Social Security Legal Questions

It sounds like she turned an exempt asset, her house, into a countable asset, money in the bank.  This will make her ineligible for SSI or Medi-Cal.  She may be able to create a Medi-Cal asset protection trust or some other type of planning that makes her eligibel for benefits.  Call or email an attorney for a full consultation.... Read Answer

Medicare is available to persons age 65 and over by signing up so long as you have paid into the Medicare system. Medi-Cal is a needs-based program that requires you qualify for benefits.  There are multiple ways for you to qualify, depending on your situation.  Contact an attorney to help you with applying for Medi-Cal.... Read Answer

Did you make an appointment?  I would call the local office and make an appointment.  You can also schedule an appointment on line if you have set up a Social Security Acocunt on line.  Make an appointment and sit and talk to one of the representatives.  You might not be getting what you deserve !  God luck !... Read Answer

It all depends. If you are under the care of a psychiatrist or psychologist who opines you are "disabled" and cannot function in a work environment then you have a chance of getting SSI (welfare disability). Social Security also considers if your condition is so severe that it has required numerous hospitalizations. On the other hand, if your conditon can be treated with medications and counseling, then you may not be able to get SSI if you can still do simple unskilled work in a non-stressful environment.    I base this opinion on 35 years of representing Social Security Disability and SSI claimants before the Social Security Administration. ... Read Answer

At 28 it can be very difficult to get disability if you retain the capacity to do any kind of work. Even if you have epilepsy that is not necessarily disablling if the spells are under control  by medication. In order to start a claim for SSI, you go to ssa.gov and complete the paperwork there that is requested. If your case is turned down, then you will want to contact a lawyer. You will need medical evidence supporting your contention that you cannot work. ... Read Answer

I don't know how your mother's granddaughter would be entitled to Social Security benefits.  Even if your mother was her guardian, the child's mother is still alive, and the child would not be entitled to benefits from her grandmother.  If she were entitled, then there would not be any way to stop that benefit, but without more information, it is hard to tell why she would be entitled to her benefits. ... Read Answer

Its gong to be really difficult to undo the choices your father made on his retirement. If your father has already passed away, that choice of allowing the benefits to go to your step mother is done and can't be changed.  The good news is that your mother will still be able to get some of the Social Security benefit because she was married for more than 10 years.  ... Read Answer

That is incorrect.  If you were married for at least 10 years prior to his death, you are entitled to his benefits.  If you did not live with him prior to his death, you are not entitled to make a claim for any portion of his estate, but you still get Socal Security benefits. ... Read Answer

The question is "how much are you netting from the settlement?" You should discuss this with your PI attorney.  if the amount is large, then you may wish to consider a Special Needs trust.  This shelters your money, but if there is money still in the trust when you die, the State may be able to sieze the funds. If the amount is small, then if the funds are paid to you early in the month, then you may be able to spend them down fast enough to preserve your SSI and Medicaid. These are issues that a good PI attorney can address with you.  My guess is that Mediaid may have paid some or all of your bills for the accident, so your attorney is already dealing with the Medicaid statutory lien.  This is all part and parcel of the same "can of worms," Make an appointment to meet with your PI attorney and do not sign the final settlement papers until these issues are resolved.... Read Answer