ALJ's are required to give more weight to the opinion of a treating doctor then someone who has only seen you one time so long as the opinion of the doctor is reasonable consistent with the other evidence. There are a lot of factors that come into play in evaluating a disability claim. If you do not have an experienced attorney assisting you with your claim you need to find one as soon as possible.
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Sorry for you loss. Yes. Her check will stop. You need to contact SSA as soon as possible and make sure that they are aware of it. Mail them notice by certified mail or go into your SSA field office. They may continue to send monthly benefits, but if you will be required to return the money.
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As an undocumented worker you will not be able to recieve Social Security retirement benefits. You would only be able to recieve benefits as a non-citizen if you became a permanent resident of the US.
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The most important aspect of this case is that you cannot win unless there are medical records that support your cliam of disability. So, unless your doctor is willing to work with you and correct his records you have a serious problem. Talk to the doctor nicely about it. Doctors don't like to admit they made a mistake. I have had doctors refuse to correct notes that were obviously wrong. So, I wish you good luck. Find a Social Security attorney in Jacksonville to help you.
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This is not a Social Security question. You might want to hire a private investigator.
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If you are truly receiving SSI and not SSD, then you should not be receiving a check for each full month that you are in jail. SSI is a form of welfare and you should have contacted SSA that you were locked up. Any money your wife receives for SSI benefits for you will have to be paid back as it will be considered an overpayment.
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If there is a determination made that you were not paid benefits that you were entitled to receive, you should be get a check for the unpaid amount. SSA will usually send a written explanation anytime benefit amounts are changed.
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ALJ's usually take 30-60 days in that office to send a written decision. But, I have seen it take longer. As for waorking, if you take a full time job or earn more than $1,000 a month you are not considered disabled. If you are found disabled and go back to work you should do so through the Social Seurity back to work program. You can find information about it at SSA.gov.
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If you employer does not issue you a Form 1099 at the end of the year then he is basically paying you under the table. In order to get Social Security benefits of any type you must pay your Social Security taxes each year that you work. What you are paid is based on what you earn and report to the IRS. Too often I get people who have worked hard all of their lives but tried to game the system by not paying taxes. What happens then if you become disabled or reach retirement age? You live in...
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It's never too late to get help with your Social Security claim. If you can't find a local attorney that is experienced int Social Security you should contact the National Organization of Claimant's Representatives for a referral. Their phone number is (800) 431-2804.
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