California Social Security Disability Legal Questions

I would be curious to know what exactly it was that she had you sign.  In fariness to her, it may have been something that anyone of us would have had you sign.  Something that may likely be required by the Social Security Administration.  You are welcoem to send the document over for our review and we'd be more than happy to provide feedback and direction but you would need to disengage with her prior to speaking with another firm. Attorney Bocchio 855-254-7841 www.yourlegalrightsadvocates.com   ... Read More

I assume that you mean eligibility for Supplemental Security Income from the Social Security Administgration.  Besides financial requirements, if you are under 65 years old, you must be completely disabled.  If you are over 65 years old, you can be partially disabled. A doctor must diagnose that your disability will last longer than one year, or that it will result in your death within one year.... Read More

You can ask for a fair hearing with the Social Security Administration.  To receive SSI benefits, you must qualify with your disability and your assets.  You must be disabled with a disability that will last more than a year or will result in your death.  You must not have countable assets in excess of $2,000.  Contact an attorney for a full consultation.... Read More

The answer to your question is: maybe. Without knowing more about the family relatives still alive and potentially eligible, the following is a priority list of ones that can receive the money: 1.The surviving spouse who was either living in the same household as the deceased at the time of death or who, for the month of death, was entitled to a monthly benefit on the same record as the deceased; 2.Children who, for the month of death, were entitled to a monthly benefit on the same record as the deceased; 3.Parents who, for the month of death, were entitled to a monthly benefit on the same record as the deceased; 4.A surviving spouse not qualified under 1. above; 5.Children not qualified under 2. above; 6.Parents not qualified under 3. above; or 7.The legal representative of the deceased person's estate. This information is from the SSA website and I recommend you review it and study it closel.  https://www.ssa.gov/forms/ssa-1724.html    Form SSA-1724 needs to be completed by the person in the list of the 7 indicated above that has the highest priority.  Here is an online fillable PDF form link https://www.ssa.gov/forms/ssa-1724.pdf WARNING: do not complete this form for yourself if you have any question whether you are the correct person to request and receive the money.  SSA prosecutes fraud.... Read More

Boy, you have a tough case.  I can appreciate your problem because feet are necessary for walking and standing, and if your job requires that, you may not  be able to do your job.  However, your condition, plantar fascitis, normally is not permanent and with treatment is resolved within one year. The definition of disability “inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or has lasted or can be expected to last for a continuous period of not less than 12 months.”  If you can do a sit down job, you are not disabled for Social Security purposes. Find a free or reduced fee clinic and I hope your condition improves soon.... Read More

SSI is a resource driven benefit.  By that I mean your assets are reviewed first before your disability.  Depending upon the amount of your VA Benefit, you likely are ineligible for monthly SSI benefits because of the money you receive from VA. Did you also apply for Social Security Disability Benefits?  Often, individuals receive a denial from SSI (Supplemental Security Income) and wrongly assume that SSA has ruled that they are not disabled.  If you have worked 5 of the last 10 years you are generally eligible for Social Security Disability.  Check with your local SSA office to determine if your disability claim is "pending." Regardless of what the VA determination may say, SSA must make their decision based on SSA law, regulations and rules.  Your VA determination will be helpful, but does not make your case "automatic." Finally, the status of your VA benefits is important.  If the benefits are "service-connected" there is no offset (subtraction) from your Social Security Disability benefits.... Read More

Not really enough information to answer your question.  But basically you have 60 days to file your next appeal on the prescribed forms listed in the SSA notice.  Failure to file on or before that 60 day timeline may result in a dismissal of your claim.   Easiest: go here to appeal on line: https://secure.ssa.gov/apps6z/iAppeals/ap001.jsp  ... Read More

If you want to pursue this, you must not sit back as everything has a statute of limitations, and you don't want yours to run out.  Contact an employment lawyer to discuss pursuing your former employer for taxes not paid. If the taxes do get paid, then you will be entitled to a new determination of your monthly benefit. One other thing ... if the employer didn't pay the tax, neither did you.  When the employer does, you may have a balance due for taxes.  This is an area of law that I am not an expert, but a question in which you need a lawyer's help. To find an attorney in your area that handles Social Security Disability law, go to http://www.lawyers.com/Social-Security-Disability/browse-by-location.html and click the State in which you live.  PLEASE NOTE that an in person consultation is always best when you have a legal problem. DO NOT RELY on information for a legal remedy without having contacted a lawyer. Facts and circumstances of every case have to be applied to the law that is relevant for the state or location in question.NEVER rest on a right or defense you may have. Legal rights are not like wine - they don't improve with age or time. Time limits can completely prohibit recovery. SEEK LEGAL ADVICE IMMEDIATELY.Be sure to visit my website for answers to other Social Security Disability questions. ... Read More

I have good news!  Attorneys charge no "fees" until the case is over.  Some require an upfront deposit for expenses, but if you shop around, you may find someone that does not.  It greatly depends on where you live. The Social Security Administration (SSA) closely regulates how the "fee" is paid.  According to the SSA website: Prior to charging or collecting a fee from a claimant or a third party for services provided in any proceeding before the Social Security Administration (SSA), a representative generally must obtain SSA's authorization. To do so, the representative must use one of two mutually exclusive fee authorization processes: Fee Agreement Process Fee Petition Process Typically, the fee is 25% (¼) of your past due benefits, and are usually withheld from your past due benefits to pay the lawyer directly.  The expenses are not withheld, and are to be paid, according to your agreement, directly to the lawyer. Usually, an initial consultation, either by phone or in person, is free.  The website you used to ask this question is a good one.  Follow this link to find someone in your area that handles Social Security Disability.Finally, insist on a written agreement when you hire the lawyer.   PLEASE NOTE that an in person consultation is always best when you have a legal problem. DO NOT RELY on information for a legal remedy without having contacted a lawyer. Facts and circumstances of every case have to be applied to the law that is relevant for the state or location in question. NEVER rest on a right or defense you may have. Legal rights are not like wine - they don't improve with age or time. Time limits can completely prohibit recovery. SEEK LEGAL ADVICE IMMEDIATELY.Be sure to visit my website for answers to other Social Security Disability questions.... Read More

Do not delay. Apply. Submit copies of what records you have and give a complete list to SSA and they will obtain them for you. The clock may be ticking against you regarding that claim you filed 2 years ago. You can apply in person, by phone, or online. If you are denied, seek competent counsel. Hire counsel now if you feel uncomfortable proceeding alone or due to your health you are just not up to the task. Go to http://goo.gl/qDDzf for a list of Social Security Disability Law Firms in California. If the cities listed are not near you, be sure to scroll to the bottom of the page to see if other cities are closer. There are several excellent articles on Lawyers.com about choosing a lawyer. Be sure to read the article "Select a Lawyer" which can be found by clicking or going to http://goo.gl/3nG5F I also encourage you to read the articles found at http://goo.gl/pgRAi in the box titled: "Things to know BEFORE you ..." I am sorry for the health challenges you face, and strongly encourage you to pursue this claim. PLEASE NOTE that an in person consultation is always best when you have a legal problem. DO NOT RELY on information for a legal remedy without having contacted a lawyer. Facts and circumstances of every case have to be applied to the law that is relevant for the state or location in question. NEVER rest on a right or defense you may have. Legal rights are not like wine - they don't improve with age or time. Time limits can completely prohibit recovery. SEEK LEGAL ADVICE IMMEDIATELY. Be sure to visit my website for answers to other Social Security Disability questions.  ... Read More

I am sorry for your fear and encourage you to act quickly. The State you lived in when you were injured should have records at the Court for your settlement.  Hopefully, it will include both the attorney fee and expenses, as those amounts that you paid to get your settlement are not used when calculating the offset.  Also, the State Bar Association where you were injured should have information of the whereabouts of your work comp attorney.  Lawyers.com would be another way to seek that lawyer as well as a simple GOOGLE search. By law, SSA can and will offset your benefits if you received more than "80 percent of your average pre-injury/illness earnings."  For more information, click here.  I recommend that you seek legal counsel and negotiate a monthly payment amount to pay back what you can handle. Good luck.... Read More

It is not necessarily a red flag.  It may be that they want something more current or non-biased.  Either way, don't assume their doctor has read all of your records before you meet.  Keep track of the time that you are with the doctor (often 15 minutes or so), and have an observer with you to verify what was or wasn't done, if allowed.  ... Read More