Social Security Disability Legal Questions

If you have medical documentation to support your son's diagnosis, we would strongly suggest that you apply for either SSDI or SSI.  Depending on his work history, credits etc will determine if he meets the standard for work credentials.    Feel free to call our office at 855-254-7841 with any additional questions.         ... Read More

If you've been denied you have 60 days from the date of the denail to file an appeal.  My office would be happy to assist with that.    Sincerely,   Scott F. Bocchio, Esq President Legal Rights Advocates P 855-254-7841 www.yourlegalrightsadvocates.com  ... Read More

In 2020 the SSI benefit is $783.  Some states add to that.  All must substract from that for earnings, gifts and food and shelter which other people provide. You can discuss this with the local Social Security field office or, if you cannot get to a field office, call the 800 number.... Read More

For SSDI, other income is not considered. For SSI, irregular income, such as casino winnings, is not considered in the month it is received.  If you, for example, contribute it to an ABLE Account before the end of the month, it will also not be considered in the following month.  You will still have direct access to the money.  See www.stable.org.  ... Read More

If you are going to a hearing before an administrative law judge, you should be represented by an attorney.  That attorney may be able to recommend a physician.  To find an attorney near you, please see the website of the National Organization of Social Security Claimants' Representatives.... Read More

We can send along an expedite form to see if we can move it along.  Are you on the transplant list?  It comes down to the severity of your disease.  If serious in nature, they may speed up the process.    Attorney Scott F. Bocchio Legal Rights Advocates   ... Read More

Your son may be eligible for Supplemental Security Income (SSI) but to have him collect Social Security Disability Income (SSDI) based on your work record when you retire, after you die or when you become disabled, you would have had to have applied before he was 22 with evidence that he was disabled before and after 18.... Read More

You can apply online at www.ssa.gov.  You can ask for a reconsideration and for a redetermination yourself.  You only need a lawyer for the next level of appeal, before an administrative law judge.  You can find one through the National Organization of Social Security Claimants' Representatives. If, however, as your description appears to indicate, you hope for your daughter to receive Social Security Disability Income based on your work record, you are too late.  It is available to people disabled before and after 18 whose parents apply on their behalf before age 22. Your daughter continues to be eligible for Social Security Disability Income based on her work record and/or for Supplemental Security Income. If she will receive Supplemental Security Income and have other income, you may want to establish a supplemental needs trust to protect that benefit or open an account for her at a master pooled spupplemental needs trust.  Lawyers specializing in this can be found through the Speical Needs Alliance or by using the Find a Lawyer function on the website of the National Academy of Elder and Special Needs Law Attorneys (www.naela.org)... Read More

If your have a loan agreement and a promissory note with a mortgage recorded in the county deed records, your loan will be repaid out of the proceeds of the sale.  If your sister then has no more than $2,000,she will continue to qualify for SSI.  Since she may have more, she may want to consult with a local elder and special needs lawyer about putting the house (and thus, later, the money from its sale) in a special needs trust.  The viability of this approach varies partly by county.  She can find a local attorney who specializes in this area through the Special Needs Alliance or by using the Find a Lawyer function on the website of the National Academy of Elder and Special Needs Law Attorneys (www.naela.org).... Read More

You can apply online yourself at www.ssa.gov.  If the application is denied, you can apply for reconsideration yourself.  If that is denied, you can apply for redetermination yourself.  If that is denied, you can find an attorney using the website of the National Organization of Social Security Claimants' Representatives and appeal to an administrative law judge. Please keep in mind that Social Security Disability Income is based on work record while Supplemental Security Income is not.  Both are based not on a diagnosis but on a functional inability to work for at least 12 months.  If this is true of your daughter, document, document, document.  Be polite and persistent.  ... Read More

Eligibility for either Supplemental Security Income (SSI) or Social Security Disability Income (SSDI) is based not on medical diagnosis but on funcational ability as reported by both you and your doctors.  You can apply online at www.ssa.gov.  You can ask for a reconsideration and, if needed, a redetermination yourself.  If you find that you must go before an administrative law judge (the third level of appeal), you may hire a lawyer who will be paid out of the proceeds if you win and nothing if you do not.  To find one see the website of the National Organization of Social Security Claimants' Representatives.... Read More

You would call the attorney or local SSDI office and ask them if you were to receive back pay.  This is determined based on a number factors including your Original Onset Date of Disability under the law.    Attorney Scott F. Bocchio Legal Rights Advocates P 855-254-7841 www.yourlegalrightsadvocates.com     ... Read More