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Texas Social Security Questions & Answers

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 putting a warrant out for... Read more »

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 she didn't... 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 stocks & such,... Read more »

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 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 »

1 Answer | Asked in Personal Injury, Civil Rights, Small Claims and Social Security for Texas on

Q: I'm trying to find out about my case Macon vs. Owens al

Tammy Lyn Wincott answered on Jan 8, 2019

Your question doesn't provide enough detail to answer. If you are wanting the status of a case you are involved with you may contact the attorney representing you or the courts. Many courts allow online access to see the status of your case.

1 Answer | Asked in Medical Malpractice, Personal Injury, Social Security and Workers' Compensation for Texas on

Q: My husband and I are looking for a attorney that handles workers comp disability cases. Also someone who handles medical

We have several issue with workman comp/disability. If we could speak with someone about it because it's too long to explain the case,. We have all the paperwork from his case. After 3 years fighting we won his case. We had a lawyer that only took his money did nothing for us we fired him an got... Read more »

Daniel John Christensen answered on Nov 21, 2018

Hello!

If you are still needing assistance please call (512) 220-1800 and we would be more than happy to help you out!

I hope to hear from you soon!

1 Answer | Asked in Family Law, Probate, Public Benefits and Social Security for Texas on

Q: How do I amend my child's birth certificate to add her deceased father to it ?

My daughter's father passed before she was born. My son receives the social security survivors benefits. Social security told me to get a legal sibling DNA test and to send them the sealed document. They rejected her application because I did not amend her birth certificate. I was told to contact... Read more »

Robert W. Leonard Jr. answered on Oct 8, 2018

You can review the information provided at the Texas Department of State Health Services, VItal Statistics division to review the process. Here is the link:

https://dshs.texas.gov/vs/reqproc/amendparentage.shtm

Since you will need a court order, it would be best if you contact a...
Read more »

1 Answer | Asked in Social Security for Texas on

Q: How is the waiting period for SSA benefits calculated if the claimant is self employed? The specific math.

SSA determined I became disabled July 10, 2015. My SSDI benefits started Jan. 16, although I didn't start receiving the money until March 2017.

I know that SSA says the waiting period for determination is five full months below SGA. However, they asked me for six months of info. What did... Read more »

Thomas Carter O'Brien answered on Jul 30, 2018

The 5-month waiting period is described in CFR § 404.315. The relevant part of the regulation states that benefits will be payable after you have been disabled for FIVE FULL (emphasis added) consecutive months. This five-month waiting period begins with the first full month in which you were... Read more »

1 Answer | Asked in Social Security for Texas on

Q: I'm needing advise or representation in receiving social security benefits .

I have a injury to my right hand that resulted in loss of two fingers amputation and the use of another finger my hand was crushed in a sheet metal bender .I now have been diagnosed with PTSD and several other disorders because of accident.I just got released from a extensive amount of time in... Read more »

Anna Katherine Stone answered on Jul 27, 2018

They may be sending you to their on doctor if your doctors have not addressed permanent restrictions. They basically want a medical source statement commenting on your residual functional capacity (RFC). You must attend any and all appointments they set for you or you will be jeopardizing your... Read more »

1 Answer | Asked in Government Contracts and Social Security for Texas on

Q: Do DBA lump sump settlements need to be reported to Social Security? If the person has been found disabled?

Person want to apply for workers compensation benefits, but is receiving social security benefits due to winning award for disability. Can the person apply for Workers compensation benefits and collect social security? (both) if the person has been found disabled by Social Security. And does the... Read more »

Anna Katherine Stone answered on Jul 26, 2018

You would need to consult with a local workers' compensation attorney who practices in the state where you worked and were injured on the job. Also, there may be time limitations on when you can file for WC so I would encourage you to reach out to an attorney as quickly as possible. Best wishes.

1 Answer | Asked in Criminal Law, Child Support and Social Security for Texas on

Q: Can my EX use my social security number for child support

I have my children with me. I am currently taking care of them. She is not. I just found out that while she was signing up for child support she used my social security number. Is she allowed to do so?

EDIT: She is trying to place me on child support and has provided my social security... Read more »

Grant St Julian III answered on Mar 16, 2018

Who was your ex "signing up for child support" with? Did she provide your social security number and represent it as being hers, or did she just provide your number are required information?

1 Answer | Asked in Estate Planning, Family Law, Tax Law, Workers' Compensation and Social Security for Texas on

Q: Does arears child support payments affect an adult disabled child's social security income?

I have a severe and profound intellectually disabled child who is 20 years old. She has no income and I her amount of ssi income is around 30.00 per month. I was told, because her father was now paying his arrears child support, it had to be counted as her income. Her arears child support was... Read more »

Terry Lynn Garrett answered on Feb 16, 2018

Yes. Ask the court to enter an order that it must be paid into a special needs trust, an account with a master pooled special needs trust (such as the ARC of Texas Master Pooled Trust) or a combination of these with an ABLE account on which you have signatory authority (see www.stable.org). Money... Read more »

1 Answer | Asked in Elder Law, Social Security, Estate Planning and Probate for Texas on

Q: my Mother lives with me in Texas can my sibling in Ohio have power of attorney over her and control her money?

My Mother has lived with me for a year and three months. My sibling got POA before sending her to Texas

Terry Lynn Garrett answered on Feb 5, 2018

No one can get a durable power of attorney over someone else's money. The person themselves must grant it. If your mother gave your sister a durable power of attorney, she can revoke it. If she now lacks legal capacity to manager her financial affairs (as testified by a doctor completing a... Read more »

1 Answer | Asked in Divorce, Child Custody, Probate and Social Security for Texas on

Q: Need help finding the right lawyer for probono in West Texas... complex divorce/CPS/defamation of character case?

I am not sure what all qualifications to look for. I need a divorce as well as fighting CPS, defamation of character, and possibly an identity framing (not sure how to explain) . I need a probono lawyer because my husband has succeeded in making me destitute and unable to get work due to slander... Read more »

Terry Lynn Garrett answered on Jan 15, 2018

You may need one family lawyer and one probate lawyer. Using the Find a Lawyer function on the State Bar of Texas website, you may find a probate lawyer who will take the probate case and be reimbursed from the estate. If you are destitute, you can file an Affidavit of Indigency asking the court... Read more »

1 Answer | Asked in Banking, Family Law and Social Security for Texas on

Q: In a joint bank account, does a spouse have legal rights to utilize SSDI Representative Payee benefits? Why or why not?

*Per ssa.gov> payee> Guide For Organizational Payees> The Role of a Representative Payee, "Being an authorized representative, having power of attorney, or a joint bank account with the beneficiary is not the same as being a payee. These arrangements do not give legal authority to negotiate and... Read more »

Tammy Lyn Wincott answered on Oct 31, 2017

Your question is answered in the law you listed above. Contact SS for further information if still unsure.

1 Answer | Asked in Social Security for Texas on

Q: I was denied disability and i did not appeal within 60 days. I was homeless and did not receive mail.. What do i do now

Shari Lynn Vannieuwenhoven answered on Aug 14, 2017

You can still file the appeal but you need to show good cause for filing the appeal late. I suggest contacting your local social security office as soon as possible to request the hearing and establish good cause. Good luck.

1 Answer | Asked in Consumer Law, Products Liability, Civil Litigation and Social Security for Texas on

Q: My new LG washer ruined clothes and towels. Can I sue?

I purchased a new set of LG washer and dryer in March 2016 from Home Depot. I bought the extended protection plan with them. The washer ruined a lot of my clothes and towels. They're only wanting to reimburse $250. Can I get more? Could this be a class action?

Peter N. Munsing answered on Jan 27, 2017

Contact the insurance commissioner and see if they think coverage should pay for replacement value or market value.

1 Answer | Asked in Social Security for Texas on

Q: I'm a Texas resident but spend a few months a year abroad at a second residence.

Can I have my Social Security checks sent to my international address for the time that I'm there each year?

Peter N. Munsing answered on Nov 29, 2016

May not make sense--possibility of mail forwarding other problems suggest not great idea. But you can if you want.,

2 Answers | Asked in Social Security for Texas on

Q: Can my husband volunteer (with no compensation) for my company after he retires?

My husband and I are partners in a business. He is considering retiring in January. He is 62. I am 49. I will become the sole owner of the company. Can he "volunteer" his services for my company after he retires and keep his full SS payments? Is there a limit on how much he can... Read more »

Peter N. Munsing answered on Nov 29, 2016

He can work there and get social security. Just means that he gets a certain amount deducted in relation to his income.

Second, he may want to wait until he is 66 or so. At 62 he only gets 75 per cent of his benefits. If he hasn't maxed his contribution he may want to put in a few more...
Read more »

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1 Answer | Asked in Federal Crimes and Social Security for Texas on

Q: Does a social secerity administration person have the right to over rule on a federal judges ruling on a fraud case?

Peter N. Munsing answered on Oct 5, 2016

No, but this is something the claimant should discuss with their lawyer/federal public defender.

2 Answers | Asked in Gov & Administrative Law and Social Security for Texas on

Q: My ? Is if a federal judge rules on how much a defendant is to pay back monthly does SSA have the right to with hold

Withhold all of her check till the whole 67,000 is paid in full! Because they fill like I owe them because I went back to SSA office which I had been getting my SSA office and was told by the men I remember seeing in that court room the day the order was ruled and he said that that judge does... Read more »

Peter N. Munsing answered on Sep 20, 2016

Not clear what is going on. A good place to start is with the Legal Services office if you didn't have an attorney in Federal Court. Overpayments can be waived or modified if "against equity and good conscience." Generally Social Security benefits aren't subject to withholding--though once cashed... Read more »

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