Clifford Michael Farrell's Answers

Don't you think this qualifies as UPL? Pertains to ANY state in the USA

My colleague is wise beyond all appearance, and his humor is good. More importantly, the truth behind his answer is correct. Most answers are a discussion of general principles, and virtually every answer has a specific disclaimer where the lawyers in one form or another says they are offering general help, not specific legal advice. To have UPL, there must be practice of law first. Since the general information being given is not specific legal advice, it is not UPL. I note that some...

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Can a credit agency garnish social security wages.

Social Security benefits are not generally subject to garnishment: see my Washington colleague's link here: http://www.avvo.com/legal-guides/ugc/federal-government-garnishment-of-social-security-benefits. That said, once money is put into an account with other money, it loses its identity as it is commingled. Once money loses its identity, then it can be taken in garnishment. Keeping SS benefits in a separate account provides some protection. Look for a Washington attorney here on...

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Social Security attorney sent me this letter. Should I be concerned??

If you cannot get in touch with the attorney, or always get his secretary or staff, and you no longer trust him, or are unhappy you have not been able to speak to him (or her) directly, then you have a problem. It sounds like you are not happy with the attorney and did not get some answers to some questions you asked. As a result, you sent a certified letter, which did get a response from your attorney, and to me his response looks correct. You are not required to stay with one attorney...

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I have SSI - My Church helped pay for my security deposit. Do I need to report that?

If you are getting SSI, you generally have to report all help you got, so yes, it does matter. When the money is returned, if you return it to the church, get a receipt and take that to SSA and they will then adjust your benefits. It is always better to be up front with SSA and tell them what is going on. It keeps them from investigating fraud charges (although that is not likely for one security deposit) and they get to know that you are being hiobnest with them. You can ask SSA what...

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Husband and i are on ss disability, and we are not 60 yet

SSI and SSD are the two main types of disability benefits. You have to be disabled to be eligible for benefits under either program. For SSD, you also have to have worked long enough and paid in enough taxes to earn credits for SSD. For SSI, you have to meet financial requirements, as SSI is a need based program. First, if you are on SSI and win the lottery, you will lose the SSI benefits. You can collect lottery winnings - - it is the SSI that you lose, not the lottery winnings. SSI...

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HI I WANTED TO ASK CAN THE SOCIAL SECURITY OFFICE GARNISH MY DAUGHTERS BENEFITS FOR AN OVER PAYMENT WE KNOW NOTHING ABOUT?

Social Security is technically not garnishing her benefits - they are deducting a previous overpayment and, in Social Security's mind, that makes a difference. SSA used to waive overpayments pretty regularly, but in recent years they have taken a more aggressive position on collecting overpayments from benefits. Although somewhat unusual, in my experience I have heard of people getting Social Security who were overpaid and did not get any notices about the overpayment. I would suggest you...

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Will my workers comp settlement affect my social security disability?

My colleagues have all given good advice. If you do not have an attorney who handles both Social Security and workers' compensation issues, you need to find an attorney who is familiar with this issue. The language to include in a settelment is very brief, maybe 1 or 2 sentences. But if it is not done right, it can cost you thousands of dollars. The complexities of offset issues leave many attorneys who do not handle them regularly scratching their head. Ask questions and make sure you...

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I need n advice plz?

My colleague is right - SSD is generally considered better. But here's the scoop - If you worked for an employer who paid in to Social Sceruity (FICA taxes taken from your check) for at least 5 of the last 10 years, then you are probably covered for SS Disability (but they will deduct any workers compensation payments). If you worked for a state or county government, or were a school teacher and paid in to PERS, SERS, or similar program (no FICA taxes taken out of check or just Medicare...

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Which attorney is better. Board Certified or Regular Personal Injury medical malpractice attorney?

Let's start here. Board certification means the attorney has met the requirements to be certified as a specialist. That usually includes a fairly detailed test, providing extensive writing samples, providing proof and documentation of the number of personal injury trials, providing references......It is not an easy process. A Board certified attorney has demonstrated his experience and skill to impartial third parties. There are attorneys who do just as good work as a board certified...

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I have a hearing soon, and am having difficulty finding a lawyer for my SSDI. Is this a legitimate reason to reschedule hearing?

Social Security does not always work as smoothly as we would like. Hearing offices and Judges have production quotas they are "encouraged" to meet each month, and many ALJs will not grant continuances regardless of the reason. Unlike civil cases, SSA is under lots of pressure to keep things moving - sometimes at the expense of claimant's rights. I suggest you call the Judge's staff and ask for a postponement so you can get a lawyer. I also suggest you try and find a lawyer in the meantime...

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