Social Security Legal Questions

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 More

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 More

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 More

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 More

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 More