David Arthur Stevens’s Answers

David Arthur Stevens

Atlanta Social Security Lawyers.

Contributor Level 8
  1. Can my social security disability payment be garnished or seized by small claims court for past medical debt?

    Answered almost 2 years ago.

    1. David Arthur Stevens
    2. Gerald Gregory Lutkenhaus
    3. Dennis Alan Palso
    3 lawyer answers

    No, the only party that can garnish your Social Security wages is the federal government. To be safe, make sure the bank that receives your Social Security benefits is aware that Social Security is the only source of money in the account. Also, inform the bank that Social Security wages are not legally subject to garnishment pursuant to United States Code Title 42, Chapter 407, Section 207. This will put the bank on notice that they are not to allow a garnishment of your disability wages.

    4 lawyers agreed with this answer

  2. I would like to know if an overpayment for the 2009 year of $10.400 is repayable by increments over time?

    Answered about 4 years ago.

    1. David Arthur Stevens
    1 lawyer answer

    When an overpayment is assessed by SSA, the first thing to do is to determine whether you were, in fact, overpaid. There are several factors that need to be considered, such as: did you inform SSA of your work activity; and did any portion of your work activity constitute a trial work period? Also, make sure the amount of overpayment you are being charged is accurate. If you want to challenge the overpayment, you can file an appeal within 60 days. If the overpayment appears to be correctly...

  3. Social security questions to be answered for a widow of my ex-husband

    Answered over 4 years ago.

    1. Ruthann P. Lacey
    2. David Arthur Stevens
    2 lawyer answers

    There are several factors that will impact your eligibility to draw from your ex-husband's benefits when you turn 60, such as whether you are remarried and how long your ex-husband worked before he passed away. Feel free to give us a call at 404-467-9017.

  4. What is the best way to go about gaining SSDI for Bipolar Disorder?

    Answered almost 4 years ago.

    1. Daniel Arthur Bridgman
    2. Suzanne Villalon
    3. David Arthur Stevens
    3 lawyer answers

    In addition to the useful information in both of the above answers, if you are not working SGA (earning over $1000/month), you will be considered disabled by SSA's rules if you are unable to perform basic work activities. According to SSA's guidelines, the basic mental demands required of all unskilled work include the abilities to: 1) understand, remember and carry out simple instructions; 2) make judgments that are commensurate with the functions of unskilled work, i.e., simple work-related...

    1 lawyer agreed with this answer

  5. I have been placed on disability by my Psychiatrist. I also have some physical disabilities. I want to find a good local lawyer

    Answered almost 4 years ago.

    1. David Arthur Stevens
    2. Gregory Adam Benker
    3. Suzanne Villalon
    3 lawyer answers

    Contact NOSSCR (National Organization of Social Security Claimant's Representatives). The number for the lawyer referral program is: 800-431-2804. They'll be able to provide you with contact information for local lawyers to help you out.

    1 lawyer agreed with this answer

  6. My mother owes personal loan to a company, she can no longer make the payment. what could be garnished. she get social security.

    Answered almost 4 years ago.

    1. Theodore Lyons Araujo
    2. Jennifer Ann Klock Morel
    3. David Arthur Stevens
    3 lawyer answers

    In addition to the useful advice above, it would also be a good idea for your mother to inform her bank that the income in her account is from Social Security and, therefore, not subject to garnishment. And since she appears to have sources of income other than her Social Security, she should probably set up a separate bank account that will be sourced solely by her Social Security income. This will decrease the likelihood that the bank will mistakenly allow her retirement income to be...

    1 person marked this answer as helpful

  7. What benefits I am entitled to from a SS pensioner husband?

    Answered about 4 years ago.

    1. David Arthur Stevens
    1 lawyer answer

    Unfortunately, if you divorce your spouse, you will no longer be eligible for SS benefits on his record. You may become eligible for them again when you reach the age of 62, assuming you were married for at least 10 years, you are unmarried at that time, and the amount of any benefits you are entitled to on your own record are less than those you would receive from his record.

    1 person marked this answer as helpful

  8. Can I collect social security and unemployment, at the same time?

    Answered over 3 years ago.

    1. David Arthur Stevens
    2. Timothy Minthorn Klob
    2 lawyer answers

    Yes, in some circumstances. At first glance, there appears to be a conflict between the assertion that you are "ready, willing and able to work" -required in most states to draw unemployment - and stating that you are unable to perform any substantial gainful activity, as required to qualify for Social Security disability or SSI. However, Social Security accepts that in many situations there is no actual conflict that will prohibit drawing Social Security disability benefits and SSI benefits at...

  9. Can I collect from my ex husbands disability checks, I am 61 and he is sixty two, we were married for 23 years, not remarried

    Answered almost 4 years ago.

    1. David Arthur Stevens
    1 lawyer answer

    Unfortunately, prior to your 62nd birthday you will not be eligible, but once you reach age 62, as long as you will have been divorced for at least 2 years, you will be eligible to receive benefits on your ex-husband's Social Security record.

  10. Didn't mean to shout...can i work part-time and collect SSD?

    Answered about 4 years ago.

    1. Douglas Charles Michie
    2. Gerald Gregory Lutkenhaus
    3. David Arthur Stevens
    3 lawyer answers

    The previous answers are correct that when your case is reviewed, either for initial eligibility or during a continuing disability review (CDR), any work you are performing can be considered as evidence of your ability to work. However, much more information is needed about your particular situation to know if that applies to you. For example, if you are over 50 years old and have performed only unskilled, labor-intensive jobs in the past, your part-time work in a sedentary job (primarily...