I’ve submitted a petition to the Fifth Circuit Court of Appeals but they want it wrote in different format, HELP
They gave Social Security to a White individual and not me and that’s discrimination,
The windfall law was removed in 1983, the Railroad Retirement Board gives... Read more »
You are not going to find a lawyer who will just reformat your pleadings. I also do not think you need a lawyer who handles Social Security cases.
From your question I think you are suing Social Security for discrimination. If so, you need to find and hire a lawyer who handles federal... Read more »
MD would not release me for f/t work. Am RN.
Neuropsychiatrist eval established disability.
58 yo white female.
Offered PART-TIME transcription work (16 hr/wk).
Would be <1260/month.
Can't lose SSDI. Would this jeopardize it?
Part-time work can be considered substantial gainful employment by the Social Security Administration. It makes no difference that you would be putting the money into a retirement account. SSA rules would still classify this as income and would need to be reported to SSA even if it is not taxable... Read more »
Can it disqualify me from receiving benefits?
The SSA Disability determination will be based on your ability to show up and do full time work. Your actual income has little to do with the equation. Sometimes there are exceptions based on you getting paid more than you are able to earn due to a generous employer that is aware of your... Read more »
If your husband is incarcerated for more than 30 continuous days,, his SSDI benefits will be suspended and only the auxiliary benefits to you as his spouse and his children will continue as long as they meet the eligibility requirement. Knowing this, hopefully you can work out what you need to do... Read more »
I have a friend who was a caregiver for an elderly couple and she was also dating their grandson and they lived with the couple. The lady died and the man knowing his time was soon as well decided to leave everything to my friend. He had papers drawn up stating that he and my friend were comnen law... Read more »
The account here is a little hard to follow. It is highly unlikely the social security administration would recognize this arrangement as a common law marriage entitling your friend to social security benefits. A common law marriage under Texas law is not created just because someone declares it... Read more »
If you had an attorney who represented you at your hearing then you can ask who they recommend. If you were not represented or your attorney was not local call to a few attorneys in your area that handle SSD cases. If they don’t handle federal work, they know who does that type of work in your... Read more »
He has been disabled since birth, he was on SSI, then he got on SSA, without any letter or any communication , they just stopped his checks, he had no option to appeal this decision. On the SSA site, it said he was no longer disabled. What can he do about this? He lives in Weatherford, Tx
He needs to contact his local Social Security office and get them to mail him a copy of the decision. It's possible that they had an old address for him and he did not get his notice. He may also have missed the mail for the case review. He can also call the national toll free number at... Read more »
That depends on how long you were married, whether or not she has remarried, etc. However, if she is eligible for payment based on your work record, it does not affect the amount of your payment.
court GRANTS Plaintiff’s motion for summary judgment and DENIES Defendant’s motion (I don't have a lawyer)
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 »
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 »
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,... Read more »
SSI disability? Is this a federal requirement? Are there consequences for a teacher who doesn't answer.
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 »
Both pension and social security go to savings but checking is overdrawn. Can they take that to pay off what is owed in checking?
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 »
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 »
Assuming the children live with you you need to file a claim from wherever you are.
Hi, yes you can represent yourself.
Do I need a lawyer and how much will it cost?
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 »
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.
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 »
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?
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 »
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?
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... Read more »
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 »
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 »
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 »
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 »
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.
