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Michael J Haller Jr.

Michael Haller’s Answers

14 total

  • If there are such firms as Binder & Binder - is it possible to choose a Social Security Disability attorney from AVVO

    from any State? Is it something that can be done by email or phone/fax, etc.?

    Michael’s Answer

    This link provides a good article about steps to take to hire an attorney.
    It gives you many constructive things that you can do to make sure you choose the right lawyer.

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  • I get ssi aned they set up a checking accout and don't give me no checks or chyredit card no my moms not payee and frozen my acc

    ont can i sue bank of america for them taking my money and doing every thing illegal

    Michael’s Answer

    Can you sue the Bank of America? I will assume that is where your SSI benefits are being deposited. I will assume your name is on the account. But I can't assume from your question who "blocked your account" .... and with this much information, I would say no, you can't sue the bank.
    You can advise SSA that you want to change where your benefits go: debit card, different bank account, etc. What is a concern is whether you are an adult, or if you have a payee. If you are a minor, or mother is a payee, this option won't work.
    The first best option is to speak to a personal banker at this bank. Find out what is the reason for the account being blocked.
    If you have done these things, you likely will want to contact an attorney or Legal Services. Your state law may apply and I can't speak to those issues.

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  • How to answer social security disability medical exam questions

    Have a cdr and medical exam with their dr. I'm confused how to answer something. Lets say they ask me if I can bend over. If technically, I can force myself to bend over, but it's painful, and I'm more sore than usual after and need to lay down...

    Michael’s Answer

    Arrive early. Traffic or last minute confusion about the location of the CDR can get you on the wrong foot. Remember: early is on time!

    I always suggest having someone go with you. Have them note the time when you go back to the examining room and return. Also, have a watch so you can note when the doctor began and ended the exam.

    Written questions need to be answered truthfully. If there are limitations as you describe above in your Question, write them down somewhere on the form. The same is true for questions in the exam room.

    The CDR (continuing disability review) means that you are already receiving benefits. Don't exaggerate or magnify things. If you have pain, say so. Excruciating pain, extreme pain - these words used to describe pain are subjective - and really may not mean anything to the doctor. If asked if you have pain, answer yes or no as appropriate. [if no further questions about pain are asked, ask to clarify later before you leave].
    Be careful with how you express things: 24/7 pain would indicate you don't sleep - that is, how would you know??

    Good luck!

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  • Deduction from Resources for SS) Eligibility due to Legal Expenses Incurred in Securing Adult Child Support

    A family member has a disabled adult daughter. She secured child support (CS) for her daughter as a minor. The ex then tried to apply for SSI for the daughter to offset a portion of the CS. SSA awarded SSI to the daughter. mother is rep payee.....

    Michael’s Answer

    This matter is going to require an attorney familiar with SSI law and family law in your State. I don't think the POMS section says what you want it to say. However, with help from an experienced attorney, the overpayment may be overcome. Do not hesitate to contact Legal Aid if private attorneys are not interested in helping you. These, in my opinion, are more experienced and knowledgeable in overpayment cases, than private attorneys.

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  • Securing a death certificate and Widower benefits concerning a long lost wife.

    A friend in California married a woman in 1981 and they lived together for a year. Then this wife left him and disappeared and he never saw her again They never officially terminated their marriage or divorced. This friend is now engaged, and ...

    Michael’s Answer

    I would suggest that your friend contact the department of vital statistics in the State where the person died. Normally, for an administrative fee, the death certificate can be obtained with an online request.

    Your friend can place a toll-free call to 1-800-772-1213 can get the application started, with or without the death certificate. However, I recommend that your friend review so that he doesn't complicate or compromise any of his other benefits.

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  • I just won my case for s.s.i will still be able to get it if i get married

    i had just won my case for s.s.i and i have planed on getting married but i need to know if it will mess with the s.s.i

    Michael’s Answer

    When you applied for SSI benefits, you promised to report any changes. The first link below will provide you with what you need to report.

    The second link answers the question: "If you get married, separated or divorced."

    SSI benefits are based on assets. If a marriage changes yours, yes, it could "mess with the s.s.i."

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  • If you are receiving Social Security disability payments and win the lottery or prizes from contests does if affect you SSD

    so, if you receive social security disability and win the lottery or other cash prizes from contests this will not affect you social security disability payments?

    Michael’s Answer

    • Selected as best answer

    You say you receive "social security disability" - as long as none of the money you receive is for Supplemental Security Income, you do not need to report it to Social Security. However, the Internal Revenue Service will be very glad to hear from you!

    The first link below takes you to SSA's website of what you have to report when you receive disability. The second link is for SSI and what you must report.

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  • Have questions regarding Social Security Disability.

    I was out of work for 3 years (8/2/05 - 8/1/08 due to degenerative disc disease in my back. I applied for Social Security Disability and was denied 3 times. After going before the final review board (court)to close out the time I was out of work...

    Michael’s Answer

    It sounds like you will need to file a new application.

    Review the decision that indicated you were disabled. If "closed period" is mentioned, that claim has been decided and nothing remains open.

    There is something called an "extended period of eligibility" but if yours was a "closed period" it would not apply.

    The steps you need to file for disability with SSA are to do so online, in person, or by telephone. I have provided a link if you decide to apply online.

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  • Since my disability checks come in the for me section can i cash my own checks.

    I do not like the way that my parents handle my disability check, can i do something to change that

    Michael’s Answer

    If your parent is your representative payee for Social Security Disability benefits, you can not cash the check.

    If you have a complaint about the management of your funds, you must file that with the SSA, BUT I would encourage you to discuss the matter with your parents first. Perhaps there is a misunderstanding. Input from you could change how they "handle" your disability check.

    The rules are clear what they must do - and they report to SSA what they do with your funds.

    You may also find some information at the link below "FAQs for Beneficiaries Who Have a Payee."

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  • Will my SS Disability be lowered if I accept a WC settlement?

    I receive approx $700 SS Disability because of a Pennsylvania WC claim. If I accept a $25,000 lump settlement will my disability be stopped or prorated?

    Michael’s Answer

    Review the previous two excellent answers.

    I would add that you should make sure to consult a social security disability attorney in your state. Each state has different things about their workers' compensation law - you want to make sure that magic language is in the correct way for your state to make sure there is as little change as possible to your SS disability benefits, and, as stated in one answer, benefits may go up.

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