Social Security Legal Questions

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 More

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 More

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 More

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 More

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 More

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 More

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 More

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 More

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 More

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 More