Social Security Legal Questions

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 More

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 More

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 More

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 More

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 More

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 More

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 More

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 More

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 More

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 More

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 More

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 More

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 More

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 More