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Jonathan A Abbott

Jonathan Abbott’s Answers

41 total


  • Can someone born cognitively disabled, but previoulsy gainfully employed for a period of ~6 years, qualify for disability or SSI

    My sister was born with an anoxic brain injury and was supported by the local special education agency age 3-through high school; however, during and post high school was able to acquire a part-time position that later turned into a full time posi...

    Jonathan’s Answer

    There are, as the previous answer said, several "problems" with a disability case for your sister. Real legal issues.On the other hand, I would not be as negative. The case may be a good one. One thing that your sister's attorney will want to do is document all of the special help and accommodations she received from the supervisor. Soon, if possible, because such people have a way of moving and getting losts.

    She will definitedly need professional help from an attoney who lives in Iowa and who specializes in social security disability benefits. There is an organization called NOSSCR that can provide some names or ... when you call LOCAL attorneys who advertise they do social security disability, ask them if they are a member.

    It may be hard to find an attorney who will take the case before your sister is denied, but must places haves a few attorneys with big hearts who will. I wish her good luck.

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  • Do I need an attorney? My father is having trouble getting approved for his retirement benefits.

    My father can't seem to get approved for his retirement benefits. He keeps getting the run around. What can he do?

    Jonathan’s Answer

    He shouldn't need an attorney. Retirement benefits are usually pretty easy to get, unless there are issues of citizenship or someone else using his SSN. Perhaps it would help if both you and he get on the telephone together and talk to SSA. there may be a misundrstanding.

    Congressmen are usually helpful with retirement cases and getting SSA to straighten out a glitch.

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  • Can your long term disability co. take all your award once you win ssdi benifits ?

    i'm speaking specifically about the retroactive back payment.

    Jonathan’s Answer

    This is a much harder to answer question than it might appear. First, you need to look at the actual long term disability (LTD) policy. Most have a provision for coordination of benefits, and may require the person to apply for social security disability. Then, if the person wins, they may be able to recoop some of the money they paid out.

    Beware: some long term disability insurance companies push people to use their "free" attorneys. In fact, you may never meet the person until the day of the hearing and they might not even be an attorney. If you lose, they probably won't help you with an appeal. And they probably won't know the local social security judges.

    A local attoney who specializes in social security disability (look up NOSSCR on the internet) who will meet with you up front, answer your call, and who knows the judges can help - and they get no fee unless you win.

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  • Can my kids get social security if their father was killed?

    their dad was only 23 when he passed away.

    Jonathan’s Answer

    Probably, yes, but more facts are needed, such as his citizenship status and earnings record. You should contact Social Security's local office or their 800 number: 1 800 772-1213.

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  • How to file for Social Security Disability?

    I tried to get pre approved over the phone And they told me I wasn't able to be qualified. I have a visual impairment, ADD, bleeding disorder. This affects my ability to drive and do day to day things. Should I fight it?

    Jonathan’s Answer

    Normally, no one ever qualifies over the telephone, although an initial application may be done on the telephone. There are two types of social security disability, regular disability (DIB) and so-called low-income, low-asset disability called SSI. "Qualified" might refer to either one.

    For anyone under 50, the basic test iswhether or not the person can sustain a full time job: 88 hours a day, 5 days a week, week after week, at a competitive pace and quality, with required concentration, and no unusual amount of unplanned or sick-leave absences. How do you stack up against this?

    I certainly agree that you should not take the word of one annonymous SSA employee that you do not "qualify." Social Security's own studies show about a 35% error rate in telephone advice. If you think you might be disabled, see if there is a local NOSSCR member who takes cases at the initial application level. If not ... apply on your own. Think about what symptoms make you unable to SUSTAIN full timework. Work with your doctors to document those.

    Good luck

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  • Can someone on disability be sued?

    Im disabled i get ssi 785 a month my ex mom-in-law says i owe her 650dollars witch i dont.but if somehow the courts agrees with her can she take it from my disability?

    Jonathan’s Answer

    Generally, no. If you get SSI and keep it separate from any other money then creditors cannot get it. I advise my SSI clients to open a separate bank account (for SSI only) and have their SSI checks automatically deposited. This avoids checks getting lost.

    Check with your bank or other local banks, such as Greenfield Savings or Greenfield Co-op, about any charges you might have from the bank for such an account. It may be that the account will be free.

    Howeever, if your SSI goes into a bank account with other money, then the creditor may be able to get a court order to freeze the account.

    Keep in mind that just because they can't freeze your money doesn't mean that they can't sue you and a judge won't order you to pay. The questions is whether or not you have any property that can be seized if you refuse to pay.

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  • Would i be able to recieve social security disability benefits? I have scolosis and pseudoxanthoma elasticum

    i had a harrington rod put in when i was 15 yrs old in 2002 for my scolosis. a few years earlier i was diagnosed with pseudoxanthoma elasticum, which is a genetic skin disease that can affect my heart, eyes, digestive system, and cause lesions on ...

    Jonathan’s Answer

    You ask an excellent question. In most cases, people get disability not because of the diagnosis but instead because of the severity of their symptoms. PXE is progressive. The first question you have to ask yourself is one that anyone over 17 and below 50 has to ask when they apply for disability: Am I able to sustain any full time work, 88 hours a day, 5 days a week, week after week, at a competitive pace and quality, with no unusual amount of unplanned or sick-leave absences? If you can think of lots of jobs that you could do - each day, every day, all day long, month after month - then you may not meet Social SEcurity's definition of disability.

    On the other hand, if your symptoms will prevent you from working full time some of the time, then you may well be disabled.

    As you know, PXE is progressive. How severe are your symptoms? (Add in any symptoms from scoliosis and any other medical problems you have.) If pain is your major symptom, keep a pain journal. How often is the pain bad enough (and/or the pain medication side effects severe enough) that you could not concentrate on even simple work tasks?

    Hope this helps. Jon PS I am happy to try to answer specific questions about PXE

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  • Hi, I have a son who recieves SSI for a disability. Is this legally correct?

    Hi,. My son recieves SSI for a disability. He is eligible for the full amount of disability which is 674.00/mo . we live in Pennsylvania. My son is 22, he also is still recieving child support from his dad in the amount of 450/mo due to this condi...

    Jonathan’s Answer

    The boy's father could pay some of his son's bills rather than give him cash directly. However, the subject icomplicated ... rent is treated differently than a cable tv bill, for example. There is also the so-called 1/3rd rule when the SSI payment is reduced by 1/3rd if someone else is paying food clothing or shelter expenses.

    Find a local NOSSCR attorney or a person at your local legal services office (if they handle social security disability cases) to explain the detail. DO NOT just have Dad randomly start paying bills. And, of course, if the child support is court ordered, you will have to consider what needs to be done to get that order modified.

    You can also try asking SSA this: "What bills can my son's Dad pay for the some without the payment counting as unearned income."

    Good luck to you and your son.

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  • My daughter is sick. She has been for ten years. She received SSI until she went into remission. She no longer is in remission

    We need a good attorney for my daughter to get back on SSI. She is 24 and has been ill since she was 12. She has internal Rhemuatoid arthritis. She has endometreosis and i sgetting a hysterectomy. She has one artificial hip. She alspo has 2 ot...

    Jonathan’s Answer

    You ask about a lawyer. I will answer that, but before I do, let me make a suggestion or two.

    Most disability cases are decided based on records, primarily medical, but others as well. If she does not do this already, your daughter needs to go prepared with a list of symptoms and how they limit her to each and every doctor visit, even if she has seen the doctor many times. The more about the symptoms and their severity get into the medical records, the more Social Security is likely to conclude your daughter cannot sustain full time work.

    If your daughter had an IEP in school or any other accommodations, get her school records asap. Schools are destroying records very quickly these days.

    She should keep a pain journal. Go to the American Pain Foundation's website for a good sample.

    Is your daughter getting any accommodations at her college? If so, try to get something in writing that documents them. I just did a case for a state college student who got special permission to bring a car to school and park it anywhere because of her MS. If you are church members, could the minister document problems?

    Now, as to an attorney. The best thing to do is to get someone who specialises in social security disability, who is willing to take the case early on, and who is a member of NOSSCR, and who lives in S.Dak. If you can't find anyone you and she like in SD, give me a call. That said, I only take out of state cases when the person has tried to find a good in-state attorney.

    Most attorney will charge nothing unles the client wins and then a fixed percentage of past due benefits: 25%. However, in some states you may have to pay the cost of getting medical records.

    Hope this helps. Jon

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  • I have not worked since Dec 2002. Can I apply for SS disability (have both mental and physical impairments).

    61 yrs old. Retired military. Rated 100% disabled by VA. Suffer from both mental and physical impairments. Have been under constant medical care for all conditions for over a decade. See psychiatrist/counselor weekly and have had over a dozen surg...

    Jonathan’s Answer

    You have received good answers already. Hire an attorney who practices law in Maryland and who is a member of NOSSCR and who does cases before your local SSA judges.

    An interesting little tidbit which has very little to do with your chances of winning. Social Security does not have to accept the VA's disability ratings, but it must consider them. How much consideration must be given depends on which U.S. Circuit Court of Appeals you ask. Someday this issue may be decided by the U.S. Supreme court.

    Your chances of winning depend largely on what medical evidence of your diagnoses and symptoms exists from before your DLI (explained previously.) Ask prospective attorney how they will go about finding this evidence.

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