Jonathan A Abbott’s Answers

Jonathan A Abbott

Amherst Social Security Lawyers.

Contributor Level 9
  1. Can someone on disability be sued?

    Answered about 4 years ago.

    1. Jonathan A Abbott
    1 lawyer 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...

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  2. Can restitution be garnished from social security

    Answered about 4 years ago.

    1. Jonathan A Abbott
    2. Gerald Gregory Lutkenhaus
    2 lawyer answers

    This is not really an answer. Are you talking about Social Security retirement benefits, regular Social Security disability benefits (DIB), or Supplemental Security Income (SSI) disability benefits? Also, even if a particular type of social security disability benefit has protection from creditors, if it get mixed in a bank account with other money it may lose any protection. If you are low income, you may wish to go to your local legal services office.

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  3. Help with a unemployment/social security disability problem?

    Answered about 4 years ago.

    1. Jonathan A Abbott
    2. Jeremy Jacob Swick
    3. Gerald Gregory Lutkenhaus
    4 lawyer answers

    Basically, I agree with Jeremy's advice. The U.S. Supreme Court has said that it is not necessarily inconsistent to apply for both programs at the same time. While each state's unemployment laws are slightly different, the basic concept is that you have to say you are available for work and you are out looking for it. You can always hope that you will find an employer who will accommodate all your special needs - needs that arise out of your medical problems - and you will get a real job....

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  4. Can i get any kind of support for my son if the father is getting Social Security

    Answered almost 6 years ago.

    1. Jonathan A Abbott
    1 lawyer answer

    Generally, no. Social Security's regular disability program, also known as SSDI, if paid for by contributions of workers. If a person get's SSDI and has children of the right age, those children may be eligible for benefits. Technically, SSI is a welfare program. It is for people who are both low income and low assets. It does not have dependent benefits asociated with it. However, there may be state programs. Also, if your child is an adult, there may be the possibility of disabled...

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  5. Social Security Disability still possible after being initially denied years ago?

    Answered over 5 years ago.

    1. Jonathan A Abbott
    2. Kevin Lee Linder
    2 lawyer answers

    The general rule is that a prior application for Social Security disability benefits (SSDI) may be reopened within 4 years of the initial decision. For SSI, the general rule is two years. Of course, there are exceptions to these general rules.

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  6. Social security and divorce married 27 years , my husband has been w the same company over 35 yrs i have worked during our

    Answered about 4 years ago.

    1. Rebekah Ryan Main
    2. Jonathan A Abbott
    2 lawyer answers

    Whoa! Too many random facts, not enough facts. If you are asking about getting disability benefits on your own work record, you must have a certain number of credits prior to the time you became disabled and also recently enough. You can get 4 credits per year, if you earn enough money. Currently, if you earn $1,000 you get a credit, so if you earn $4,000 you will get the full 4 credits. If you are over 31, you have to have 20 of the 40 credits available in the 10 years before you became...

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  7. Could a SSA attorney/specialist explain

    Answered about 4 years ago.

    1. Michelle Rene Gottesman
    2. Jonathan A Abbott
    2 lawyer answers

    I assume you are asking about Social Security disability insurance benefits, or DIB. This is an insurance program. As with any insurance, your are covered when you pay into the system. You pay in by the deduction taken out of your paycheck (about 6 cents of every dollar that goes to Social SEcurity covers the disability program) or when you pay self-employment tax. If you stop working, your DIB "insurance" eventually expires. Social Security counts by "quarters". In order to get DIB...

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  8. Can the social security disability Attorney represent me?

    Answered over 4 years ago.

    1. Jonathan A Abbott
    1 lawyer answer

    In order to get social security disability benefits for a person under 50 and above age 18, the person must: 1. Be not working, or working and earning only a very small amount of money each month; 2. Be unable to sustain 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, because of significant medical problems; 3. Be unable to return to past work; and 4. Be expected to be unable to...

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  9. Can the Social Security Administration withhold social security benefit for SSI overpayments?

    Answered over 4 years ago.

    1. Jonathan A Abbott
    1 lawyer answer

    Yes, Social Security can withhold social security disability benefits for SSI disability and regular social security disability (DIB) benefits. Different rules apply to each. If you act timely, you can do both of the following: appeal the overpayment and request a waiver of some or all of the over payment. The latter process can include trying to work out a payment plan (that is, a monthly amount) that you can afford. Social Security can also grab tax refunds to pay the overpayment....

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  10. Can I lose my social security benefits if found guilty of domestic violence

    Answered over 5 years ago.

    1. Jonathan A Abbott
    1 lawyer answer

    Social Security is not paying disability benefits to "fleeing felons". Basically, if there is any outstanding warrant against you, SSA assumes you are a fleeing felon. However, the charge may not have been a felony or you are not fleeing. The meaning of "fleeing" is being litigated. You will either need to fight with SSA over whether you are a fleeing felon or get the Florida officials to do something to make the warrant go away. Often, it is very hard to do this from a long way away....

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