Robert Terence LaPorte’s Answers

Robert Terence LaPorte

San Jose Social Security Lawyers.

Contributor Level 5
  1. How do I get off Social Security Disability?

    Answered over 1 year ago.

    1. Robert Terence LaPorte
    2. Clifford Michael Farrell
    2 lawyer answers

    The quick response is that you should report your work activity to the Social Security Administration. You can not assume that the filing of tax returns to the IRS meets the SSA work-reporting requirement. At this time, you can report your return to work on the SSA.gov website, or you can make an appointment to discuss your situation at your closest SSA field office. However, to better answer your question, it would be important to know your age, and whether you are receiving disability...

    6 lawyers agreed with this answer

  2. I was denied Social Security Disability and appealed that decision but haven't heard anything and don't know what to do...

    Answered almost 2 years ago.

    1. Robert Terence LaPorte
    2. Theodore S. Huang
    3. Edwin Arnold Anderson
    4. Lawrence John Gibney Jr.
    4 lawyer answers

    If you filed an appeal of your application denial over a year ago, you should have received a response from SSA long ago. You should try to call your local SSA field office, or try the SSA 800 number (800)772-1213. If you can't get through, go to the SSA office where you filed your application to determine the status of your claim/appeal. Also, you should contact an attorney in your area who specializes in Social Security disability matters.

    5 lawyers agreed with this answer

  3. Can a lawyer do anything about possible bias in a Social Security Disability case?

    Answered almost 2 years ago.

    1. Robert Terence LaPorte
    2. Paula Brown Sinclair
    3. David J. McCormick
    4. Clifford Michael Farrell
    5. Edwin Arnold Anderson
    6. ···
    6 lawyer answers

    Below are some links to SSA rules/publications concerning allegations of bias by an ALJ or by SSA. While these links will clarify the bases and procedures for bias, I do not recommend that you file a claim alleging bias, given the limited information in your question. A case technician would or should not determine the criteria for when a case will be decided in an On the Record (OTR) review, and this case technician may not accurately be stating the ALJ's opinion concerning OTR rulings in...

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  4. Can Social Security use common law marriage both ways?

    Answered over 1 year ago.

    1. Amanda Marie Cook
    2. Robert Terence LaPorte
    3. Clifford Michael Farrell
    3 lawyer answers

    It sounds as if the SSA claims representative made an initial decision that you and your boyfriend were "holding yourself out" as husband and wife to the community, and therefore could be deemed married for SSI purposes. Below is a link to the SSA POMS rule which allows SSA to consider you as married for SSI purposes even if you have not formally married under state law. Just having your name on the mortgage with your boyfriend would not be enough; SSA is required to look at a number of factors...

    3 lawyers agreed with this answer

  5. If my drivers license is taken away due to a disability, will this make it easier to obtain SSDI beneifts?

    Answered almost 2 years ago.

    1. Robert Terence LaPorte
    2. Nicholas Basil Spirtos
    3. Danielle E Creedon
    4. Clifford Michael Farrell
    4 lawyer answers

    In my experience, SSA will not give much weight to non-medically related transportation problems in getting to and from the typical job. However, if your job is as a commerical driver, and the job requres a specialized drivers license, then medical reasons for the loss of the driving privilege may be an important factor in your SSDI case.

    3 lawyers agreed with this answer

  6. I need help with refiling for disability for my daughter who is 29 years old and can't work

    Answered over 1 year ago.

    1. Robert Terence LaPorte
    2. Clint Curtis
    3. Andrew W. Norfleet
    3 lawyer answers

    If your daughter's previous application was denied more than 65 days ago, she will need to file a new application for disability. It would be important for you and your daughter to consult with an experienced Social Security Disability attorney who practices in your area. Because your daughter is a "younger individual" she must establish that she can not perform any full-time jobs, even the most sedentary and least demanding jobs, for a period of at least 12 consecutive months. You may also...

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  7. Is it worth it to go to my Social Security hearing? What should I do? Please read details below.

    Answered over 1 year ago.

    1. Clifford Michael Farrell
    2. Robert Terence LaPorte
    3. Edwin Arnold Anderson
    3 lawyer answers

    I agree with the answer provided by Mr. Farrell. I would add only the fact that your prior attorney would not have a "lien", but would be required to file a petition for attorneys fee for approval of an authorized fee in the event that your case were approved at a hearing. You would have the right to respond to your attorney's petition for attorneys fees. Any new attorney would also have to file a petition for attorney fees if your case were approved, and benefits paid. I would get at least...

    2 lawyers agreed with this answer

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  8. I need to find a lawyer that will help my husband try and reopen a disability claim.

    Answered almost 2 years ago.

    1. Brett A. Borah
    2. Robert Terence LaPorte
    3. George Ellis Corson IV
    3 lawyer answers

    If you are trying to reopen a DIB claim, reopening a prior SSA decision can be done within 4 years. If you are trying to reopen an SSI decision, reopening is limited to decisions made within 2 years. I would have to have more information to know why your husband is receiving such a low monthly benefit.

    2 lawyers agreed with this answer

  9. My psychologist said he'd back me with social security disability claim but will Social security accept a psychologists word?

    Answered over 1 year ago.

    1. Clifford Michael Farrell
    2. Robert Terence LaPorte
    3. Matthew Erik Johnson
    3 lawyer answers

    Below is the link to Social Security Ruling 06-03P which says that licensed clinical psychologists are "acceptable medical sources" for purposes of both treatment evidence and opinion evidence. I would get a second opinion from another, local attorney who specializes in Social Security disability appeals. Your neurologist and psychiatrist may not be willing or able to provide supporting opinions of disability, but their treatment records and reports, together with the evidence and opinion of...

    1 lawyer agreed with this answer

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  10. I have been diagnosed with a rare and terminal disease and want to know if Social Security will speed up the process now?

    Answered over 1 year ago.

    1. David Andrew Mallen
    2. Robert Terence LaPorte
    3. Paula Brown Sinclair
    4. Theodore S. Huang
    4 lawyer answers

    Below is a link to the SSA webpage for Compassionate Allowances, which provides the list of 200 conditions SSA presently recognizes as entitled to a fast-track approval process. Even if your condition is not one of those listed, you should consult with an attorney in your area; and ensure with your doctor that your condition is sufficiently documented. Good luck. http://www.ssa.gov/compassionateallowances/

    1 lawyer agreed with this answer

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