Ohio Social Security Disability Legal Questions

A separate POA expires by operation of law when the grantor dies.  You POA is invalid for anything. However, if you are jointly on the acciunt, then technically the money is yours.  The devil is in the details. The money left in the account, if the account is only in the deceased's name. has to go through probate. Unless you are jointly on the account, you have no responsibility.... Read More

If, and this is a big if, you are under ongoing active medical care for your seizures and skin cancer, and I do not mean treatmnet at a local clinic, but with a neurologist and an oncologist, then you could consider applying for SSI benefits You would also want to obtain your prison medical records to file as part of your claim along with the complete office charts/records of all medical provider of all type that you have seen since your release.  You would need to remain under active medical care. There exists in the regional economy many unskilled entry level jobs that do not require any existing skills.  Depending on your age -- if you are under 50 -- this could be an issue.... Read More

There are 2 types of Social Security disability: Disability Insurance Benefits (DIB) based upon your earning record and Supplemental Security Income (SSI) based upon Federal poverty guidelines. DIB requires that you have earned 20 quaters of credit over the past 40 quaters.  SSA is telling you that you do not meet this requirement.  You can ask SSA for a copy of your earnings record to check.  As for SSI, your total household income is applied to the Federal poverty tables to determine eligibility.  The medical requirement is the same for DIB & SSI. SSA turns almost everyone down.  You need to file for reconsideration and potentially a hearing when reconsideration is denied. You may qualify for SSD benefitsbased upon the severity of your inability to use a prosthesis.  This is called a "Listing." Regardless, you have appear to have a few hurdles in front of you and likely need legal assistance.  When and if you hire an attorney, make sure that you hire a local attorney who is well versed with these issues.... Read More

File for Social Security disability.  Do so online -- SSD Online. Right now, a SSD claim can take over 2 years to process.  SSA processes based upon the order in which the claim is filed.  every day that you wait puts you another day behind. If SSA denies your claim, then immediately retain counsel and file an appeal.  If you are in Southwest Ohio, then we can help.... Read More

You need to formally request to be the sole payee. When that is denied, you will have to file for reconsideration and eventually for a hearing with a SSA judge.  You will need to present evience that you are capable of managing your own funds.  This process can take 2 years or longer.... Read More

We do not deal with SERS simply because we are in Cincinnati and SERS is in Columbus. I recommend that you contact the Columbus Bar Association for a referral to an attorney who deals with SERS.  You could also contact the Ohio Association for Justice -- also HQ'd in Columbus -- for a referral.... Read More

I am answering on the premise that you have applied for assistance and have been denied. Try the following: Many local bar associations have pro bono programs that can assist at no cost. Legal Aid organizations may provide assistance. Social service agencies, i.e., Red Cross, etc., may be able to help. You mayalso want to speak directly with the local office of Jobs and Family Services as there may be an Ombusman or similar person that can help navigate the system.... Read More

Go to www.ssa.gov and apply for disability benefits. While you can use the 10-11-2011 onset date, SSA can only pay going 1 year back from the date you apply. As long as you have been earning under $1000/month -- PRE-TAX -- your part time employment is not an issue. LTD is not an issue. You are eligible for Medicare 30 months after whatever onset date is determined.... Read More

Under SSD rules, your lawyer is entitled to be paid for the time spent working on your case.  Since you were granted benefits, he is eligible to receive his full contingent fee of the lesser of 25% or $6,000 from your accrued benefits -- back pay.  You will get a letter from SSA telling you how to dispute the fee. If he will not give you your complete original file, then call the Bar Association and ask to speak with Bar Counsel.... Read More

If you are reciving SSD Disability Income Benefits -- DIB --  based upon your earnings record, then the lottery money will have no impact. If you are receiving SSI Supplemental Security Income Benefits, then you will lose your SSI money and Medicaid until you produce proof to SSA that you have "spent" the lottery winnings.... Read More

Under Ohio law, you have the absolute right to fire your attorney for any reason or for no reason at all. Simply send your attorney a discharge letter and demand that your complete original file be given to you. Your attorney may assert a claim for fee for the work performed.  There are certain rules for demanding such fees. In your letter, give your attorney a 7-10 day time frame to comply.  If he does not do so, then call your local bar association and file a complaint.  Sometimes the local bar counsel, upon receipt of a complaint, may intercede to get the issue resolved.... Read More

Supplemental Security Income -- SSI -- is based upon the Federal poverty household income rates.  Your income, if high enough, may disqualify your wife from SSI benefits. If you wife has worked at least 20 of the previous 40 calendar quarters prior to becoming disabled, she would be eligible for Disability Insurance Benefits -- DIB -- based upon her earnings record.  Household income does not affect DIB entitlement. Your wife can go to www.ssa.gov and open a My Social Security account to verify her earnings record.... Read More

This is what it says in answer to that question on SSA’s website http://www.socialsecurity.gov/pubs/10024.html:      Some people who get Social Security will have to pay taxes on their benefits. Less than one-third of our current beneficiaries pay taxes on their benefits.       You will have to pay taxes on your benefits if you file a federal tax return as an “individual” and your total income is more than $25,000. If you file a joint return, you will have to pay taxes if you and your spouse have a total income that is more than $32,000.      For more information call the Internal Revenue Service’s toll-free number, 1-800-829-3676. For a more complete article see  Are My Social Security Disability Benefits Taxable? on my website.... Read More

"Disabled" is defined by the Social Security Administration as a physical or mental impairment that lasts 12 months or longer or will result in death.  Additionally, a person who is "disabled" may not engage in "substantial gainful activity".  This basically means that, in 2012, if a person is able to earn a gross of $1,010 per month, then the person may not be considered "disabled".(http://www.socialsecurity.gov/OACT/COLA/sga.html) It is possible that a depressive disorder and fibromyalgia may render you "disabled" according to the Administration.  You can review the disability rules at the their website or you can visit your local Social Security office. http://www.socialsecurity.gov/pgm/disability.htm If you are denied and you disagree, you are entitled to appeal. This response is general in nature and is not legal advice. No attorney client relationship is formed by it. Further, the response does not represent the opinions or views of LexisNexis or its affiliates companies. You may wish to consult an attorney for specific legal advice. Best wishes.  ... Read More

The Social Security Administration has a user-friendly website that may help you with your questions (www.socialsecurity.gov), but I will also try to provide some information here.  To qualify for Social Security Disability Insurance (SSD or SSDI), you must first be disabled according to Social Security rules.  If you are disabled, then you must also have enough work credits.  Generally, you need 40 credits, 20 of which were earned in the last 10 years ending with the year you become disabled, however, this depends on your age when you became disabled.  If you did not pay Social Security taxes, then you may not have enough credits to qualify for SSD.  Social Security now allows you to view your Social Security statement online, which will tell you the number of credits you have earned and estimate your SSD benefits.  http://www.ssa.gov/mystatement/ If you do meet Social Security's disability standard, but do not have enough creditors for SSD, then you may be eligible for Supplemental Security Income (SSI). You can contact Social Security at 1-800-772-1213 to discuss your options.  You can apply for SSD and SSI by visiting your local Social Security office in-person or applying online.  If you are denied, you may wish to consult an attorney who can advise you on your appeal rights. Best Wishes. This response is general in nature and is not legal advice. No attorney client relationship is formed by it. Further, the response does not represent the opinions or views of LexisNexis or its affiliates companies. You may wish to consult an attorney for specific legal advice.... Read More

To receive Social Security Disability you need to have worked 5 of the 10 years before you became disabled. It may be true, but the only way to know for sure is to contact your local office of SSA.  It's difficult to tell based upon the information provided.  Certainly, those that have worked as a self-employed individual can be eligible, each case is different. You also may be eligible for SSI (Supplemental Security Income).  More info is available here.... Read More

I am very sorry for you, your mother, your family, and your father concerning his terminal illness.  This is a very difficult time for you.  The good news is the approval on both the Disability and the Medicaid.  This will free you to spend your time with your dad, to be present to him, and not worried about the applications and appeals. You will be receiving multiple letters concerning each of these benefits answering your questions completely.  Often, benefits are paid by SSA and the letter explaining it doesn't arrive until several days, or even a week, after the money did.  Because of the serious nature of your father's condition, I would anticipate that all will go through quickly. I wish I could tell you that mom gets all the back pay and Medicaid gets none, and the Nursing Home liability will go to zero, but I just don't have enough facts.  Time will tell, and rules and regulations written long before your father's illness became disabling will determine the outcome. Because I practice in a different state, I think it best for you to contact a local attorney to address the specific facts of your father's particular situation if you still have questions, or need answers sooner. ... Read More