My daughter wants my wife and I to take temporary guardianship of her son because she doesn't have the resources to take care of him. She currently gets 850 a month for him in disability. If my wife and I take temporary guardianship of him, will the payments go to us for his care or stay... Read more »
Perhaps, but if you think that's going to net you a bigger back-pay amount in your pocket, you'll need to refer to the retainer agreement you signed. Likely, your attorney will still get his or her fee.
The judge's job is not to be in your favor. The only person "in your favor" is your attorney, and he or she must adhere to court rules, case law, statutes, ethics, and rules of evidence while being in your favor. If you have plead and are awaiting sentencing, then now is the time to...Read more »
son had conservator for special needs trust which i set up when he was 17 ( he's now 36). I got guardianship back and when I petitioned in 2020. I petitioned to be conservator this year, but the court said the case is closed?! Woman that was his guardian/conservator says she is now only his... Read more »
Sounds like the conservatorship may have been in place because of your son's age at the time (under 18). At some point, it was closed because 1) he was over 18, and 2) his only source of income became his SSDI, for which a payee serves the same purpose as a conservator.
Depends on what type of background check they want to do. You may, of course, decline to give your SS#; the church may then elect not to do the background check or offer you the position you are seeking.
A creditor may seek a judgment lien against real property that is owned by the Debtor (the individual who owes the creditor money). Social security income is generally not available to creditors, but it has to be in separate bank account from other funds. Bankruptcy may be an option, but you will...Read more »
My father passed away in Aug 2009. Days before passing he received his letter that his back pay had been approved. A letter went out a few months later to my grandmother, who also passed prior to getting the letter. As his only next of kin am I eligible and able to claim his back pay?
You are in a tough jam. Were you an independent contractor or just paid under the table? Depending on your answer to that, this may be a significant tax issue for you and your employer. You likely had an obligation to report your payments as income on your taxes, which would have subjected you to...Read more »
If these are the only funds in this account, you should retain a lawyer to file an objection to garnishment. Exempt funds is just the kind of argument that a judge will listen to. However, if there are commingled funds, the analysis is more complex.
I'm physically disabled from brain cancer. I require a wheelchair, receive SSI/Medicaid and have a registered in-home caretaker from the state of Michigan. I would like to go on a cruise, but it would be necessary that my caretaker come along with me. Can I pay for their ticket and have it... Read more »
The $10,000 inheritance is disqualifying income in the month of receipt. There is not much you can do about that. If you still have that money on hand on the first day of the following month, sitting in a regular ol' checking account, for example, it will be a countable asset and that will...Read more »
Yes, of course your sister can open a bank account--with one important caveat: If your sister intends to put lots of money into a bank account--or in any other kind of financial account--she may be at risk of having to explain where she is getting the money.
Generally speaking a person who collects disability can own real estate. If you are speaking in terms of financing a property with a mortgage, then your disability income should be included in the income calculations, provided the disability is not temporary. So for financing purposes, disability...Read more »
This answer assumes you are receiving SSDI, not SSI. If 65 is your full retirement age, you would be shifted from the SSDI to RSDI. Your payment amount would remain the same, it would just be paid from a different program. It will happen automatically and is really just an accounting entry for...Read more »
I believe the answer could change based on the facts. For instance, many people use SSDI and SSI interchangeably when they are very different programs. If you receive SSI, you should be automatically eligible for the fee waiver. If you receive SSDI, that will probably count against you when...Read more »
Prior to your full retirement age, you may claim reduced benefits based on your deceased husband's earning records. If he was receiving a reduced benefit before he passed away, your benefits would be based on his reduced benefits. So, unless he claimed his benefits before full retirement...Read more »
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