Social Security Legal Questions

The answer is in the wording or the terms of your disability policy which is your "contract" with MetLife. Most LTD policies do provide for some type of repayment if you begin receiving SSD. For instance, a recent policy I reviewed wanted, as a condition of payment, an agreement from the disabled worker that he would deposit and hold any retroactive benefits check received from SSD to be used to pay any long term disability benefits "advanced" in a lump sum. Your policy probably has similar wording.... Read Answer

You need to file the appeal yourself.  Look on the paperwork you received from the overpayment and there will be directions on how to file an appeal or request a waiver.  You have to do that within a specific time frame so make sure that you aren't too late.  Indicate that it would be a hardship for you to pay and that your work was temporary (if is was) and that you won't be paid again.  ... Read Answer

SSA is based on your work history for a certain number of years beofre you retire.  Unless ou work more, you will not be entitled to more Social Security.  you may be entitled to additional SSI benefits because that is needs based.  You should go to your local Social Security Office and discuss this with a benefits counselor.  ... Read Answer

The next step is to file an appeal. However, please be advised that you only have 60 days from the date of the denial in which to do so. When you file the appeal, you will receive a CD with all of your son’s medical evidence on it; part of that evidence will be the report from the psychologist that evaluated your son. On appeal, it is important to collect medical evidence showing your son’s condition, as well as a statement from your son’s treating doctors regarding his limitations and abilities.... Read Answer

Yes -- depending upon the severity of your symptoms and how well your doctors support your case. File now.  Go to www.ssa.gov and apply on-line.  This is the fastest way to apply. The process can easily take in excess of 2 years and longer. SSA processes claims in the order received, so every day you wait means that more people are ahead of you in line. Make sure that you stay under active care for all of your conditions.  Make sure that you are seeing specialists and not just a family doctor. When you get a denial letter, feel free to call me for further advice.... Read Answer

SSDI -- correctly called Disability Insurance Benefits (DIB) -- is not impacted by your asserts or passive income. At age 65, DIB converts to regualr SS retirement. There should not be any issues with the payout. If you are on Supplemental Security Income (SSI), then there would be a diisqualification issue pending spending down the payout.... Read Answer

The issue is household income, your income, and who claims the children as exemptions. In your instructions booklet for the 1040EZ, 1040A, or 1040, there is a worksheet that will walk you through the calculations.  More likely than not, the benefits will not be taxable.  However, to be on the safe side, you should take a few minutes and do the math.... Read Answer

Based upon your inquiry, the money is the funds due to your daughter as a minor dependent child of her father.  If your duaghter is still a minor, then you are the custodian of those funds for her benefit.  This is a very nebulous term.  The money should be held in a separate account and you should keep a record as to how the funds are spent -- keep receipts.  When your daughter turns 18, the funds are hers with no restrictions. As long as the funds are spent for her benefit and well-being, there are no restrictions.  These funds have nothing to do with disability and are akin to child support.... Read Answer

You can request copies of your old tax returns from the IRS.  go to the IRS website - there are forms you will need to fill out requesting a copy of an old return or returns.  You may need to make an apointment with your local Social Security Adminsintration office and physically take the ftaxx returns to the office in order to get your Social Security corrected.... Read Answer

This isn't really something a lawyer can help you with.  I think you would be better off trying some different things, if you haven't already.  There are some really good websites listing the things that you should do if you are the victim of identity theft.  there are also companies that will help you secure your identity, for a fee.  That would be a better use of your money then hiring an attorney, unless you know the person that stole your identity. ... Read Answer

You may be entitled to receive either SSDI or SSI benefits from the Social Security Administration but it is difficult to make that determination without gathering all the facts of the case.  We would be happy to speak to you in more detail. Please call me for a FREE consultation at (877)817-4127. Please view our website for more information: http://workerscompfl.net/services/workers-compensation Sincerely, Lyle B. Masnikoff, Esq.Law Offices of Lyle B. Masnikoff & Associates, P.A.1645 Palm Beach Lakes Blvd. Suite 550West Palm Beach, FL 33401Phone: (561)598-7120Fax: (561)598-7127Website: www.workerscompfl.net Email: lmasnikoff@workerscompfl.net Offices also located in Fort Lauderdale and Orlando. The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before you decide, ask us to send you full written information about our qualifications and experience.... Read Answer

Dear Anonymous, The overpayment will likely remain at its current amount, but you can ask that it be repaid in very small monthly amounts. In some cases, they will accept as little as $25 per month in a repayment plan. However, if you enter into a plan with them, you MUST remain current in your payments or it will void your payment plan and they will request repayment in full within 30 days. Your unemployment status does not change the amount of the Social Security benefits you received. This response does not form an attorney-client relationship, nor should it replace a full consultation with an attorney. Please be advised we cannot give full and complete legal advice without further information that is not capable of being conveyed in this format. If you would like to receive a free consultation regarding your possible legal matter, please feel free to call us at 855-234-7619.... Read Answer

Dear Ms. Flores, No claimant is eligible to receive back pay for those months in which they are engaged in what the SSA refers to  as "Substantial Gainful Activity" -- which means months in which your father earned more than very minimal wages. You can access the chart for wage thresholds on the ssa.gov website. If your father earned enough to be paying taxes, then he was likely gainfully employed by their standard. This response does not form an attorney-client relationship, nor should it replace a full consultation with an attorney. Please be advised we cannot give full and complete legal advice without further information that is not capable of being conveyed in this format. If you would like to receive a free consultation regarding your possible legal matter, please feel free to call us at 855-234-7619.... Read Answer

It is not clear why you need a lawyer. You indicate you are on Social Security but you have appealed the decision. If you are on Social Security, then why do you need a lawyer. You would need to provide more information about your current dispute. Most lawyers take Social Security cases on a percentage basis. This means if they win their fee is 25% of the benefits they win for you. However, if you are already on Social Security, it is unclear what you are trying to do and what you can win. This is probably why no lawyer will take your case. ... Read Answer