Claimed Lawyer ProfileQ&A
- Social Security Disability
- Elder Law
- Estate Planning
Jurisdictions Admitted to Practice
- United States District Court for the Northern District of Texas
- Suffolk University Law School
- J.D. (2010) | Law
- Texas Wesleyan University
- B.B.A. (2006) | Business Administration
5 Questions Answered
- Q. if my son is getting money from my SSD check.Will his part be returned to me once he turns 18
- A: No. There are two limits on SSDI benefits - your individual max (PIA) and family max. In order to get dependent benefits your family max must be higher than you PIA. For example, PIA (800) Family max (800), in this situation there would be no dependent benefits. But if your PIA was (1000) and Family Max was (1500) there would be $500 in dependent benefits. But you are only entitled to these benefits for dependents. So once your child turns 18 those benefits will stop. You need to consult with a local security attorney to get an answer more specific to your actual situation.
- Q. Live in Idaho. Won a medical malpractice lawsuit. Put money in an annuity and receive a monthly payment. Cannot work.
- A: This depends. If you have worked at least 5 of the last 10 years you may be eligible to apply for SSDI. The amount of income you receive from your annuity may disqualify you from SSI benefits. In either case you will need to prove that you you have a severe impairment that is expected to last, or has lasted for at least 12 month and are unable to engage in substantial gainful activity. There are many technicalities with Social Security Law - I recommend you consult with a local Social Security Lawyer - consultations are free and fees are contingent upon winning the claim. Good luck.
- Q. i receive ssdi and medicare my children receive child support from ssa will they be affected if I receive rental income
- A: It depends. SSDI is not a needs based program like SSI so your benefit will not be reduced by resources or income of family members. However, any income you receive could be considered Substantial Gainful Activity (SGC) SSA allows people attempting to return to work or self employment a 9 month trial work period. While not directly applicable to your situation - SSA will consider any rental income as SGA if it exceeds $1,070 (2014) or $1,090 (2015) You should consult with the attorney who helped you with the SSDI claim. Most likely you will need to tell SSA that you are receiving rental income.
- Q. do I need a disability attorney?
- A: Sorry to hear about your condition. If you are referring to Social Security Disability Benefits or Supplemental Security Income benefits you do not technically need an attorney. However, hiring an attorney is highly recommended. Social Security attorneys collect contingent fees when they win your case. Those fees are regulated by the Social Security Administration they are capped at 25% or $6,000 (which ever is less) from your past due benefits. Hire an attorney specializing in Social Security disability. An good attorney can help ensure your case is thoroughly prepared and presented to the ALJ. Many times you get one shot to present your case in front of a judge - you'll want to make sure it's done properly the first time. Best of luck in your claim.
- Q. I keep getting denied disability even though i have documentation that my spine is fusing together. Why?
- A: Obtaining disability benefits is a long and tough road. Many claimants are denied twice before going to a hearing. Some are denied at hearings and beyond. If you have not yet reached the hearing stage, I highly recommend hiring an attorney who specializes in Social Security Disability. I would not recommend hiring a Social Security advocate or non-attorney representative. Winning a disability case is based on several factors including: age, education, past relevant work, the severity of your condition, and your ability to perform other work. A spinal fusion by itself may not entitle you to disability. Without knowing specifics of your case it is impossible to answer "why". It is best to consult with a social security lawyer.
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