Brian S Wayson’s Answers

Brian S Wayson

Portland Social Security Lawyers.

Contributor Level 19
  1. Can I work part time and collect Social Security Disability Insurance?

    Answered over 2 years ago.

    1. Brian S Wayson
    2. Robert M Fortgang
    3. Dennis Alan Palso
    4. Gerald Gregory Lutkenhaus
    4 lawyer answers

    Who am I to judge, but if one can work 40 hours per week, even at minimum wage, then generally one is not considered disabled. You can continue to receive your Social Security Disability (SSD) or Supplemental Security Income (SSI) disability benefits while attempting to return to work. Please note, after a few small deductions, any income you receive will reduce your SSI benefits, if any, dollar for dollar. If you work, then it is possible that at some point (depending on your earnings)...

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  2. I have no assets and am being sued for credit card debt. My only income is direct deposit social security and military pension.

    Answered almost 3 years ago.

    1. Brian S Wayson
    2. Frank Wei-Hong Chen
    3. Donnie Dac Ho
    4. Tom Arany
    5. John Addison Vos
    6. ···
    6 lawyer answers

    If a creditor other than the federal government tries to garnish your Social Security benefits, inform them that such an action violates Section 207 of the Social Security Act (42 U.S.C. 407). NOTE: SSI payments are not subject to garnishment. Section 207 bars garnishment of your benefits. It can also be used as a defense if your benefits are incorrectly garnished. SSA has responsibility for protecting benefits against garnishment, assignments and other legal processes usually ends when...

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

    Answered almost 3 years ago.

    1. Mary Katherine Brown
    2. Clifford Michael Farrell
    3. Scott Joseph Whitbeck
    4. Brian S Wayson
    5. Kevin Lawrence Dixler
    5 lawyer answers

    Sequentially... Not really, no I do not, but as 'they' say, "no good deed goes unpunished." Because we love you. A closer reading of the posts would show many general questions, many nonsensical questions, many questions about general legal principles, many questions of federal law applicable across the fifty states, etc. Smells do not transfer across the internet. p.s. Have a nice day

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  4. My son has epilepsy and has filed for Social Security Disability but he was turned down, he has 60 days to file and appeal.

    Answered over 2 years ago.

    1. Brian S Wayson
    2. Stuart M Nachbar
    3. Clifford Michael Farrell
    4. Edward H Lee
    5. Yolanda Navarrete
    6. ···
    6 lawyer answers

    Whatever you do, try to be sure an make that appeal deadline. According to the General Accounting office of the US Government, the percentage of ultimately favorable decisions for claimants with representation was about 61% compared to 39% without representation. With representation you are more likely to win your Social Security Disability benefits. In my opinion you should get an attorney as early in the process as possible as there is no fee unless you are awarded benefits (...

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

    Answered over 2 years ago.

    1. Brian S Wayson
    2. Clifford Michael Farrell
    3. Paula Brown Sinclair
    3 lawyer answers

    You need to contact your attorney directly and ask her or him any questions you might have or address any concerns bothering you, including the letter you reference. If you communicate with a staffer and then the staffer communicates with the attorney sometimes there is something 'lost in translation' - as tone of voice, context, etc. does not always get transferred as clearly as one would hope. Perhaps that is what happened in this instance as you posted that you communicated with staff then...

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  6. I have been intentionally and maliciously (criminally) injured in the hospital by women and they conspired with the government

    Answered almost 3 years ago.

    1. Christian K. Lassen II
    2. Christine C McCall
    3. Neil Ian Fleischer
    4. Joshua Robert Dale
    5. Brian S Wayson
    5 lawyer answers

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  7. Worker's Comp and Social Security.?

    Answered almost 3 years ago.

    1. Brian S Wayson
    2. George Ellis Corson IV
    3. Clifford Michael Farrell
    3 lawyer answers

    Unfortunately, if your WC settlement is already in effect there is not much that can be done about it at this point. If you disagree with a notice of award from Social Security you must appeal it within 60 days, so do not delay in taking action. Your WC settlement needed to contain the "magic language" indicating that any settlement for lost wages / earning potential was prorated over your life expectancy (a longer period calculated based on your current age and continuing past retirement...

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  8. What is a K-1 form. We receive one because we are in a family partnership in the building the business is run out of.

    Answered almost 3 years ago.

    1. Brian S Wayson
    2. Christopher Michael Larson
    3. Phillip Monroe Smith
    3 lawyer answers

    The K-1 is the statement of the partnerships gain or loss and other information and you need to report this information on your personal taxes when you file them. If you are an owner of a partnership, LLC, S-corp, or other entity that passes through taxes to its owners, in most cases you will receive a K-1 form each year. The K-1 is prepared by the entity to distribute to owners/shareholders to outline their portion of the income, loss, and deductions. Similar to a 1099 form received that...

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  9. Would my child be eligible for SSDI for Migraines?

    Answered almost 3 years ago.

    1. Brian S Wayson
    2. Clifford Michael Farrell
    3. Marilyn Hamilton
    4. James Allen Hammontree
    4 lawyer answers

    Presuming you are awarded your SSDI benefits, so long as your child is under 18 (or under 19 and still in high school) he will be eligible to receive the auxiliary dependent benefits based on your receipt of SSDI. Your child also could apply for Supplemental Security Income (SSI) disability benefits based on his condition (but your income and resources will count against his financial eligibility for this program.) Once your child is within a couple of months of aging out of receipt of the...

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  10. If a person is receiving VA benefits, if they apply and get approved for SSDI, will the VA benefits be decreassed?

    Answered over 2 years ago.

    1. Clifford Michael Farrell
    2. Brian S Wayson
    3. Francisco Javier Gonzalez
    3 lawyer answers

    As my esteemed colleague indicated, if you are receiving service connected disability compensation program / service connected disability benefits then receipt of SSDI will have no impact on the VA benefits. Best of luck to you.

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