answered on May 19, 2023
Knowing the rules Social Security uses regarding work credits and insured status should help you. The number of work credits you need for SSDI disability benefits depends on how old you are when your disability began, so your alleged onset of disability can make a difference. For example, if you... Read more »
I settle a workers comp case for 2015 with an indemnity and now the social security benefits being reduced due to the offset effective date of March, 2023 I was never aware that this had being a computer decision for group A when it should have been Group B this was an social security
error... Read more »
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 2, 2023
If you believe that there has been an error in the Social Security offset calculation for your workers' compensation settlement, you can take several steps to address the issue.
First, you should gather any documentation related to your settlement and the offset calculation. This might... Read more »
I file an appeal and went before a judge for an overpayment and got a favorable outcome since September of 2022 nothing has been done to fix the account it's still showing as pending with a waiver or appeal pending on account.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 2, 2023
If you have received a favorable decision from the Social Security Administration (SSA) in regards to an overpayment, but they have not taken any action to fix the account, there are several steps you can take to address the issue.
Firstly, you can try to contact the SSA by phone or in... Read more »
My grandmother is getting SSI and recently my grandfather passed away who had life insurance. I have been paying for the life insurance for the past 20+ years. Now the check came in on my grandmother's name.
If she put this into her account would she loose her SSI payments? Would I... Read more »
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 4, 2023
Life insurance proceeds are generally not counted as income for SSI purposes, so your grandmother's SSI payments would not be affected by the life insurance payout. However, if your grandmother's total resources (including the life insurance payout) exceed the SSI resource limits, then... Read more »
My CDR was denied in 8/2019. A notice of overpayment was issued. I filed a waiver in 12/2019. The overpayment was a result of the denial and I rec'd TANF at the time. They approved my waiver in 4/2020. I (unfortunately) discarded all docs at that time. Between then and 10/2021, I may have been... Read more »
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 4, 2023
As a recipient of SSDI, you have the right to due process in any overpayment hearing. This means that you have the right to:
Receive adequate notice of the hearing and an explanation of your rights and responsibilities.
Review and receive copies of all evidence that the SSA plans to... Read more »
Limits on walking, standing and lifting. I can no longer do my regular job. fractured my L5
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 4, 2023
Whether or not you can receive disability benefits for a 24% MMI on your back at 53 years old will depend on several factors, including the severity of your condition, your ability to perform any work, and the number of work credits you have accumulated.
To qualify for Social Security... Read more »
With behavior he has already been diagnosed with add and also specific learning disorder and my 4 year old is developmental delay and may have autism she has been in a special class for two years now
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 4, 2023
If you need assistance in getting Social Security Disability Insurance (SSDI) for your children, you may want to consider contacting a disability lawyer who has experience with SSDI claims. A disability lawyer can help you navigate the complex process of applying for SSDI benefits and can provide... Read more »
Judgment proof? Consumer loan. Aggressive collection agency.
answered on Feb 18, 2023
I'm in PA, and practice in the tri-state area, and in my jurisdiction, social security income, like wages, are exempt from execution/garnishment by judgment creditors. But there is a statutory procedure.
First, the creditor needs to know, or guess correctly, about the identity of your... Read more »
Judgment proof? Consumer loan. Aggressive collection agency.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 4, 2023
It depends on the laws in your state and the specific circumstances of your case. In Florida, certain types of income, including Social Security Disability (SSDI), are exempt from garnishment. This means that a judgment creditor cannot levy your bank account if it contains only exempt funds, such... Read more »
If I’m unable to work because I’m disabled. Can the mother of my child sue me for money even if I have medical evidence? I just gave the court my documents files for proof but the mother of my child is still pursuing a lawsuit to give her money when I can not work at all.
answered on Sep 19, 2022
File a modification on child support to adjust your payment while you are in that situation. Do your best to get a job when you can so you can still support your child. It is every parent's responsibility to provide for their children.
Talk to your attorney to know how best to proceed.
would need a free pro bono attorney to help me with my ssa case to keep my benefits i only make 861 a month
answered on Aug 5, 2022
Contact your local Legal Services office that serves indigent persons. You appear to be writing from Vero Beach, in which case you could try Florida Rural Legal Services. Website: https://www.frls.org Tel. 888-582-3410.
I am wondering if there is anything else I can do. I applied many times already. And almost lost hope. I hope I can get help
answered on Jul 17, 2022
The best place to find out about the evidence requirements to obtain a Social Security number and card is at 20 CFR 422.107. See https://www.ssa.gov/OP_Home/cfr20/422/422-0107.htm. To obtain an original Social Security number card, you must submit convincing evidence of:
1. your age,... Read more »
The executrix, his adult cousins, have repeatedly refused reasonable requests for access to those funds (for legitimate expenses) since 2014. During that year his father passed and he needed living expenses and medical services. In 2020 to present they have repeatedly refused to relinquish any... Read more »
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 15, 2022
Florida Statutes Section 736.0813 sets forth some of the information that beneficiaries of Florida trusts are entitled to receive. You can read it here: http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0736/Sections/0736.0813.html . In any... Read more »
answered on May 22, 2022
There is no restriction about a beneficiary being married to the person who is their representative payee. In fact, Social Security prefers to appoint a responsible relative, friend, or other interested party to serve as a representative payee, then they consider others, such as an organization to... Read more »
answered on May 10, 2023
The risk that someone will do something wrongful with your number and damage you monetarily is slight; unless you can prove money damages, no. And anyway, redaction is the responsibility of the clerk of court as well as the plaintiff.
The Commissioner’s decision was based on legal error. (Identify all legal errors.) Social Security law regarding disability
answered on Apr 18, 2022
I’m not sure what you are asking. Did you file an appeal and this is the in the appeal decision? Or are you looking for someone to file an appeal for you based on legal errors in a decision? If you can provide more information about your situation then I may be able to provide you with an answer... Read more »
What if you own a small company but do not take any income from it. Does that count against your monthly earning limit?
answered on Feb 18, 2022
Does what count? If you don't "take any income from" the company (assuming by "company" you mean a corporation), it might not count as income. On the other hand, if it is a sole proprietorship or one-member LLC, mere failure to transfer the money from the company bank... Read more »
I currently hold no valid ID for the State of Florida because of this discrepancy. I am 63yrs old and just diagnosed with prostate cancer, scheduled for surgery on 12 Oct.
answered on Oct 16, 2021
This is not my area of practice, but your question remains open for two weeks and it frustrates me that a veteran might have their benefits held up due to administrative discrepancies in personal information. Here is an address link to a page in the SSA website -... 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?
answered on Jul 28, 2021
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.
answered on Jul 10, 2021
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.
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.
