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Robert C. Alston
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Robert Alston’s Answers

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  • If I am receiving 100 percent disability but had a small pt job of 16 hrs per week and they cut me to 8 can i fiile unemployment

    Under disability rules, social security said I could work 20 hrs or under as long as i did not meet the ssa - I had a small 16-20 hr job in non pressure retail but was out sick for 2 days w migraine (which was part of my disability) - because the...

    Robert’s Answer

    Not sure where you got your information that social security rules allow you to work 20 hours a week while disabled. It is true that if you are able to earn approximately a $1,000 or more a month you would not be considered disabled. However, if you are able to do ANY work, Social Security may interpret that to mean that you could work more and would not be disabled. To qualify and remain on disability, requires that your medical condition prevents you from earning more than $1,000 per month. Not that you choose to only work X number of hours so you won't lose your disability. I have had client's who could only work 15 hours a week but because they were highly skilled, they still made more than $1,000 and therefore not entitled to disability. In any event, I am sure you are personally reporting your earnings to the Social Security Administration as required. Otherwise, you could be subject to fraud prosecution.

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  • I'm receiving SSA benefits & Im on Pradaxa settlement which I was hospitalized for 6 months after Pradaxa bleed started

    I'm still not completely well I need to know if my SSAbenefits will be dropped the settlements for less than 100,000.00 it's still in court & I haven't sent my ok on it yet Medicare has paid over 525,000.00 to my care please send me info on wheth...

    Robert’s Answer

    Be sure to consult with your settlement attorney regarding medicare.

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  • Social Security number, Date of Birth, Full Name of thousands available online public.

    Yesterday night I decided to google my name to see what the results were. On the 6th result there was page from the mortgage lender bank that iI used when I purchased my home. I clicked it and when it the page loaded I saw all of my information i...

    Robert’s Answer

    I would print the information from the internet so you will have a copy of it in case they take it down. Contact your local police or state attorney.

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  • Can I retain a new lawyer in the middle of a Social Security case if your not happy with your lawyer you currently have?

    Hired an attorney for Social Securcase and I have had to call them every time the case was denied (also have had to provide date of 2nd denial and it took so long I am worried time ran out), they are not utilizing all the information I have provid...

    Robert’s Answer

    I am sure that my colleagues that practice social security will agree, many, many time, social security will fail to inform the attorney that they have denied the case, so the attorney is unaware. Also, we consistently provide information to social security regarding new doctors, treatment etc. yet they fail to get the records. Even if you do send it to them, they don't look at it. I agree, the best thing for you to do is to ask for a meeting with your current attorney to sort it out. If they refuse to meet with you, then it is time to move on.

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  • Can i file for medical disability and still work

    i have a lot of medical problems. diabetis,carpulyunnel, highblood pressure, high chlolesterol and possible neuropathy. i have a 40 hr. weekly job for the last 17 years.

    Robert’s Answer

    Unfortunately, Social Security is not for people who may be unable, at some future date to work. Your medical conditions must affect your ability to work now.

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  • Is there an atty. to assist us in the endeavor with Social Security for an overpayment. My husband is still employed at age 65.

    Is it possible to see if an atty could assist us with this pro bono?

    Robert’s Answer

    If your husband is on social security disability and was working which caused the overpayment and you did not report his earning to social security, you could have additional legal issues related to fraud. Be careful.

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  • Supplemental security income reporting

    I receive SSI for disability. Not social security. My Husband of 2 years just started working a stable part time job. Do I report this, even though its not my earned income? I do not work.

    Robert’s Answer

    For SSI, the SSA will look at "household income". Be sure you report any changes, you don't want to accused of fraud.

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  • How do I write an Remand to the Appeals Council for review, I am at level3 by myself until my new Attorney comes on board ?

    There are several mistakes in the ALJ Judges paperwork regarding my notice of unfavorable after being held up in Court with this Judge for 7 years. I asked for a Change in Venue and was denied by Federal Court twice. I am now at the Appeals Counci...

    Robert’s Answer

    Your question has way too many facts to discuss in this forum. Please talk to a local attorney.

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  • Can someone please give me an advice!

    thanks for your attention, i have an ssi case for my child that was denied till the council level i was pro se, then i reapply the second time with an attorney now we r waiting for a hearing with alj, my question is if my child wins this time, how...

    Robert’s Answer

    Good advice, but the real question is if you already have an attorney, they are the ones you need to ask. You hired them, and if you win they will get paid for their work, call them.

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  • Social Security benefit for a deceased person

    My mother just passed away on the 23rd of March 2014. My sister who has Downs Syndrome was in my mother's care until she passed. I wanted to know if my sister could keep my mother's Social Security check that was sent on April 3rd direct deposit ...

    Robert’s Answer

    Yes, the money must be returned. Once Social Security becomes aware of your mother's passing, they will debit the account for the money. I would suggest you contact your local office before that happens. You state your sister is getting disability benefits. However, she could be getting them under SSI or a disabled adult child. If it is SSI, there may be a change in benefit amount. You should contact your local office for this as well.

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