Social Security Legal Questions

I am sorry to hear of your fiancee's passing.  There are a lot of issues here, and the best way to resolve this is to contact the Social Security Administration.  If your child is denied, and you think it is incorrect, you can file an appeal. It is very important that you apply, and if wrongfully denied, that you appeal, right away because your child may be missing out on important benefits. I am going to assume that your fiancee is the natural (biological) parent of your child.  A child under 18, a child who is under 19 and still attending full-time elementary or secondary school, or a child disabled prior to the age of 22 are all entitled to Social Security survivor benefits based on a deceased's parents' work history.  The child must be single. The number of credits needed to provide benefits for survivors depends on the worker's age when he or she dies. The younger a person is, the fewer credits he or she must have for family members to receive survivors benefits. But no one needs more than 40 credits (10 years of work) to be eligible for any Social Security benefit. A child can get survivor benefits if the deceased parent has credit for one and one-half years of work (6 credits) in the three years just before her death.  This is the minimum.  It is not possible to receive survivor benefits if your parent never worked or, more accurately, never paid into Social Security.  I recommend you visit Social Security's website regarding survivor benefits (http://www.ssa.gov/survivorplan/ifyou4.htm) or call the Social Security Administration.  Best wishes.... Read Answer

The amount of time it takes to qualify for SSD varies on the basis of the claim that is being made.  you can also anticipate being initially denied benefits, and having to get additional information and appeal the denial.  the more complete the application when you first make it (i.e. all of the necessary doctors names, addresses, reports, etc.) the more likely that the application will be completed timely.  In addition, the faster you comply with requests for additional information, or examinations by the SSD doctors, the faster the application will be processed. ... Read Answer

Let the Social Security Administration tell you if you don't qualify.  I don't think I fully understand from your question if you have an obligation or a resource, so just apply.  Take the following steps. To apply for SSI disability and blind benefits: Complete the online Adult Disability Report or the Child Disability Report; and Schedule an appointment to complete the application for SSI. To schedule an appointment with your local office, call 1-800-772-1213 (TTY 1-800-325-0778) 7 a.m. to 7 p.m., Monday through Friday.  Have your Social Security number available when you call. At the present time, the "application" for SSI cannot be filed online. The website of SSA has a wealth of information.  To learn more about SSI go to http://www.socialsecurity.gov/ssi/text-understanding-ssi.htm    ... Read Answer

It would be difficult, but I believe it could be possible.  You are going to need help, and a lot of evidence, such as proof of paternity and connection of the father to the wages earned under the ITIN card. You may want to contact the State Bar of Florida for their Pro Bono program (http://www.floridabar.org/), Legal Aid (Go to http://www.lsc.gov/find-legal-aid to find your local office), or a nearby legal clinic of a Law School. Every day individuals go to work and pay taxes that could be used for survivor's benefits.  However, when they die, the Social Security Administration has no record of them as an individual, and these funds never get applied as they should. Yours is a very common and very sad story.  I'm sure the father worked hard - I hope you are successful, and I hope you'll let me know how it turns out. Good luck.    ... Read Answer

It appears you have provided a paragraph from a divorce Decree, Settlement or Order.  I note you are from California, a community property law state - click here for an excellent article regarding community property.  It is not clear, but it appears you are referring to Social Security Disability benefits. Because I do not practice family law and I am not licensed in a community property state, I cannot render an opinion.  Rather, I offer these suggestions: 1.       Contact your divorce attorney that handled the case, and get an opinion; or seek an opinion from another attorney. 2.       Post your question online in the Divorce area. 3.       Contact SSA.  They may be able to give you some insight, but remember, they aren't lawyers, and you don't want to violate a Court Order. Community property is a very unique type of law, and you want to get a clear opinion from a professional on this one.  Thanks for a great question, and good luck.... Read Answer

It is a political "hot button" issue. The money goes into a SS Trust Fund.  To run the country, Congress authorizes loans from the Trust Fund to pay what is necessary to run the country. The problem is that Congress borrows but never pays back. The "trouble" is that the projections that the SS Trust will be bankrupt and unable to meet its obligations.  Those estimates continue to get closer. Yours is a great question to ask both of your U.S. Senators and your Representative in Congress.  You can write the same question to each of them - let me know what they say!  Click here and here for links to your representatives.  Good luck, and vote in the next election!  It's important.  Too many people don't and issues like this are at stake. ... and no, you can't sue anyone.... Read Answer

Getting along with people is not always easy, and sometimes with your family it is the most difficult.  I'm sorry for your trouble. First, are you sure that your sister did indeed call?  You may be worrying over a threat that she may not have followed through with. Next, you need to be aware that there is an investigation division, and they receive similar "get even" calls every day.  SSA doesn't pay benefits without sufficient proof - unless she has some evidence.   "If" SSA decides to investigate further, you will have an opportunity to respond.  You will be notified in writing. To be proactive, I would suggest contacting an attorney that works with Social Security.  The "Find a Lawyer" link at the top of this page next to the nice outline of a house is a good place to start. Good luck.... Read Answer

If these benefits are SSI disability benefits, then assets, resources and income can affect one's disability payments if the disabled person marries.  If your girlfriend's benefits are not from SSI (Supplemental Security Income), marriage should have no impact.  She should call her local hearing office to determine which program pays her.  If it's both, she could lose the SSI depending on the household assets, resources and income, partially or completely.  Follow this link to get the phone number and location for her SSA office https://secure.ssa.gov/apps6z/FOLO/fo001.jsp... Read Answer

I f you don't resolve the discrepancy in the overpayment, Social security will attach any federal payments you are supposed to receive.  This can include future Social Security or federal tax rebates.  I would suggest making an appointment at your local Social Security office and going to talk to a representative.  ... Read Answer

If you are referring to disability SS benefits, and you know that you have won, you will receive a letter from SSA once they have completed the calculation. If you are trying to decide whether to file for SS disability based on how much the benefit would be, a call to your local SSA office can result in the answer to that question.  You can reach that number by following this link and plugging in your zip code: SS office locator.   That same office should be able to advise you of SS benefits regarding retirement.  However, I have found the website's Retirement Estimator very useful. Of course, if none of these options appeal to you or answer your questions, I would recommend you contact a local attorney.  You can do so easily by choosing the "Find a Lawyer" icon at the left-hand side at the top of this page.... Read Answer

You are not alone.  An overpayment happens every day to many people, for many reasons.  Because you didn't list why they overpaid you, I won't speculate, but I can offer some suggestions to take now that it has happened. Within TEN (10) days of the notice, appeal AND ask for a waiver  so that your monthly check will not stop.  Note that if you are unsuccessful, any money they paid you during the appeal will be part of what they are collecting. If ten days has gone by, appeal.  You have sixty (60) days from the date of the letter. Ask for a waiver of the overpayment if you don't have the money.  You will need to provide financial information to SSA so be sure that it is accurate. You also can choose to pay back the money, and if your benefits are continuing, you can negotiate an amount to be withheld each month.  I would suggest that it be a small amount. Good luck.... Read Answer

Anyone can apply for Social Security Disability. There is a medical approach to the definition of disability, and I can't tell from your question if you have a medical condition that prevents your from working. As indicated on my website 1. What is the definition of disability used by Social Security? Under the Social Security Act, "disability" means "inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or has lasted or can be expected to last for a continuous period of not less than 12 months."   Other assistance?  Contact your County and State agencies to see what benefits you may be eligible to receive, such as: food stamps, rent assistance, utility assistance, etc.  Also, family, friends, churches (whether you are a member or not), charitable organizations. Because I am not from your area, I don't know specifics for you, but if you contact an experienced AV rated lawyer that handles Social Security Disability, my guess is that she or he will give you some additional guidance.  ... Read Answer

The Arizona Bar Association has free help available if you follow this link scroll down to "FIND FREE LEGAL HELP" so that you can choose your County.  I was hired in this fashion for a similar case in Nebraska through the Volunteer Lawyer Project.  Yours is not an easy case and you need help. In the case I handled, the father had been cremated and buried in Mexico.  Depositions of the mother and grandmother were taken to establish identity and paternity.  I also had the further complication that the name did not match the Social Security Number.  However, we were successful in the end. If you have been turned down twice, you only have sixty days to appeal, that is, sixty days after the date of the decision.  Do this immediately whether you have located a lawyer or not to preserve your rights.  You can do this in person or by phone through your local office.  ... Read Answer

Let's be clear - we both know that fraud exists in the disability program, and many other government programs.  However, please think long and hard before reporting someone for fraud.  Participating in Taekwondo classes does not equal work. Disabilities can be physical or mental.  Physical disabilities often have a prescription to "exercise as tolerated."  Do you attend the Taekwondo classes?  Does the individual participate fully without pain?  Is the individual's disability physical? Please give this serious consideration before a report is filed.  If you feel you should, first watch this video and then follow this link if you still intend to file the report online or by any of the following methods: U.S. Mail: Social Security Fraud HotlineP.O. Box 17785Baltimore, Maryland 21235 FAX: 410-597-0118 Telephone: 1-800-269-0271 from 10:00 a.m. to 4:00 p.m. Eastern Standard Time TTY: 1-866-501-2101 for the deaf or hard of hearing.  ... Read Answer

You're question is a good one, and your belief that your payment is too low may be true.  However, it is probably correct. Your monthly payment amount is calculated based upon the wages you earned and the taxes you paid into the Social Security System.  Multiple factors are considered when calculating your "monthly payment amount" such as the average monthly earnings, etc. If I were you, I would go to the Social Security Administration (SSA) Office nearest you which you can locate following this link.  Explain your concern and have them show you the computation.  If you still disagree, let them know that you want to appeal their calculation, and someone else will look at your case. However, don't get your hopes up.  As I said above, "it is probably correct."  By the way, there will be no cost at the office of SSA.... Read Answer

The general answer to your question is yes you can get Social Security Disability due to mental health problems alone.  I see it very often in my practice.  One does not have to have a physical disability to receive benefits. Notice that the following which is from the Social Security Administrations website does not make a reference to whether it is a mental or physical "condition": "Social Security pays benefits to people who cannot work because they have a medical condition that is expected to last at least one year or result in death. Federal law requires this very strict definition of disability. While some programs give money to people with partial disability or short-term disability, Social Security does not." You can apply yourself online at http://www.socialsecurity.gov/pgm/disability.htm however I encourage you to seek local counsel to address the specific facts of your particular situation.... Read Answer

It sounds like you need to see an attorney or financial planner experienced in this area.  Answers to questions from faceless individuals on the phone can be wrong and can vary from person to person as you have indicated.  This topic was recently addressed very well in a blog post by Charles Hall. More information would be important to answer the question: your age, his age, is he drawing SS retirement or disability right now, are you disabled.  I recommend you find an attorney or financial planner where you live that can answer your questions.... Read Answer