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Brian J Gillette
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Brian Gillette’s Answers

326 total


  • Social security for surviving children

    I have a 16 year old and his father passed away recently. We were informed that we would start to receive social security survivor benefits soon. AM I responsible for the benefits that my son will receive, and how do I distribute them to him as a ...

    Brian’s Answer

    You may also find the information at this link helpful: http://www.socialsecurity.gov/pubs/EN-05-10084.pdf

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  • I am on Social Security Disability and have a conservator. My question is when I reach retirement age. Do I need a conservator?

    Do I still have to have a conservator after my status changes to regular social security?

    Brian’s Answer

    I assume by a "conservator" you are referring to a Representative Payee. It is likely, unless your ability to manage your money has improved, that you will continue to need a representative payee. You may find the information at the following link helpful: http://www.ssa.gov/payee/bene.htm#sb=3

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  • Can we appeal for social security benefits before the claimed 12 months of disability to qualify?

    My husband (43 years old) had a stroke 9 months ago and social security benefits were denied because they said he needs 12 consecutive months of disability. We have 2 kids and having really tough times making ends meet with only my income, he is n...

    Brian’s Answer

    Yes, you can and should apeal. You may find the information at the following link helpful: http://www.ssa.gov/pubs/EN-05-10041.pdf

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  • Need a lawyer whom knows and understand disability rights state and federal and can tell me what steps or will help me.

    I'm supposed to have a disability pension and should have been able to keep my medical insurance for me and my husband. I'm talking about what separate from disability social security for which I receive and the state helped me get, but I'm suppos...

    Brian’s Answer

    Consult with a local attorney as soon as possible. It is likely that there is a time limit for the pursuit of your claim.

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  • Should I have a lawyer for the first phase of applying for SS Disability?

    I applied for SS disability in March. I have been in contact with the local contact person, keeping him updated about tests, etc. But today I asked him if he has an idea of when a decision will be made because I am in jeopardy of losing my apartme...

    Brian’s Answer

    In my experience, if you keep telling the Disability Determination Service about new medical information, they will keep requesting additional medical records. In some cases, this results in a delay in making a decision. You don't have to stop treating, but you may consider not updating them further so that they will make a decision. A local Social Security attorney can advise you on his/her experience in your area. Most claims are denied twice and you are then able to attend a hearing with an Administrative Law Judge. It is in your best interest to put your strongest case forward as early on in the process as possible. Your medical records may not adequately describe your functional limitations. An experienced attorney can help you draw that information out from your physicians.

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  • Is a child in title to Social Security benefits of a deceased parent that was married

    DNA test was done and it was 9999% proven he was the father

    Brian’s Answer

    A child can get benefits if he or she is the biological child, adopted child or dependent stepchild of the deceased worker. To get benefits, a child must have:

    • A parent(s) who is disabled or retired and
    entitled to Social Security benefits; or
    • A parent who died after having worked long
    enough in a job where he or she paid Social
    Security taxes.

    The child also must be:
    • Unmarried;
    • Younger than age 18;
    • 18-19 years old and a full-time student (no
    higher than grade 12); or
    • 18 or older and disabled. (The disability must
    have started before age 22.

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  • How do I sue this woman for using my SSI MONEY? And why do I have to pay SSI BACK for something I didn't use?

    I was incarcerated and SSI never stopped m y checks a woman I know use my identity to expeditea Direct Express card to her home .She used $5,055.03 in SSI MONEY from that card . I was released from jail on February2,2015 went to SSI office here in...

    Brian’s Answer

    You can file a civil suit againsts the individual. Collecting from this individual would likely be difficult. If she is criminally charged, the court may be able to order restitution. When you were incarcerated, you had an obligation to advise the Social Security Administration of this fact. They would have terminated your payments and limited the amount that was taken from you. You can do two things in regard to the overpayment. 1) Appeal, and 2) Request a waiver of overpayment. See the link below.

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  • Do I owe back taxes or social security money if I was mis-classified as an independent contractor?

    My former employer misclassified me as an independent contractor for three years and says that I would owe money to the SSA if the Department of Labor determines that I was misclassified. Is this something that could actually happen, or is this ju...

    Brian’s Answer

    Consult with an employment attorney. It's better to act on experienced advice than try to undue harm after you have acted.

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  • How do I file A social security disability civil lawsuit for being required to do certain activities for S.S.D requirements.

    Does this civil lawsuit have A certain Attorney that is required to be used. I think it would just be social security disability civil lawsuits attorney. Does anyone know the name of this attorney or any someone they could recommend for doing this...

    Brian’s Answer

    If you believe your representative payee is misusing your money, call SSA right away at 1-800-772-1213. SSA will investigate all allegations of misuse, gather facts and evidence, and make a decision on whether misuse has occurred. You will receive a letter from SSA telling you what it found out. If SSA finds misuse SSA may find a new representative payee for you or pay you directly. SSA will then take action to recover the misused money.

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  • Can my kids have savings accounts if they receive SSI?

    My six month old son receives SSI, and my 8 year old daughter's case is pending. My dad passed recently and my mom would like to start each of them a savings account in the amount of $2000 out of the extra life insurance money. While the accounts ...

    Brian’s Answer

    "In December, Congress passed the ABLE Act, short for Achieving a Better Life Experience. The law enables the creation of special savings accounts, modeled after the popular Section 529 education plans that many families use to save money for college. The new plans will be known as 529A accounts.

    Under the new law, disabled people and families with children who have special needs can contribute to these savings accounts, and the funds can be invested and grow tax-free. Withdrawals from the accounts will not be taxed as long as the money is spent on allowed types of expenses for the beneficiary, like housing, education, transportation, health care and rehabilitation.

    The 529As are expected to become available in the second half of 2015, after the Treasury Department issues regulations to define details of the accounts."

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