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Gregory Adam Benker

Gregory Benker’s Answers

9 total

  • Will opening a company affect my disability???

    I am due to hopefully recieve disability benefits soon. As I was told between genetics and issues from when I was in the army i should consider this route. So I have filed and have yet to hear anything back as its been past 90 days. However, a fri...

    Gregory’s Answer

    The answer depends upon the type of disability benefits you are seeking. If you are seeking long or short term disability insurance benefits, other income may be considered an offset and reduce the amount of benefits you are entitled to receive under the plan. If you are seeking Social Security Disability Insurance (SSDI) benefits, as long as you are not working and this is strictly an investment then this should not affect your benefits, but you should be wary as to how the business reports any income that you may receive. If you are seeking Supplemental Security Income (SSI) however, these benefits are income dependent and you may be ineligible if you make above a certain amount. Unfortunately, you do not provide enough information to fully respond though I would recommend speaking to an attorney before you pursue this opportunity.

    DISCLAIMER: THESE COMMENTS ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND ARE NOT LEGAL ADVICE. Actual legal advice can only be provided after direct consultation with an attorney licensed in your jurisdiction. Answering this question does not create an attorney-client relationship or otherwise require further consultation. Attorney is licensed to practice law only in the State of Illinois and any responses relate solely to issues arising under Illinois law. Regardless of your state of residence, these comments should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. It is always advisable to contact an attorney directly to find answers based on the facts unique to your case.

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  • If I am applying for SSD Can I get unemployment benefits if I am fired from my job after my short term disability is exhausted?

    I have been diagnosed with three disabling conditions while employed at my current job. I am currently receiving short term disability through my employer. When my short term is exhausted I will be terminated due to the fact I will not be able t...

    Gregory’s Answer

    If you remain unable to work due to your disability you most likely will not be eligible for unemployment benefits which, in most states, require at minimum that you are able to work and actively seeking employment. By applying for SSDI, you are stating that you are unable to engage in any substantial gainful work activity because of your disability that has lasted or is expected to last for at least 12 months. If you are denied SSDI or have questions about the disability benefits provided by your employer you should consult with an attorney in your area to ensure you are receiving all of the benefits to which you are entitled.

    DISCLAIMER: THESE COMMENTS ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND ARE NOT LEGAL ADVICE. Actual legal advice can only be provided after direct consultation with an attorney licensed in your jurisdiction. Answering this question does not create an attorney-client relationship or otherwise require further consultation. Attorney is licensed to practice law only in the State of Illinois and any responses relate solely to issues arising under Illinois law. Regardless of your state of residence, these comments should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. It is always advisable to contact an attorney directly to find answers based on the facts unique to your case.

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

    I need legal advice on my eligibility for SSI, based on psychiatric and physical disabilities. What should I do first.

    Gregory’s Answer

    Based upon your question, it seems you would likely be seeking Social Security Disability Insurance (SSDI) benefits which pays benefits if you or certain members of your family are insured, meaning that you worked long enough and paid Social Security taxes, and are unable to do any substantial gainful activity (SGA) by reason of any medically determinable physical or mental impairment that can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than 12 months. Supplemental Security Income (SSI) benefits are different in that they are based upon financial need and designed to help people with little or no income and have an asset limitation and other criteria for eligibility. Currently you can apply online for SSDI and find out more information at http://www.socialsecurity.gov/applyfordisability/ However, if you are planning on applying for both SSDI and SSI, you should ask for assistance at your local social security office where a claims representative will be able to assist you in completing the application.

    DISCLAIMER: THESE COMMENTS ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND ARE NOT LEGAL ADVICE. Actual legal advice can only be provided after direct consultation with an attorney licensed in your jurisdiction. Answering this question does not create an attorney-client relationship or otherwise require further consultation. Attorney is licensed to practice law only in the State of Illinois and any responses relate solely to issues arising under Illinois law. Regardless of your state of residence, these comments should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. It is always advisable to contact an attorney directly to find answers based on the facts unique to your case.

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  • Wrongful Termination- After 9 years at Company!Do I have a case?

    2 weeks after Returning from Medical Leave (FMLA) I was laid off. When I asked why I was chosen, I was told that they took the employees that had worked the least amt of hours in the past 3-6 months. I was on Medical Leave for 3 months because of ...

    Gregory’s Answer

    An employer generally violates the FMLA if it discharges an employee in retaliation for taking FMLA-protected leave. FMLA regulation 29 C.F.R. 825.220(c) states that "employers cannot use the taking of FMLA leave as a negative factor in employment actions, such as hiring, promotions or disciplinary actions…" However, these cases can often be difficult to prove and the viability of your case may depend on whether the jurisdiction in which you reside treats discharge claims as an FMLA interference or retaliation/discrimination cause of action. You should speak to a lawyer in your area that is familiar with your jurisdiction's treatment of these types of claims.

    DISCLAIMER: THESE COMMENTS ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND ARE NOT LEGAL ADVICE. Actual legal advice can only be provided after direct consultation with an attorney licensed in your jurisdiction. Answering this question does not create an attorney-client relationship or otherwise require further consultation. Attorney is licensed to practice law only in the State of Illinois and any responses relate solely to issues arising under Illinois law. Regardless of your state of residence, these comments should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. It is always advisable to contact an attorney directly to find answers based on the facts unique to your case.

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  • My employer is cutting my salary and asking me to work 40 hours and get paid hourly. If I quit do I get unemployment in Illinois

    My employer is cutting my salary and asking me to work 40 hours and get paid hourly. If I quit do I get unemployment in Illinois

    Gregory’s Answer

    In Illinois you are generally disqualified from collecting unemployment insurance if you quit your job without good cause attributable to your employer, unless you quit because of one of these reasons: health, sexual harassment, domestic violence, unsuitable work, acceptance of another job, failure to exercise bumping privileges or the need to accompany a spouse in the military. You may also be disqualified if you failed, without good cause, to apply for or accept a suitable job offered to you. However, one of the reasons a job may be considered unsuitable is if the wages, hours or other work¬ing conditions are substantially worse than the same kind of work performed in your area. You should consult an attorney who will likely need more information to determine if your situation could potentially give rise to a claim of “good cause” that would allow you to refuse to accept the new position being offered and still preserve your eligibility for benefits. You can also find more information about unemployment insurance from the Illinois Department of Employment Security at http://www.ides.state.il.us/

    DISCLAIMER: THESE COMMENTS ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND ARE NOT LEGAL ADVICE. Actual legal advice can only be provided after direct consultation with an attorney licensed in your jurisdiction. Answering this question does not create an attorney-client relationship or otherwise require further consultation. Attorney is licensed to practice law only in the State of Illinois and any responses relate solely to issues arising under Illinois law. Regardless of your state of residence, these comments should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. It is always advisable to contact an attorney directly to find answers based on the facts unique to your case.

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  • I am currently on SSDI due to a non-work related injury. Can i file for unemployment if my job is terminated?

    I have exhausted my PLA and was told that I will have to reapply for my position when I'm physically able to perform my duties. Don't I have to be terminated in order to reapply? If I am laid off, would i be eligible for unemployment if I go back ...

    Gregory’s Answer

    In order to be eligible for SSDI benefits you must be unable to engage in substantial gainful work activity because of a mental and/or physical disability that has lasted, or will last, for at least 12 months. With some limited exceptions, you normally cannot do substantial work during the first 12 months that you claim you were disabled. This generally conflicts with the eligibility requirement for unemployment benefits in most states, that you need to be able to work and actively seeking employment. There could be some factual situations where it might make sense to file for unemployment and SSDI; however you do not provide enough facts to determine if this is the case in your situation. You should consult with an attorney in your area to determine your best course of action.

    If you are interested in going back to work, the Social Security Administration has special rules that help you keep your cash benefits and Medicare while you test your ability to work called “work incentives” or “employment support” programs. You can find more information on their website at http://www.ssa.gov/work/

    DISCLAIMER: THESE COMMENTS ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND ARE NOT LEGAL ADVICE. Actual legal advice can only be provided after direct consultation with an attorney licensed in your jurisdiction. Answering this question does not create an attorney-client relationship or otherwise require further consultation. Attorney is licensed to practice law only in the State of Illinois and any responses relate solely to issues arising under Illinois law. Regardless of your state of residence, these comments should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. It is always advisable to contact an attorney directly to find answers based on the facts unique to your case.

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  • Can a green holder have SSI/SSD benefits?

    As a green holder, can I apply for SSI/SSD benefits? I have some disabilities.

    Gregory’s Answer

    Non–citizens must meet two requirements to be eligible for SSI: (1) you must be a “qualified alien” which includes those who are Lawfully Admitted for Permanent Residence (LAPR) in the U.S. (that is, having your green card), and (2) meet one of Social Security’s listed conditions that allows qualified aliens to get SSI benefits such as having qualifying quarters of work, or being a U.S. resident since August 22, 1996 and being disabled to name a few. A non–citizen must also meet all of the other requirements for SSI eligibility including the limits on income and resources. In regards to SSDI, it may depend upon how long you have been a resident, but generally you must have resided in the U.S. for 5 years to be eligible for SSDI along with meeting the other requirements for benefits under this program. You should inquire at your local social security office or seek the advice of an attorney who handles social security cases in your area to see if you qualify.

    DISCLAIMER: THESE COMMENTS ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND ARE NOT LEGAL ADVICE. Actual legal advice can only be provided after direct consultation with an attorney licensed in your jurisdiction. Answering this question does not create an attorney-client relationship or otherwise require further consultation. Attorney is licensed to practice law only in the State of Illinois and any responses relate solely to issues arising under Illinois law. Regardless of your state of residence, these comments should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. It is always advisable to contact an attorney directly to find answers based on the facts unique to your case.

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  • Can student loan debt collectors garnish retirement pensions and social security wages? Residents of Michigan & Georgia

    My dad resides in Michigan. I currently reside in Georgia. We are 12 months in defualt with private student loans. We seriously cannot afford the monthly payments on the loans. The debt collectors are threatening lawsuit and other courses of l...

    Gregory’s Answer

    There are a number of rules regarding wage garnishment and they will vary depending upon the applicable state law and local rules applied. Generally social security benefits are exempt from garnishment. And, while not impossible, it is difficult to garnish payments from a retirement plan especially if the plan contains anti-alienation provisions which would prevent the plan administrator from paying the benefits to anyone except the beneficiary. However, there are exceptions, particularly relating to child or spousal support, so you should contact an attorney licensed in the state where the creditors are seeking collection from you or your father.

    DISCLAIMER: THESE COMMENTS ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND ARE NOT LEGAL ADVICE. Actual legal advice can only be provided after direct consultation with an attorney licensed in your jurisdiction. Answering this question does not create an attorney-client relationship or otherwise require further consultation. Attorney is licensed to practice law only in the State of Illinois and any responses relate solely to issues arising under Illinois law. Regardless of your state of residence, these comments should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. It is always advisable to contact an attorney directly to find answers based on the facts unique to your case.

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  • I am an unemployed widow with two dependent children in IL. My question involves seeking Medicaid insurance for my children.

    My health insurance for myself and my two children will expire at the end of this August. Since I am currently receiving unemployment benefits and social security survivor benefits for my children, will I be eligible to receive Medicaid for at le...

    Gregory’s Answer

    Since you live in Illinois, you should consider applying for coverage for your children under the All Kids program at http://www.allkids.com/ which provides health insurance to children on a sliding scale based on family size and income. For example, a family of three with a monthly income of $2029 or less does not have to pay any premiums or co-payments for their children. They also have a family care program which might be able to provide health insurance for you as well.

    In regards to Medicaid, in most states, children who get SSI payments qualify for Medicaid. And some children can get Medicaid coverage even if they do not qualify for SSI. Check with your local Social Security office, your state Medicaid agency, or your state or county social services office for more information.

    DISCLAIMER: THESE COMMENTS ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND ARE NOT LEGAL ADVICE. Actual legal advice can only be provided after direct consultation with an attorney licensed in your jurisdiction. Answering this question does not create an attorney-client relationship or otherwise require further consultation. Attorney is licensed to practice law only in the State of Illinois and any responses relate solely to issues arising under Illinois law. Regardless of your state of residence, these comments should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. It is always advisable to contact an attorney directly to find answers based on the facts unique to your case.

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