Your current state is Virginia
If your husband is incarcerated for more than 30 continuous days,, his SSDI benefits will be suspended and only the auxiliary benefits to you as his spouse and his children will continue as long as they meet the eligibility requirement. Knowing this, hopefully you can work out what you need to do... Read more »
my brother was caught stealing my mail from my mailbox. My father (now deceased) was living with me at the time. Brother was cashing the checks with forged signatures. Brother is trying to sell a property. Can I put a lien on his property to collect the money he stole?
No. There's no such thing as a restitution lien in Florida. If the checks were your father's, the representative of his estate would have to sue your brother in civil court and obtain a judgment, then record the judgment as a lien.
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.... Read more »
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... Read 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... Read more »
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... Read more »
I am assisting a young man (23yr old) who will graduate from college but who cannot proceed with things like drivers license, employment, etc, due to a troubled childhood situation in which his name was changed numerous times. The birth certificate (issued in New York City) has questionable... Read more »
This would be best handled by a civil litigation attorney as it sounds like it involves several name changes or may require one now. You may be able to get free help from legal aid clinics but if not you can always reach out to attorneys directly and ask if they would help for free. Best wishes!
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... Read more »
I have a friend who was a caregiver for an elderly couple and she was also dating their grandson and they lived with the couple. The lady died and the man knowing his time was soon as well decided to leave everything to my friend. He had papers drawn up stating that he and my friend were comnen law... Read more »
The account here is a little hard to follow. It is highly unlikely the social security administration would recognize this arrangement as a common law marriage entitling your friend to social security benefits. A common law marriage under Texas law is not created just because someone declares it... Read more »
A lawyer friend suggested an irrevocable trust. Does that make sense?
Thank you,
It is not clear what “further taxation” concerns you. Is it income tax? Estate tax? Real property taxes? Something else? It could be that you yourself do not understand the taxation of SSDI benefits. You should consult with a tax advisor about that. Most likely you will not need any kind of... Read more »
I work a very physical job lifting and hammering and I am 62 years old and it may be suspect If I can return to work doing that physical work again. Would I have a good chance of collecting DD Disability?
Yes, you can apply for Social Security disability based on your impairments. When you apply, include all of your impairments, both physical and psychological. Also include symptoms, such as pain and include any side-effects from your medications. Social Security will consider all of these factors... Read more »
Unfortunately, no the baby will not receive benefits. Your son is receiving benefits based on a parent’s earnings record rather than on his own record.
Which state’s laws have the most jurisdiction in this situation? I know that in Illinois if a 17 year old voluntarily runs away the police will not force them home because It was voluntary, does that apply to this Scenario?
I am not an Arizona attorney. However, your question raises issues that you will need to consider for your personal safety and survival. It will take you a couple minutes to read, but it may save your life.
1- Be absolutely sure you need to leave home now. If your parents are causing you... Read more »
I'm on disabled adult child with survivor benefits. If I choose to go back to school to make an actual living and I apply for SSD retirement benefits in 30 something years will my benefits match the ones I currently get because I "dipped" into social security already?
Right now the amount you are paid is based off your parent’s earnings record. If you go to school and then work until you reach retirement age you will draw a retirement amount based on your own earnings record. Your current benefits will stop once you are deemed able to work by Social Security -... Read more »
If you had an attorney who represented you at your hearing then you can ask who they recommend. If you were not represented or your attorney was not local call to a few attorneys in your area that handle SSD cases. If they don’t handle federal work, they know who does that type of work in your... Read more »
I owned and personally managed and worked on the rental property.
Credits are earned when you work and pay Social Security taxes on the income. This is different than paying income tax. You should speak with a CPA or tax professional about making sure that you pay the tax. Those people are often trying to keep your tax bill as low as possible. You may not be... Read more »
I had a lawyer file my initial application but I see now it wasn't filed correctly. I had no knowledge before about the date last insured which is 2015 and I have not worked since 2011. I do have assets so it makes things even worse and now from a car accident, I'm crippled up even worse... Read more »
I'm not clear what part of your application you think was filed incorrectly. If your date last insured in in 2015 then you would have to prove that you became disabled before that date in order to be paid Title 2 disability benefits based on your work history. That can be really difficult but... Read more »
benifits, is this correct?. And if so, is their away to at least get my money that i put in over all the years that i worked?
Depending on when you were hired, when you worked, what was taken out for what and paid where you may or may not get Social Security Retirement benefits of you may get them at a reduces level. Start by getting an explanation in writing from Social Security. Make sure you have your payroll records,... Read more »
answered on one of your other posts. The other thing he or she can claim for is costs.
There was only one appeal and two court cases that he took part in.
You have to look at the fee petition he filed. He should have sent you a copy. It's a question of what he did in terms of hours, the hourly fee (you have to match this with your fee agreement).
I received only a little more in back pay than my lawyer got in fees
Attorneys cannot collect or charge a fee unless it is approved by Social Security. Many times all of the letters and decisions going back and forth, including the Notice of Award of your benefits as well as the decision regarding the fee petition can get quite confusing. Social Security often... Read more »
My granddaughters mother is the one that send her to live with us. She said she has to live with us until she is 18 or older. Can I get any kind of help for her.
It may be possible to receive funds to care for your granddaughter. One issue that may come up is your relationship with her. Are you now her legal guardians? The Social Security Administration (SSA) may require proof of this relationship.
Call 1 (800) 772-1213 to talk to someone at SSA,... Read 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.
