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 7
Do you have any Social Security questions page 7 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 long does it usually take to receive disability from start to finish?

Answered 13 years and 2 months ago by Philip R Fabrizio (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Social Security
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Answering your question without more information is impossible. If he has applied and been denied recently and then requested a hearing before an ALJ, he is looking at about a year to receive a new Decision.  Of course there are no guarantees that he will be successful.   He needs to go to his nearest Social Security office and ask them to look up his file.  He should have an attorney representing him as well.... Read Answer
Answering your question without more information is impossible. If he has applied and been denied recently and then requested a hearing... Read Answer

Am I eligible for disability?

Answered 13 years and 3 months ago by Philip R Fabrizio (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Social Security
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You must be unable to perform substantial gainful employment.  In other words, the SSA is going to examine whether or not you are able to work at a job.  That is the basis for Social Security Disability in a nutshell.
You must be unable to perform substantial gainful employment.  In other words, the SSA is going to examine whether or not you are able to work... Read Answer

i want to draw my ssi lawyer

Answered 13 years and 3 months ago by attorney Diana L. Anderson   |   1 Answer   |  Legal Topics: Social Security
I'm not really sure form the information you providied what your question is.  Did you use a lawyer to apply for benefits?  Usually that would be SSD or Social Security Disability not SSI which is Supplemental Security Income which is usually given to raise people up to the poverty limits. ... Read Answer
I'm not really sure form the information you providied what your question is.  Did you use a lawyer to apply for benefits?  Usually that... Read Answer

Social security retirement

Answered 13 years and 3 months ago by attorney Astrid de Parry   |   1 Answer   |  Legal Topics: Social Security
You need to meet with a public benefits attorney (Social Security). Astrid de Parry, P.A. (386) 736-1223
You need to meet with a public benefits attorney (Social Security). Astrid de Parry, P.A. (386) 736-1223

Can my children draw SS benefits due to extreme ADHD ?

Answered 13 years and 4 months ago by attorney Mr. Lee P. Morgan   |   1 Answer   |  Legal Topics: Social Security
Children can certainly qualify for disability benefits due to extreme ADHD.  My firm has handled hundreds of these cases over the years. ADHD is evaluated by the Social Security Administration under Listing 112.11.  To meet the requirements of the listing, the child's condition must be manifested by innappropriate degrees of inattention, impulsiveness, and hyperactivity.  There must be medically documented findings of "marked inattention", "marked impulsiveness", and "marked hyperactivity".  In addition, in most cases there must be evidence of at least two of the following:                                                        a.  Marked impairment in age-appropriate cognitive/communicative function;                              b.  Marked impairment in age-appropriate social functioning; c.  Marked impairment in age-appropriate personal functioning; d.  Marked difficulties in maintaining concentration, persistence, or pace. Since the burden is on the claimant to prove disability, it is very important to have a treating physician who is willing to help document the severity of the child's condition.  I always recommend my clients talk to their child's doctor and ask for help before filing or early in the process.  A good Social Security disability lawyer will have questionaires and interrogatories (written questions) that the doctor can use in documenting the condition. I hope this is helpful. Lee Morgan Morgan & Morgan Athens, Georgia (706) 548-7070 ... Read Answer
Children can certainly qualify for disability benefits due to extreme ADHD.  My firm has handled hundreds of these cases over the years. ADHD... Read Answer

have diebetes,high blood pressure,and found out i have fluid around my heart and lungs,asma and depression do i file a claim?

Answered 13 years and 4 months ago by Philip R Fabrizio (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Social Security
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You can also go to your local Social Security office. That is mandatory in SSI cases.  You can also retain a lawyer to help you.  There is no fee if you are unsuccessful.
You can also go to your local Social Security office. That is mandatory in SSI cases.  You can also retain a lawyer to help you.  There is... Read Answer

Can lawyer help to retrieve my SS records?

Answered 13 years and 4 months ago by Mr. William Leonard Colvin (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Social Security
Should be able to if you execute a release or authorization to allow them to do so - may be that there is a specific form from SSA to complete
Should be able to if you execute a release or authorization to allow them to do so - may be that there is a specific form from SSA to complete

S.S.

Answered 13 years and 5 months ago by Philip R Fabrizio (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Social Security
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don't say something to Social Security that is not true.  You are not married so that is what you should say in the paperwork.  But if anybody supports you your SSI can be reduced.  Go back into the SSA office and give them some proof that your BF moved out and does not support you.  ... Read Answer
don't say something to Social Security that is not true.  You are not married so that is what you should say in the paperwork.  But if... Read Answer

can you opt out of social security?

Answered 13 years and 5 months ago by Philip R Fabrizio (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Social Security
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Never heard of that. seems untrue.
Never heard of that. seems untrue.

How can I qualify for SSDI?

Answered 13 years and 5 months ago by Mr. James R. Linehan (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Social Security
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You must medically prove and inability to do any kind of work that has lasted or is expected to last at least a year.  if you can medically do this you should proceed.  Note there is a deadline on each SSA disability case, you must file before your "date last insured expires". https://plus.google.com/116186901455773329273/posts... Read Answer
You must medically prove and inability to do any kind of work that has lasted or is expected to last at least a year.  if you can medically do... Read Answer

Hello, I am 48 years old and I have been on disability for 3 and a half years now because of a brain tumor.

Answered 13 years and 5 months ago by Penelope A. Boyd (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Social Security
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Socials Security allows trial work periods to see if a recipient is able to re-enter the work force.  It also allows fora earning a certain amount of income while you are receiving benefits.  Small business loans might be difficult, but there are some grants for individuals with disabilities. My suggestion is that you contact your local Center for Independent living for resources.  You can find the listing for your nearest center online.  Good luck.  But be careful not to jeopardize your benefits.... Read Answer
Socials Security allows trial work periods to see if a recipient is able to re-enter the work force.  It also allows fora earning a certain... Read Answer

SSI and Inheritance

Answered 13 years and 5 months ago by Philip R Fabrizio (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Social Security
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Consult an attorney about setting up a "needs trust."
Consult an attorney about setting up a "needs trust."

Can a lawyer help with getting a new social security number?

Answered 13 years and 5 months ago by Mr. James R. Linehan (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Social Security
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You do not need a lawyer for this very simple process.  Simply go online to complete the process here: http://ssa.gov/ssnumber/
You do not need a lawyer for this very simple process.  Simply go online to complete the process here: http://ssa.gov/ssnumber/

How much does the average lawyer charge for this type of service

Answered 13 years and 5 months ago by Philip R Fabrizio (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Social Security
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The fee is governed by federal law.  It can be no more han $6000 or 25%, of back benefits,  which ever is LESS.  So if you had $10,000 coming in back benefits, the attorney fee would be $2500.  If somehow you had $40,000 coming in back benefits, the fee would be $6000, not $10,000..  It is the same rule for all representatives, anywhere in the country.... Read Answer
The fee is governed by federal law.  It can be no more han $6000 or 25%, of back benefits,  which ever is LESS.  So if you had $10,000... Read Answer

Social Security Death Benefits

Answered 13 years and 5 months ago by Philip R Fabrizio (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Social Security
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Get a copy of his earnings.  If he worked more than it shows on the print-out you might be able to get more credits.  But generally this is a situation where either you have the credits or you don't. You can ask SS for a reconsideration if you are still within the time limits on the notice.... Read Answer
Get a copy of his earnings.  If he worked more than it shows on the print-out you might be able to get more credits.  But generally this is... Read Answer

i am on SSI how much can i earn without it changing my monthly income

Answered 13 years and 5 months ago by Mr. James R. Linehan (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Social Security
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Earnings trigger a trial work periodDuring a trial work period, a beneficiary receiving Social Security disability benefits may test his or her ability to work and still be considered disabled. We do not consider services performed during the trial work period as showing that the disability has ended until services have been performed in at least 9 months (not necessarily consecutive) in a rolling 60-month period. In 2012, any month in which earnings exceed $720 is considered a month of services for an individual's trial work period. In 2013, this monthly amount $750.   http://www.ssa.gov/oact/cola/twp.html... Read Answer
Earnings trigger a trial work periodDuring a trial work period, a beneficiary receiving Social Security disability benefits may test his or her... Read Answer

What establishes a legal name

Answered 13 years and 6 months ago by attorney Diana L. Anderson   |   1 Answer   |  Legal Topics: Social Security
You "legal" name is your maiden name if you never changed it with Social Security.  If you look at your credit reports, you will see your married name as "also known as" but if your driver's license, and Social Security card are in your maiden name, that is your legal name. 
You "legal" name is your maiden name if you never changed it with Social Security.  If you look at your credit reports, you will see your... Read Answer

Who can recieve Child Disability Benefits?

Answered 13 years and 6 months ago by Philip R Fabrizio (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Social Security
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I assume you just filed a disability application.  If not, you must file.  Until SSA says you are disabled, you won't receive any benefits. Retro or current.   You have to be found to have been disabled at 21 or earlier to collect under a parent's account.  His death and that he collected retirement would not be important to your case.... Read Answer
I assume you just filed a disability application.  If not, you must file.  Until SSA says you are disabled, you won't receive any... Read Answer

Will I be denied social security benefits because my birth name and the name on my social security do not match?

Answered 13 years and 6 months ago by Mr. James R. Linehan (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Social Security
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Take your original or certified birth certificate to the local SSA office and they will give your the forms etc necessary to correct the problem.
Take your original or certified birth certificate to the local SSA office and they will give your the forms etc necessary to correct the problem.

Why has SS asked me if I have ever been convicted of a felony?

Answered 13 years and 6 months ago by Mr. James R. Linehan (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Social Security
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Because convictions for felonies can results in a suspension of benefits.  http://www.socialsecurity.gov/OP_Home/rulings/oasi/27/SSR83-21-oasi-27.html
Because convictions for felonies can results in a suspension of benefits.... Read Answer

What is the form of identification for mentally disabled adults?

Answered 13 years and 6 months ago by Mr. James R. Linehan (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Social Security
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The USA has no "national ID" system or documents.  Passports are voluntary. Birth certificates and drivers' licenses are not considered as  a national ID and are state issued; not federal.
The USA has no "national ID" system or documents.  Passports are voluntary. Birth certificates and drivers' licenses are not considered as... Read Answer

i been trying to get ssi and they keep delaying it

Answered 13 years and 6 months ago by Mr. James R. Linehan (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Social Security
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The SSA will routinely send you the same and other forms to fill out and submit, over and over.  You must do so.  Failure to do so will result in delay or denial of your claim.
The SSA will routinely send you the same and other forms to fill out and submit, over and over.  You must do so.  Failure to do so will... Read Answer

Social Security when do you have to give it?

Answered 13 years and 6 months ago by Philip R Fabrizio (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Social Security
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I would guess this is for her life insurance policy.  Call the company or her agent and see if it is ok to just put the last four digits of your SSN on it
I would guess this is for her life insurance policy.  Call the company or her agent and see if it is ok to just put the last four digits of your... Read Answer

am i still qualified for social security benefit

Answered 13 years and 6 months ago by attorney Diana L. Anderson   |   1 Answer   |  Legal Topics: Social Security
You may qualify for Social Security Disability or SSD.  The application can be done on line but you must then supply the proper doctor's reports and information. you may also have to submit to an examination by another doctor.  The disability must be one that prevents you from working, not just from some work, but from being able to work at all. Call my office if you need assistance.  ... Read Answer
You may qualify for Social Security Disability or SSD.  The application can be done on line but you must then supply the proper doctor's reports... Read Answer

if mother isnt giving me my social security what can i do about it?

Answered 13 years and 6 months ago by Philip R Fabrizio (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Social Security
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How old are you? Is your mom receiving SSI or SSD?  My guess is that you are under 18, and your mom receives SSD....  If that is so then your legal guardian should receive the check. You can go to your local Social Security office with your legal guardian and speak with them.... Read Answer
How old are you? Is your mom receiving SSI or SSD?  My guess is that you are under 18, and your mom receives SSD....  If that is... Read Answer