Athena Leslie McMahon’s Answers

Athena Leslie McMahon

San Mateo Family Law Attorney.

Contributor Level 6
  1. Friends with SSA who never worked get both SSI and SSA

    Answered 11 months ago.

    1. Athena Leslie McMahon
    2. Mikel Edward Lupisella
    3. D K Kevin Dugan
    3 lawyer answers

    Most likely they are getting SSA based on a parents Social Security record/benefits. Their parents worked, and that is why the parent has SSA available to them and to their disabled children.

    6 lawyers agreed with this answer

    1 person marked this answer as helpful

  2. I have sole legal and physical custody of my son. Can his father stop our move out-of-state?

    Answered 11 months ago.

    1. Athena Leslie McMahon
    2. Tristan Tegroen
    3. Debra Vaniman Crawford
    4. Thomas Allen Neil
    5. Kathryn Mary Holton
    5 lawyer answers

    It really depends on several factors. If you indeed have true sole physical custody and legal custody, it will be difficult for him to stop you. He would have to show that it would be detrimental to the child to move. I would get a lawyer and see if you can negotiate it out of court if possible, since hearings can lead to a trial easily on a move away, even where you have a very strong case for the move. A good lawyer can make all the difference in informing you and your ex what your rights are...

    3 lawyers agreed with this answer

    1 person marked this answer as helpful

  3. I live in CA. I am contemplating divorce. he knows about it. If we are still living under the same house does he has to pay the

    Answered 10 months ago.

    1. Anne Marie Healy
    2. Wail Sarieh
    3. Athena Leslie McMahon
    3 lawyer answers

    yes, even if you are going through a separation you can ask for temporary spousal support and request for expenses of the household to be paid.

    3 lawyers agreed with this answer

  4. I am filing a ss disability first appeal. can i get an extension on the time limit to file the appeal if i am hospitalized?

    Answered about 1 year ago.

    1. Athena Leslie McMahon
    2. Vance Tate Davis
    3. Gerald Gregory Lutkenhaus
    3 lawyer answers

    I agree with the other answers here, and since I have worked in a hospital before, I know it is quite difficult to get things done. However, you can go online, print the form out and fill it out. You then simply have to mail it in, but it would be better to have a friend bring it in to a local SSA so you can get it date stamped. If it is late, you write a note explaining that you are in an inpatient facility and that is good cause for an extension for filing.

    3 lawyers agreed with this answer

  5. Social Security Disability for Asperger's syndrome?

    Answered 11 months ago.

    1. R. Matthew Stewart
    2. Mikel Edward Lupisella
    3. Thomas H. Rosenhagen
    4. D K Kevin Dugan
    5. Athena Leslie McMahon
    6. ···
    7 lawyer answers

    I am going to have to agree with Thomas Rosenhagen's answer. SSA will be looking to see what past relevant job skills they have, but also a variety of other factors can come into play such as their age, physical limitations/disabilities (if any) and also language, education and abilty to do simple tasks such as taking care of themselves. It is best to consult with an attorney first to see whether or not you would be a strong candidate.

    4 lawyers agreed with this answer

  6. Due to parent alienation I hired a lawyer, went to court, found out mother is homeless, yet judge orders mother with girl child

    Answered 4 months ago.

    1. Steven Howell Marcus
    2. Athena Leslie McMahon
    2 lawyer answers

    I agree with the previous response. In this situation, it would be helpful to understand why you have not seen the child in 29 months or sought legal remedies for visitation despite the alienation issue. If your attorney is not responding to your calls or requests, you should find a new lawyer before any thing further develops in your case.

    2 lawyers agreed with this answer

  7. What form to use when beginning representation of FL client in a custody matter? Form FL-950 covers limited scope.

    Answered 10 months ago.

    1. Edna Carroll Straus
    2. Stephen Ross Cohen
    3. Athena Leslie McMahon
    3 lawyer answers

    use the MC 050. However, the 950 is a wonderful form ifyou only plan on limited action in the case (i.e. you are only helping them to get a child custody modification.) 950 is really useful is that it tells the court exactly what you are counsel for. You can get in trouble just being a general attorney of record for family law because when hearings come up, the judge can think you are handling all parts of their custody matter, for example support, move away etc.. so if you are just helping in...

    2 lawyers agreed with this answer

  8. How and what to do to keep SSI check from getting terminated!!!

    Answered about 1 year ago.

    1. Athena Leslie McMahon
    2. Ingrid Arnalda Morfa
    2 lawyer answers

    This is a tricky one which will likely require some self advocacy. You will need to go in to Social Security and ask to speak to a manager. You will then need to explain that your mothers SSI was suspended due to her termporary move out of the home which is her primary residence. You would need to explain to the manager in the local SSA office that your mother is staying somewhere else temporarily due to the home being inhabitable and unsellable due to its deteriorated condition at this time....

    3 lawyers agreed with this answer

    1 person marked this answer as helpful

  9. I am on SSDI and am interested in supplementing my income with part time work. I am involved with the ticket to work in NJ

    Answered about 1 year ago.

    1. Athena Leslie McMahon
    2. Ingrid Arnalda Morfa
    3. Robert Bond
    4. Fredrick P Niemann
    5. Clint Curtis
    5 lawyer answers

    A lot depends on what your actual disability is and whether or not it has improved and whether or not you have better ability to provide for yourself financially. Make sure to document any problems or limitations you have at work (can only have limited time on feet/can only work in isolation/medications effect on concentration/effect of ongoing mobility issues etc). It also helps to talk to your doctor about ongoing physical or mental health impairment you struggle with, as it keeps a record...

    Selected as best answer

  10. Could i apply for ss disability spousal benefits if i work and husband does not. He has already been receiving benefits

    Answered 11 months ago.

    1. Mikel Edward Lupisella
    2. D K Kevin Dugan
    3. Athena Leslie McMahon
    3 lawyer answers

    If you are working and earning over a certain amount, you really need to see a lawyer to look at what your options are.

    3 lawyers agreed with this answer

415-379-0621