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3 Answers | Asked in Banking, Civil Litigation and Social Security for New York on
Q: How to obtain legal representation to access account info related to a settlement in NY?

As an infant, I was involved in a legal case where Stewart T Schantz and Franklyn Engel represented and won a settlement due to an accident that killed my mother and injured me in Ulster County and Poughkeepsie, NY, between 1985-1995. I'm currently facing a significant hardship, and banks... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Mar 21, 2025

If the accounts are in your name (or for your benefit), you shouldn't need any legal representation whatsoever. Proof of identification should be sufficient, i.e. driver's license, along with a copy of the court order pursuant to which the account was opened. That said, it's likely... View More

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2 Answers | Asked in Estate Planning, Social Security, Probate and Real Estate Law for Texas on
Q: What should I do with a deceased person's documents found on a job site in Texas?

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?

Gratia "Grace" P. Schoemakers
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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...
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2 Answers | Asked in Divorce, Social Security and Family Law for California on
Q: Can I modify alimony payments due to retirement and health issues at age 72?

I’m 72 years old and recently retired due to health reasons after suffering a stroke in 2023. I have been paying alimony for 21 years following a divorce finalized in Riverside County on 11/12/2004. My former spouse, who is now around 70 and was self-employed, chose not to remarry. She is... View More

Samantha Schales
Samantha Schales
answered on Mar 12, 2025

In general, the change in your income would be considered a change in circumstances by the court. This should allow you to file a Request for Order to modify spousal support. You can inform the court of your new income and your former spouse's ability to collect Social Security derivative... View More

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2 Answers | Asked in Probate, Social Security and Civil Litigation for Texas on
Q: Assistance with mom's estate after will destruction by ex-husband.

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

Isaac Shutt
Isaac Shutt
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

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2 Answers | Asked in Collections, Public Benefits and Social Security for Florida on
Q: Can Target's debt collector legally request my medical records in Florida?

I am being contacted by a debt collector for a Target debt, which is not related to any medical expenses, and they have requested my medical records. I have not given any consent for this. I am currently in contact with the debt collector to resolve the issue but cannot afford the payment amount of... View More

Charles M.  Baron
Charles M. Baron
answered on Mar 6, 2025

You asked if they are legally allowed to ask you for medical records. They can ask for anything they feel like - the issue is whether you have to comply. A Target collection agent asking for medical records makes ZERO SENSE, which makes me wonder if someone is trying to scam you - for example,... View More

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2 Answers | Asked in Public Benefits and Social Security for Mississippi on
Q: Can I apply for SSI while waiting for SSI disability decision?

I’ve been filing for SSI disability while seeing doctors and undergoing evaluations, including x-rays. I'm looking to receive payments while waiting, yet I haven't received any communication from the SSA about my application status. I'm currently facing challenges like memory... View More

Andrew Charles Burrell
Andrew Charles Burrell
answered on Mar 5, 2025

Typically, you should file for both together. The issue is the SSI is that you do not have enough earned credits to qualify for SSDI. Thus you should call the local social security office and see how many earned credits you have and if you could qualify for said SSDI benefits, If the answer is... View More

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2 Answers | Asked in Civil Litigation, Public Benefits, Social Security and Probate for Texas on
Q: Options for fraud lawsuit against former daughter-in-law in Texas over aunt's estate and benefits.

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

John Michael Frick
John Michael Frick
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

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2 Answers | Asked in Social Security for Mississippi on
Q: I have Social Security disability. They say I am making too much money and want me to pay back $28,000. Do I have to?

I am still disabled yet they want me to pay them back. Am I required because I don't think I should pay back anything?

Andrew Charles Burrell
Andrew Charles Burrell
answered on Jan 16, 2025

It is possible that you owe the money depending on if you are on SSI or SSDI. There are ways to request a wavier of the over payment which are the following:

If you received a letter from Social Security saying you were overpaid, you can do the following12345:

If you do not think...
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2 Answers | Asked in Personal Injury and Social Security for Georgia on
Q: I have an malunion bone an I applied for my disability back in 2022 I got denied one time cause I couldn't make appt

So now am waiting a hold another year for social security office to tell me am approve or not an it been since 20024 of September anr still haven't heard nothing an my attorney is quikaid an they say ain't nothing can do to spend process up am homeless because of all this I have no... View More

Tim Akpinar
Tim Akpinar
answered on Jan 23, 2025

I'm sorry for your difficult ordeal. Most people don't consider the type of burden you describe in terms of getting to medical appointments for people who don't have cars. If you're with the same attorney, make your situation clear to them and ask if it's possible to... View More

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2 Answers | Asked in Workers' Compensation and Social Security for California on
Q: Can I hire a pro bono lawyer who is experienced with WC to take over my current misrepresented WC case?

It turns out my current lawyer is not acting for my best interest at all and is intentionally misleading and misrepresenting me. Other WC lawyers won’t take my case because they would do more work and get paid less. This is why I thought maybe I should look for pro bono lawyers who are looking... View More

Dennis Dascanio
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answered on Dec 24, 2024

Dear injured worker,

I am sorry that you have encountered difficulties with the attorney you hired. You have two options available to you if you cannot find another attorney to take the case. The first is to contact your local Bar Association and ask for the Lawyer Referral service. Many...
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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
Marianne Blackwell pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

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 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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