QUESTION

Can I receive assistance with getting my son's benefits for disability merely until the disability corrects itself?

Asked on Aug 11th, 2012 on Personal Injury - Missouri
More details to this question:
I was denied social security disability benefits for my four-year-old child. The first time was because I made too much money. I do not have employment now. The second time was because I had too many assets; specifically, I own two vehicles. The one that is paid off is a 2000 F150 standard shift of which the representative claimed put me over a $2000 asset limit, thus causing my son's denial. This happened June 25, 2012. He visits a therapist twice a week in office.
Report Abuse

9 ANSWERS

Motor Vehicle Accidents Attorney serving Lincoln, NE at Lapin Law Offices
Update Your Profile
If by "receive assistance" you mean "have legal representation," which would then change your question to "Can I have legal representation with getting my son's disability merely until the disability corrects itself?", the answer is yes you can have an attorney help you. If disability benefits are awarded you would not need the attorney's assistance any longer. If you mean something else by "receive assistance" such as Medicaid, food stamps or similar type of program or benefits I cannot answer your question without a lot more information. I cannot answer whether your son is "disabled" as defined by the Social Security Administration entitling him to benefits as you do not indicate what his "disability" is. Assuming your son is "disabled" then the question is whether you have too many "assets" that prevent your son from collecting benefits, The Social Security Administration permit people have to some assets that do not count against them when determining if someone is eligible for Supplemental Security Income benefits. After taking out those things that Social Security does not count, individuals can have $2,000.00 in assets and married couples can have $3,000.00. You do not indicate whether you are single or married. You indicate you have 2 vehicles. Social Security will not count one of the vehicles. If the value of the second vehicle plus any other assets you have are over $2,000.00 if you are a single parent, then your son would not be entitled to benefits. I would suggest you talk to a Social Security Disability attorney about your son's case. He or she can review your assets as well as your son's disability and give you a more definitive answer as to whether your son should be entitled to benefits. DISCLAIMER: This response should be considered general in nature, for information purposes only and should be used only as a starting point for addressing legal questions and issues. It is based on the limited information provided and, in some instances, makes certain assumptions. It is intended only for cases involving Nebraska and Nebraska law and is not applicable to any other state or jurisdiction. The author does not warrant the accuracy or validity of the information contained within this response, and hereby disclaims any liability to any person for any loss or damage caused by errors or omissions. In addition, this response is not a substitute for professional legal advice and does not create an attorney-client relationship, nor should it be considered a solicitation for additional legal advice or legal representation. If you ignore this warning and convey confidential information in a private message or comment, there is no duty to keep that information confidential or forego representation adverse to your interests. You should seek the advice of a licensed attorney in the appropriate jurisdiction to fully discuss your case. You should be aware that there are Statute of Limitations (the deadline imposed by law within which you may bring a lawsuit) as well as other requirements and/or limitations that limit the time you have to file any potential claims you may have. This response may be considered advertising in some jurisdictions under any and all applicable laws and ethical rules. The listing of any area of practice that the author practices in does not indicate any certification or expertise therein, nor does it represent that the quality of legal services to be performed would be greater than the quality of legal services performed by other lawyers. It is merely an indication by the author of areas of law in which he practices. The determination of the need for legal services and the choice of a lawyer are extremely important decisions and should not be based solely upon advertisements or self-proclaimed expertise. Readers are urged to make their own independent investigation and evaluation of any lawyer being considered.
Answered on Sep 14th, 2012 at 12:36 PM

Report Abuse
Child Custody Attorney serving Malvern, AR at Law Office of Gregory Crain
Update Your Profile
Yes.
Answered on Aug 27th, 2012 at 11:57 AM

Report Abuse
Personal Injury Attorney serving Charlotte, NC at Paul Whitfield and Associates P.A.
Update Your Profile
Social security benefits are commonly denied. File again and specifically ask them what you must do to get benefits.
Answered on Aug 27th, 2012 at 11:57 AM

Report Abuse
Keven A. McKenna
Apply for SSDI for your handicapped child not Medicaid.
Answered on Aug 27th, 2012 at 11:57 AM

Report Abuse
Chapter 7 Bankruptcy Attorney serving Syracuse, NY at Andrew T. Velonis, P.C.
Update Your Profile
You are in a "spend-down" situation. The KBB value for an F150 is $3,000. Sell it and use the proceeds to pay the therapist.
Answered on Aug 21st, 2012 at 2:08 PM

Report Abuse
Ronald A. Steinberg
You either do or do not qualify. The rules are clear.
Answered on Aug 21st, 2012 at 12:56 PM

Report Abuse
Plaintiff Animal Bites Attorney serving Missoula, MT at Bulman Law Associates PLLC
Update Your Profile
It's sad, but if you love your son, sell the pickup. A good clean pickup is always easy to sell, especially in the fall. Gathering wood is a tradition in Montana.
Answered on Aug 21st, 2012 at 12:56 PM

Report Abuse
Personal Injury Attorney serving Indianapolis, IN at Bernard Huff
Update Your Profile
You should consult with a lawyer who handles Social Security Disability Benefit cases for specific legal advice and assistance.
Answered on Aug 21st, 2012 at 12:55 PM

Report Abuse
Personal Injury Attorney serving Pacific, MO at Melvin G. Franke
Update Your Profile
Start over and file again.
Answered on Aug 21st, 2012 at 12:54 PM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters