hearing, consider these options:

1. Legal Aid organizations: Contact your local Legal Aid office. They often provide free legal assistance for low-income individuals in Social Security cases.

2. Disability Rights California: This...
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