If you are 18 and receiving Social Security Disability Insurance (SSDI) checks, these funds are legally yours. Your grandmother does not have the right to withhold your SSDI checks, regardless of your refusal to give her money. As an adult, you have legal control over your finances, including any...View More
They've not been together since the 1970s but are still legally married. Mom can't afford to file for divorce&even if she did, there's no guarantee dad would agree to it. He doesn't deserve to receive her benefits, she doesn't want him to get them. She wants them to go... View More
I understand your concerns. In the U.S., if your parents are still legally married, your father might be eligible for certain Social Security benefits upon your mother's passing, regardless of their prolonged separation. Your mother's wishes about her benefits cannot change Social...View More
My younger sibling is 18 and graduated high school but is still living with our mom.
My sibling doesn’t have a job or bank account yet. My sibling has a PA photo ID, but our mom insists on keeping it in a “safe place” because she wants to control my sibling. (She refuses to accept... View More
Your sibling can request a replacement Social Security card by providing documents to prove their identity, such as a passport or driver's license. If they don't have those documents, they may need to contact the Social Security Administration for guidance on alternative methods of...View More
My husband passed away on 11/29/19. I spoke to SSA on Jan. 3, 2020, about survivor's benefits. Told I didn't qualify, but they used 2019 income that was 9K higher than normal. They blew me off when I said my income was normally @ 45K. In fact it was 10k less than that because I went back... View More
You can write a letter to the SSA explaining the situation and requesting the backdated Survivor's Benefits owed to you. Be sure to include your full name, Social Security number, your late husband's information, the dates you originally inquired about the benefits, and any documentation...View More
My SSA local office made a decision in the SSA Electronic Records on my Appeal, however, refuses to issue a written Decision Letter to me in adherence to the SSA Act. Of course, that letter is mandatory to enable me to proceed to the next Appeal Level, i.e. the Administrative Law Judge. The... View More
If you believe that your local Social Security Office is not adhering to the SSA Act Guidelines, you can file a complaint with the Social Security Administration. You can also contact your local congressperson or senator for assistance in resolving the issue.
Agreement for SSDI representation signed Aug 2021 states: "amount equal to 25% of the combined past due benefits awarded to Client and client's family, or the amount specified in 42 U.S.C. §406 (a) (Section 206 (a) of the Social Security Act), currently set at $6,000.00, whichever is... View More
SSA should withhold the $7200 as that is the amount in the statute in your agreement and is less than the full 25%. The fee agreement states only that the fee set in that statute was currently capped at $6000. The agreement limits itself to the statute, not the dollar amount listed.
In general, disability income is considered separate property and not subject to division in a divorce. However, the laws vary by state, and it's best to consult with a family law attorney who can advise you on your specific situation. Additionally, pensions and other retirement accounts...View More
You haven’t provided all of the dates but most likely this has to do with your application date. SSI benefits are paid starting the later of the first calendar month after the application was filed or the date SSA finds that you became disabled (usually called an onset date).
I'm in the medical field for 37 years. Diagnosed with Major depressive disorder. I've had a psychiatrist and psychologist. Health care is killing me mentally. What are my chances of getting disability? I have to use my intermittent leave on some occasions. I'm 58.
Talk to an experienced disability attorney first. Most offer a free initial consultation and will be able to discuss the particular issues about your claim. You can then decide if you want to hire an attorney to represent you. A common arrangement is contingency fee where the attorney will get paid...View More
The Appeals Council can either review an ALJ decision because you requested the review, or they can review decisions of their own volition. In their review, the most common outcomes are to either agree with the ALJ decision, or they can remand the decision back to the ALJ for them to fix any...View 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 -...View More
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,...View More
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...View More
This is really something that a Pennsylvania attorney familiar with child protection matters would know how to handle. I'm not certain if there is such a category here that deals with child welfare services or child protective services. The closest category might be Family Law - If you were...View More
Income I made from 1992 to 1994 was not recorded even if I filed my taxes for those years. I contacted my ex-employer and they gave me a confirm letter with my salaries for the years I worked, but the letter is not considered as proof by the social security office. I just dont know... View More
If you have copies of your tax returns for those years, I would call the social security administration to see if they could update their records accordingly. If they cannot do it, then this gets to be a harder task. You could contact the IRS (good luck with that these days with their limited...View More
It depends on how much the spousal benefit is per month, and how much other countable income you are receiving per month. Almost all income is "countable" for SSI purposes. If you have over a certain amount of income, you are not eligible for SSI.
My Social Security retirement benefits payments ceased upon my incarceration in a state prison for a felony conviction. I was released on parole and transferred to the Immigration detention, where I spent one year before getting deported.
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.