Social Security Legal Questions

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197 legal [2, *]questions have been posted about social security by real users. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include social security disability. All topics and other states can be accessed in the dropdowns below.
Social Security Questions & Legal Answers - Page 6
Do you have any Social Security questions page 6 and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 197 previously answered Social Security questions.

Recent Legal Answers

How can a disabled person get a replacement SS card without visiting the SS office?

Answered 12 years and 4 months ago by Michael J. Haller, Jr. (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Social Security
The following information is on the website at social security www.ssa.gov  You can replace your Social Security card for free if it is lost or stolen. However, you may not need to get a replacement card. Knowing your Social Security number is what is important. You need a Social Security number to get a job, collect Social Security benefits and receive some government services but you do not often need to show your Social Security card. If you decide that a card is necessary, go to this link https://faq.ssa.gov/ics/support/kbanswer.asp?deptID=34019&task=knowledge&questionID=1944  The Social Security Administration has set forth simple, detailed instructions to follow.  Any originals that you submit by mail will be returned. PLEASE NOTE the following: An attorney-client relationship is not being established because of the information provided above; 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; TO SEEK LEGAL ADVICE IMMEDIATELY go to http://goo.gl/cf1UM to find someone in your state.  Be sure to visit my website for answers to other Social Security Disability questions. http://haller-law.com/faq  ... Read Answer
The following information is on the website at social security www.ssa.gov  You can replace your Social Security card for free if it is lost or... Read Answer

what will happen if the law became involved?

Answered 12 years and 7 months ago by attorney Diana L. Anderson   |   1 Answer   |  Legal Topics: Social Security
You indicated his parents are his trustee, not his guardian.  If he is receiving SSI - then maybe his parents are his representative payees, and he can always change that.  If he is competent and able to make his own decisions, then he needs to be allowed to go.  If he is not, then his parents can step in.... Read Answer
You indicated his parents are his trustee, not his guardian.  If he is receiving SSI - then maybe his parents are his representative payees, and... Read Answer

I applyed for social security benifits and was denied what can i do next

Answered 12 years and 9 months ago by Mr. Richard Alan Alsobrook (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Social Security
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You do not mention at what stage of the process you were denied benefits.  Therefore, I cannot give you any insight into what your options are.  The Social Security Administration usually sends letters detailing what your options are should you be unhappy with the conclusions of the agency.  You need to read over any letters sent to you from the SSA.  You may want to consult a local disability attorney because a local attorney can review your case and assist in any appeals and/or hearings.  SSI and SSD cases before an ALJ or appeals can be nuanced and an experienced attorney may be able to increase your likelihood of success.  Most disability attorneys offer a free initial consultations. This is not intended to be legal advice, and is general in its nature. No attorney-client relationship exists or is formed by this information. Furthermore, this does not represent the views or opinions of LexisNexis or its affiliated companies.... Read Answer
You do not mention at what stage of the process you were denied benefits.  Therefore, I cannot give you any insight into what your options are.... Read Answer

social security disability

Answered 12 years and 10 months ago by attorney Diana L. Anderson   |   1 Answer   |  Legal Topics: Social Security
I think you are talking about Social Security Disability, not Social Security.  If you are found to be disabled and eligible to receive SSD, that has nothing to do with a CDL which is issued by the state in which you live.   
I think you are talking about Social Security Disability, not Social Security.  If you are found to be disabled and eligible to receive SSD,... Read Answer

I hacked i site

Answered 12 years and 11 months ago by attorney Diana L. Anderson   |   1 Answer   |  Legal Topics: Social Security
Whether or not you are under age 18 is irrelevant.  If you did something illegal in accessing their site, they could potentially charge you as a violation of a federal statute.  If you are in New Jersey and the company is in New York, it becomes a federal crime as opposed to a state crime because the parties are in different states. there is a specific division within the FBI that was created to address this type of crime, and unauthorized access to a protected site is a crime.  The potential claim against you is going to depend on what type of site you hacked. ... Read Answer
Whether or not you are under age 18 is irrelevant.  If you did something illegal in accessing their site, they could potentially charge you as a... Read Answer

How come someone cant get an atty to represent them if they owe back child support and has applied for social security disability?

Answered 12 years and 11 months ago by Mr. James R. Linehan (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Social Security
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Yes that is true.  If your friend owes any state or federal debts (child support, taxes, student loans, etc) he will not likely find any representation.  That is because the government will basically take money out of the representative's pocket to pay off those personal debts of your friend. Fair or not this is the way it is; the government demands that your friend pay off his debts first otherwise he will find it very difficult or impossible to find help on his SSA claim.... Read Answer
Yes that is true.  If your friend owes any state or federal debts (child support, taxes, student loans, etc) he will not likely find any... Read Answer

suspension of social security benefits

Answered 13 years ago by Michael J. Haller, Jr. (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Social Security
No suit as you have described to my knowledge.  It is the law of the land and it sounds as though it has been properly applied to your circumstances. I respectfully decline your invitation to join in your challenge of SSA.
No suit as you have described to my knowledge.  It is the law of the land and it sounds as though it has been properly applied to your... Read Answer

Hadpart of my foot amputated Im on ssi am I eligible for more benefits?

Answered 13 years ago by Michael J. Haller, Jr. (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Social Security
If your benefits only are Supplemental Security Income, more benefits from Social Security Administration are not available. However, it would be important to check on any State or County benefits in your state.  You may wish to call 211 or go to Link
If your benefits only are Supplemental Security Income, more benefits from Social Security Administration are not available. However, it would be... Read Answer
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Dad has no credits so he has no survivor benefits for his child  
Dad has no credits so he has no survivor benefits for his child  

survivor benefits

Answered 13 years and a month ago by Philip R Fabrizio (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Social Security
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Does not matter how many wives or kids.  As long as kids are under 18 (and decedent paid enough money from his pay checks to qualify for SS) they all get the same amount.    Widows don't qualify for anything unless they are retirement age or between 50 and 60 and disabled.  Young widows don't get social security, but the kids under 18 do.  ... Read Answer
Does not matter how many wives or kids.  As long as kids are under 18 (and decedent paid enough money from his pay checks to qualify for... Read Answer

mY HUSBAND DIED IN A FATAL ACCIDENT

Answered 13 years and a month ago by Philip R Fabrizio (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Social Security
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A widow can get disability benefits after age 50 and retirement benefits after 62.  Children can get benefits until they are 18, or longer if they are disabled.  
A widow can get disability benefits after age 50 and retirement benefits after 62.  Children can get benefits until they are 18, or longer if... Read Answer

what si normal retirement age

Answered 13 years and a month ago by Michael J. Haller, Jr. (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Social Security
Don't you mean "full retirement age."  Re-read the document as it is important to your benefits.  The Social Security Administration website says this: "Full retirement age is the age at which a person may first become entitled to full or unreduced retirement benefits."  Based upon the year of your birth go to this link to determine your full retirement age.... Read Answer
Don't you mean "full retirement age."  Re-read the document as it is important to your benefits.  The Social Security Administration... Read Answer

i want to get remarried but will i lose my ssi

Answered 13 years and a month ago by Michael J. Haller, Jr. (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Social Security
By definition, SSI (Supplemental Security Income) benefits are based on assets.   The facts of each case are different.  The income and resources of the person you intend to marry will likely have an effect on your benefits.  Consulting with someone in your area is recommended to know for sure.  Click here to find someone near you.... Read Answer
By definition, SSI (Supplemental Security Income) benefits are based on assets.   The facts of each case are different.  The income... Read Answer
In the situation you describe, an attorney may be a wise choice.  Go to the top of this page and choose "Find a Lawyer" for someone nearby.  This link may provide helpful information from SSA's website about applying for Social Security Survivor Benefits. Unfortunately, these benefits can not be applied for online.... Read Answer
In the situation you describe, an attorney may be a wise choice.  Go to the top of this page and choose "Find a Lawyer" for someone... Read Answer
Yes, in certain circumstances.  Contact the your local SSA office by clicking this link.
Yes, in certain circumstances.  Contact the your local SSA office by clicking this link.

I am receiving social security

Answered 13 years and a month ago by Michael J. Haller, Jr. (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Social Security
If you don't meet the definition of widow(er) you are not going to be eligible. See this link for SSA's description.
If you don't meet the definition of widow(er) you are not going to be eligible. See this link for SSA's description.

Social Security

Answered 13 years and a month ago by Michael J. Haller, Jr. (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Social Security
Anytime you have hired an attorney, you should report to them or their supervisor if you are not completely satisfied with the service you have received.  I recommend that as your first step. If your hearing has been held and you don't have a decision, do what I have suggested above and wait for the decision.  If it is favorable, you worried for nothing.  If not, you have options.... Read Answer
Anytime you have hired an attorney, you should report to them or their supervisor if you are not completely satisfied with the service you have... Read Answer

may i try to work on disability without getting taken off of it?

Answered 13 years and a month ago by Michael J. Haller, Jr. (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Social Security
What does your doctor say?  Have you discussed this with her/him?  If the answer is yes, make sure the doctor tells you how much "part time work" to try, if any.  If the doctor advises against not working, you have your answer. Earnings may affect your benefits if you are receiving SSI benefits.  In addition, if the wages for your part time work rise to a certain level, SSA will count the month as a trial work period month.   You must report any work activity once you begin to your local social securityoffice.  Document your reporting and do it in writing if possible.... Read Answer
What does your doctor say?  Have you discussed this with her/him?  If the answer is yes, make sure the doctor tells you how much "part time... Read Answer

need ss disabilty

Answered 13 years and a month ago by Michael J. Haller, Jr. (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Social Security
There are two types of disability benefits available from the Social Security Administration: Social Security Disability Insurance (SSDI) (Title I2) - this is the one you have been told you are not eligible for.  If your disability began after your eligibility for these benefits are expired, you are out of luck. Supplemental Security Income (SSI) (Title 16) - you may be eligible for this disability benefit if you meet the "asset requirements." Contact or go to your local office to determine if you are eligible.  ... Read Answer
There are two types of disability benefits available from the Social Security Administration: Social Security Disability Insurance (SSDI) (Title... Read Answer

i have not worked in 2 years i have been in drug rehab. and halfway houses i have looking for work ive exhausted all my funds

Answered 13 years and a month ago by Michael J. Haller, Jr. (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Social Security
You must have a medical condition that keeps you from working for 12 months or more (or is expected to keep you from working for 12 months or more).  Please review this link so that you will see how SSA will analyze whether you are disabled. Click the "Find a Lawyer" link at the top of this page for assistance from someone nearby. Click here to apply securely online at the SSA website if you choose.... Read Answer
You must have a medical condition that keeps you from working for 12 months or more (or is expected to keep you from working for 12 months or more).... Read Answer

what is the fee for lawyer on social security claim that is won?

Answered 13 years and a month ago by Michael J. Haller, Jr. (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Social Security
A fee agreement will be required for the lawyer to be paid.  The lawyer payment is based on your past due benefits.  Currently, the amount of the fee is 25% of the past due benefits or $6,000 whichever is less.  The fee may not exceed $6,000. If a lawyer chooses the fee petition process, it is still 25% of the past due benefits and may exceed $6,000. Some attorneys use a two-tiered agreement that combines the ideas.   Make sure that you carefully read .the fee agreement and have the attorney explain it fully so that you completely understand even if it takes more than once.  This agreement is very important and the basis for your working relationship with your lawyer.... Read Answer
A fee agreement will be required for the lawyer to be paid.  The lawyer payment is based on your past due benefits.  Currently, the amount... Read Answer

Need a attorny to change my social security number

Answered 13 years and a month ago by Philip R Fabrizio (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Social Security
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They don't issue new SS numbers unless there is a compelling need.  I don't think they will do it for you.  Go to a local SS office and ask them.  See what they say.
They don't issue new SS numbers unless there is a compelling need.  I don't think they will do it for you.  Go to a local SS office and ask... Read Answer
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If it is Supplemental Security Income...SSI.... getting the money will knock her off.  The needs trust is the way to go
If it is Supplemental Security Income...SSI.... getting the money will knock her off.  The needs trust is the way to go

Can My mom collect social security for past years that my father was deceased and she was not given social security money?

Answered 13 years and 2 months ago by Philip R Fabrizio (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Social Security
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She would have to of been disabled.. A widow between 50 and 62 who was married to deceased for 10 years and is disabled can collect disabled wiows benefits.  you can't collect until you are at retirement age unless you are disabled. 
She would have to of been disabled.. A widow between 50 and 62 who was married to deceased for 10 years and is disabled can collect disabled wiows... Read Answer

do all lawyers have the lic to take social sucurity to federal court

Answered 13 years and 2 months ago by Mr. James R. Linehan (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Social Security
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There is no license or requirement to be an attorney to ge to federal court on a SSA appeal.  Many many claimants do their own federal court appeals and successfully. Each federal court has their own rules, each are different form each other.  You will need to first determine which federal court you are in, read their local rules and then follow their local rules as to the appeal process.... Read Answer
There is no license or requirement to be an attorney to ge to federal court on a SSA appeal.  Many many claimants do their own federal court... Read Answer