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Texas Social Security Questions & Answers
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...
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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...
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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
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Nina Whitehurst
answered on Aug 15, 2019

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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"...
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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 »

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
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... Read more »

Daniel John Christensen
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... Read more »

Robert W. Leonard Jr.
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...
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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... Read more »

Thomas Carter O'Brien
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
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 »

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