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Texas Social Security Questions & Answers
1 Answer | Asked in Social Security for Texas on
Q: Hi, I wanted to find out what happens next after my SSDI case is granted through Federal Civil court.

court GRANTS Plaintiff’s motion for summary judgment and DENIES Defendant’s motion (I don't have a lawyer)

Elizabeth Fowler Lunn
Elizabeth Fowler Lunn answered on Apr 1, 2021

If you have a lawyer who represented you in Federal Court you should ask them. Typically this means that the Court has found in your favor in terms of the appeal. This does not necessarily mean that you have won your overall claim for benefits. Read through the Court's order. It will usually... Read more »

1 Answer | Asked in Social Security for Texas on
Q: My son father died right after winning his battle against social security. He was awarded about 90,000.

My son lives with me here in Texas the other child lives in oklahoma. What kind of claim do i file. When I went to social Security and applied for the remaining amount they said the kids don't get it. Both children get survivors benefits already from social security (rsdi). Their dad only... Read more »

Kenneth Prigmore
Kenneth Prigmore answered on Mar 27, 2021

At death, back pay is owed to the deceased person's estate. The estate will get distributed by will or Trust, if he had them. If he doesn't have them state law will determine what happens to his estate.

I don't know which state the father was living in when he died, but most,...
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1 Answer | Asked in Education Law and Social Security for Texas on
Q: Is it required of teachers to fill out a SSA Teacher Questionnaire for a former student who has graduated and seeking

SSI disability? Is this a federal requirement? Are there consequences for a teacher who doesn't answer.

Susan Michele Schaefer
Susan Michele Schaefer answered on Mar 22, 2021

No, it is not mandatory that a teacher complete a Teacher Questionnaire. However, please consider completing either the questionnaire or a letter to describe your former student's functioning because the information you provide is an important part of the disability assessment. For more... Read more »

2 Answers | Asked in Consumer Law, Banking and Social Security for Texas on
Q: Caught in a fraud scam my checking is overdrawn thousands. Can my bank take my social security in savings to pay that?

Both pension and social security go to savings but checking is overdrawn. Can they take that to pay off what is owed in checking?

Teri A. Walter
Teri A. Walter answered on Mar 18, 2021

Probably, yes. The bank's account agreement probably gives them the right to offset what's due on one account with what's in another, even if the funds deposited there were exempt before they we deposited. You may want to contact them and work out some payout arrangement on the... Read more »

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1 Answer | Asked in Social Security for Texas on
Q: How do I fight for the money my son father didn't receive due to death from social security? The dad has 2 male heirs.

My son father died right after winning his battle against social security. He was awarded about 90,000 and only received 38,000 before death. I was told the rest of his money goes to his children out side of the survivors benefits they are already getting. This all took place in oklahoma city... Read more »

Peter N. Munsing
Peter N. Munsing answered on Feb 26, 2021

Assuming the children live with you you need to file a claim from wherever you are.

3 Answers | Asked in Social Security for Texas on
Q: Can I represent myself in a case against Social Security ?
Scott F Bocchio
Scott F Bocchio answered on Feb 1, 2021

Hi, yes you can represent yourself.

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3 Answers | Asked in Civil Rights and Social Security for Texas on
Q: Hello, I applied for disability and now it has been 11 months and I haven’t heard anything back from the state.

Do I need a lawyer and how much will it cost?

Susan Michele Schaefer
Susan Michele Schaefer answered on Jan 28, 2021

Your 11 month wait for a disability decision from Social Security is about what I have been experiencing with my clients' cases since COVID. You can either call Social Security and ask about the status of your case or you can go to My Social Security and check for updates online.

I...
Read more »

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1 Answer | Asked in Personal Injury and Social Security for Texas on
Q: I am 56 and lost my job of about 30 years because of a work injury that left me with a permanent weight restriction.

I am going to file for SSDI. Should I apply for unemployment so that I can have income while waiting to hear if I qualify for SSDI? I think I may qualify with a grid rule. I received Workman's Comp for 2 years.

Susan Michele Schaefer
Susan Michele Schaefer answered on Dec 24, 2020

Yes, you can apply and receive unemployment benefits while you apply for SSDI benefits. It is a practical approach. Be aware, however, that there is a contradiction in getting both benefits since unemployment requires you to be ABLE to work and actively look for work, and SSDI approval requires... Read more »

1 Answer | Asked in Social Security for Texas on
Q: Has SSD ever been approved while SSI was denied? Details

ALJ hearing a week ago. Today; SSA website-SSI declined.

SSD- "medical decision has been made and we are working to process your decision"

I have very little work credits. My question is has a SSD ever been approved despite few credits?

Brad A. Thomas
Brad A. Thomas answered on Nov 3, 2020

It's impossible to give you a clear answer on this question due to limited information. If you do not have a disability attorney handling your case, then you can try calling the hearings office where your case is located and see if they may be able to give you some clarification. Otherwise,... Read more »

1 Answer | Asked in Family Law, Child Custody, Child Support and Social Security for Texas on
Q: Can CPS keep a child's survivor benefits that the child receives and not give it back to them when they turn 18? My daug

CPS kept my daughters survivors benefits she received from her deceased father the two years she was in their care. They told me it was in a savings account for her and then told her it was to pay for her care. Can they do that?

Brad A. Thomas
Brad A. Thomas answered on Oct 22, 2020

They likely were able to do that. You can read more about the law in this situation here: https://secure.ssa.gov/apps10/poms.nsf/lnx/0200502159.

If your daughter was under the care of CPS for two years, then that means they had legal custody of her during that time and Social Security most...
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2 Answers | Asked in Social Security for Texas on
Q: There was overpayment on family's Survivor's Benefits. Mother is in debt and was told this would not happen. What to do?

My siblings received survivors benefits on behalf of my deceased father until they turned 18. I had a disability that I needed to be supported as well, and after working with a Lawyer I was approved for benefits on the same account, with disabled adult child benefits. He said that this would not... Read more »

Susan Michele Schaefer
Susan Michele Schaefer answered on Oct 4, 2020

I am unsure about the timeframe you are referring to with regard to the claimed overpayment. I want to make sure that you know about a new rule that Social Security has published effective August 27, 2020 in which Social Security acknowledged that it would be against equity and good conscience to... Read more »

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1 Answer | Asked in Social Security for Texas on
Q: My son lost his SSI benefits when he was 3 due to child support. Will it be hard to qualify for SSI when he turns 18?

He is a brain tumor survivor. We lost his SSI benefit (and more importantly, his Medicaid) when his absent father started making child support payments when my son turned 3. He is now 14, and I am planning for his post high school years. When he turns 18, the child support payments end. Will it... Read more »

Susan Michele Schaefer
Susan Michele Schaefer answered on Jul 23, 2020

I am sorry to hear that your son lost his SSI benefits due to an income/resource issue. Since SSI is a needs based program, there are limits to the amount of countable income/resources. I strongly urge you to contact a disability attorney now to consult about establishing an Achieving a Better Life... Read more »

1 Answer | Asked in Social Security for Texas on
Q: I have been receive survivor benefits for myself and 3 daughters since my husband's death. When do they stop?

Our oldest turns 16 soon, will we lose all our benefits? What about the younger two? All the kids are still in school, and not sure why it would affect the younger kids. Had a SSI office worker tell me all benefits stop when the oldest turns 16 and I don't understand why the younger kids would... Read more »

Susan Michele Schaefer
Susan Michele Schaefer answered on Apr 18, 2020

As a widow who has not remarried and who is the primary caretaker for the deceased’s children under age 16, you should receive benefits until the youngest child reaches 16.

Each unmarried child of the deceased will get survivors benefits until they reach age 18 (or age 19 if the child is...
Read more »

1 Answer | Asked in Personal Injury, Public Benefits and Social Security for Texas on
Q: Im looking a kick the door open lawyer!

I have two polices with aig AD&D my company keeps telling me for a month now there reviewing my case. I lost my shoulder, arm, & hand due to part injury and part cancer. I have paid in full to aig and now i should collect. Please let me know what you think.

Ronald Dean Gresham
Ronald Dean Gresham answered on Sep 4, 2019

HI. I will need more information from you to answer your question. How did you lose shoulder, arm, and hand due in part to an injury? What injury? You can always email me directly at dean@greshamlawgroup.com or call me at 972-387-4040 and ask for Dean Gresham.

Thank you.

1 Answer | Asked in Child Support, Social Security, Estate Planning and Family Law for Texas on
Q: My ex-husband died suddenly in April. Our only child has been in ICU since last July, and is disabled

My child turned 18 in July. He needs a heart and kidney transplant. His stepmother wants to discontinue child support and his health insurance, as my child now receives his father's SSI death benefits. He is ineligible to receive Medicare, Medicaid, or SSI disability due to receiving these... Read more »

Nina Whitehurst
Nina Whitehurst answered on Aug 15, 2019

Do you have a question?

1 Answer | Asked in Immigration Law, Public Benefits and Social Security for Texas on
Q: can the Social Security Administration count my undocumented aliens spouse's income against me and stop my SSI benefits

My husband does not have a SSN and is not authorized to work in the US. We are in the process of applying for his green card but still not been approved. I receive SSI & Medicaid. I reported my marriage to my husband immediately after getting married but the rep told me that since he... Read more »

Kevin L Dixler
Kevin L Dixler answered on Aug 6, 2019

This seems a bit more complicated. More information is needed. Do you have a joint sponsor? Your husband should qualify for work authorization if he is eligible to adjust status. If not, due to complications with filing, it seems like you need an attorney, soon!

If "the rep"...
Read more »

1 Answer | Asked in Social Security for Texas on
Q: I was recently granted disability. I asked my lawyers office if that included social security and the girl said no

Social security office said that I can’t apply for both. Which is correct?

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Jun 20, 2019

Ask the Lawyer in the office not the "girl".

1 Answer | Asked in Criminal Law, Banking and Social Security for Texas on
Q: PayPal card/account stolen and charged someone's Social security debit card. What will happen legally?

My friend's PayPal debit card was stolen and her account hacked. She's is being blamed for charging this lady's card by social security. The lady that has her card used gets disability. My friend didn't do it but has no way to prove she didn't do it. They said they are... Read more »

Kiele Linroth Pace
Kiele Linroth Pace answered on Apr 28, 2019

Fortunately, she doesn't have to PROVE it wasn't her. The prosecutor has the burden to prove it WAS her. Your friend needs reasonable doubt that it could have been someone else... that she too was a victim of identity theft. Unfortunately, she is starting from a difficult position if... Read more »

2 Answers | Asked in Civil Rights, Gov & Administrative Law, Public Benefits and Social Security for Texas on
Q: Are there protection laws for back pay or funds received from SSDI that a person took and invested ?

An individual received SSDI,(not SSI) along with back pay, after a long struggle with the Social Security Adm., in mid-spring of '18. Upon receiving the back pay, this person, who doesn't have a 401k, nest egg, family support...etc., decided to invest a percentage of the money into... Read more »

Roy Lee Warren
Roy Lee Warren answered on Apr 16, 2019

THANK you for an excellent question. I believe you and I would get along great. The situation of which you speak is one of the more ridiculous scenarios of SSI in my opinion. However I am sure it makes sense to those that wrote the law. SSI benefits are based on need so if the person that receives... Read more »

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1 Answer | Asked in Social Security for Texas on
Q: Can I receive SS benefits on her record when I am age 62, or will I have to wait until she is 62 and I am 68?

I plan to retire at age 62, this November 2019. My ex-wife, a Physician, from a 25 year marriage, is 6 years younger than I am.

Dustin Draper
Dustin Draper answered on Jan 22, 2019

I would need to know some additional details before I could conclusively answer this question. However, generally speaking in order to receive benefits derived from the account of a divorced spouse they themselves have to be eligible for Social Security (either through reaching retirement age or... Read more »

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