Skip to main content
Clifford Michael Farrell
Avvo
Pro

Clifford Farrell’s Answers

2,717 total


  • How to calculate SSDI money benefits

    Worked since age 14 now 57 years old. Want SSDI money benefits calculated only on wages averaged when worked after completing graduate school in 1991

    Clifford’s Answer

    My colleagues have given you good advice. Unfortunately, there is not much else anyone can do on this issue.

    Best of luck to you.

    See question 
  • Can i sue my mom?

    I have a daughter that was receiving ssi for brain cancer since 2011-2013 she passed away april ,4,2013 . My mom was ny payee because i was only 16-17 when this began and just turned 18 when she passed. My daughter received 700+ a month , my mot...

    Clifford’s Answer

    Ask SSA to investigate. If she cannot explain wherebshe used the money, they could create an overpayment and reduce her benefits later. However, is she provided you and your daughter a place to live, paid the utilities, paid for food, did your laundry, and things like that, tohse are proper things for a payee to use money on.

    See question 
  • Federal court and social security disability (SSDI) questions

    In an SSDI social security case, how can I use an expert witness at that level?

    Clifford’s Answer

    In most jurisdictions, new evidence may NOT be submitted with an appeal to District Court or the Court of Appeals, because the legal standard is whether the final decision by SSA (sometimes the ALJ, sometimes the Appeals Council) is supported by substntial evidence. New evidence submitted to the Court has no bearing on whether the decision by SSA was correct at the time they made the decision.

    You could file a Motion To Remand (send your case back to SSA) with the new evidence, but then you have to show the evidence is new and material AND that there is "'good cause" for not submitting the evidence earlier. Good cause many times involves an unrepresented client and the assigned Judge at SSA failed to get important records from a treating doctor or mental health clinic. I am not able to think of a good reason you could not have gotten or paid for an expert witness to submit a report or appear at a hearing earlier, and I doubt mosts Courts will see it differently.

    If you have an attorney, talk to that person about this. If not, consider getting an attorney. District Court appeals are difficult to win, and many lawyers do not handle federal court appeals because of the very technical nature of many of the arguments, and because at best your odds are 50-50. You should also talk to an attorney about whether filing a new claim is an option as well.

    Best of luck to you.

    See question 
  • I NEED TO CHANGE MY NAME. I HAVE HAD SOMEONE ,FILE AND RECIEVE AN UNEMPLOYMENT BENIFIT IN MY NAME .

    I RECIEVED INFORMATION ABOUT THIS WHEN I FILED FOR SOCIAL SECURITY . I WOULD LIKE TO KNOW WHAT TO DO .ALSO MY CASE IS STILL PENDING

    Clifford’s Answer

    File a police report, and then contact SSA to alert them that your SS# may have been compromised - they will likely explain other options available to you.

    Best of luck.

    See question 
  • I need attorney for Soc Sec Continuing Disability Review. Told not enough evidence by reviewer. Have $ in hand re consult -hire

    Claim adjudicator at state told me not enough evidence to continue but all records not in. Review scheduled. States because former therapist retired she NO LONGER has LCSW after her name, so they cannot consider her records. She is considering c...

    Clifford’s Answer

    Consider contacting a local legal aid office, or an area lawschool clinic to see if they can help

    See question 
  • Does Social Security ever give out names of people on Social Security?

    In other words, can someone call and ask if they have a person named "X" in their files?

    Clifford’s Answer

    No. They will not provide that information.

    See question 
  • I turned 62 in November applying for Social Security to start in March, but am going to work an extra month longer thru March.

    Hi, I turned 62 in Nov. 2014 with the intent that my last day of work was going to be February 28th. I applied for social security in November and I told them March 1st is my first day of retirement with my first check arriving mid April 2015. M...

    Clifford’s Answer

    SSA is just looking for people they can use as examples of fraud, even where there is no fraud. So, you should contact SSA immediately and tell them what is going on before it happens. That way you can be up front and honest with them, and not face a penalty later.

    See question 
  • Bigamy, stolen ID, fake Drivers Licensei with CDL, used a fake social security number and didn't file taxes for 10 years

    My husband of 20 years walked away and wants a divorce. I found out he never divorced his 2nd wife. He said it was because he married her under a fake I.D. Before we married he wanted to leave our state because he was going to prison for his 7th D...

    Clifford’s Answer

    Report the fraud issues to SSA: http://oig.ssa.gov/report-fraud-waste-or-abuse

    Report the other matters to your local police - they will want to talk about all of the information you have too. BUT: remember, if you knew about this, or participated in this, or did nothing about it after the fact when you learned about it, you could face criminal investigation yourself.

    You might want to talk to an attorney who handles criminal and domestic matters before you do anything to protect yourself and find out what you should do and should (or should not) say.

    See question 
  • I have a lean on a savings account which money every month was taken out of checking who's is our social security

    My savings is Frozen I need the money my husband live on our social security and disability payments

    Clifford’s Answer

    Talk to the bank too. They may have some responsibility here too - they have knowledge of where the money comes from. But this only applies if the only money going into that account is Social Security. If you are mixing in money from other sources - state pension, other retirement, private money - then the money is considered "commingled" or mixed together, and then NONE of it is exempt from attachment

    See question 
  • Social Security, in-kind support, and moving out?

    If I decide to move out while I'm on social security, will the amount I receive go up or go down? I don't know much about it, but right now I'm on SSI and SSDI. I'm collecting from my father's SSI, while I'm on SSDI because I haven't made a lot of...

    Clifford’s Answer

    I agree. As long as you are paying yourshare of rent, utilities, food, etc, your SSI may go up a little. Normally SSI is abut $733, but in California with the supplement I believe it is about $889, so that would be the most to expect between the SSI and SSDI combined.

    Good luck to you..

    See question