Lyle Morrison Clark Jr's Answers

Can I get my social security disability money back I had to pay for prescriptions while waiting for medicare to start?

It is correct that there is a lengthy waiting period before Medicare eligibility kicks in. For most people receiving SSD, eligibility begins after they have been paid for 24 months. This includes months for which you may have received back pay. Thus, for example, if your first payment month was May of 2010, your Medicare eligibility would commence as of May 1, 2012. If your back benefits covered a period of more than 24 months, then you would be eligible for Medicare immediately and you...

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I have had a ssd attorney for the past 3 years. I recieved a call from ss telling me they have been trying to set a hearing.

This is the kind of confusion that sometimes results from the fact that the Social Security hearing offices handle such a large volume of cases. If your attorney had you sign a fee agreement and an Appointment of Representative form (SSA-1696), the hearing office should not have contacted you about the hearing date. Instead, they should have contacted your attorney. Your attorney should have advised you not to agree to a hearing date. You should then have informed the hearing office...

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Do I need an attorney to appeal disability denial by state of washington?

It sounds from your description that your denial was by DSHS rather than by Social Security. Under Washington law, you have the right to request a fair hearing. You do not need to hire an attorney; though it would be advisable to look for one. If I am correct in assuming that you cannot afford an attorney, you should try one or more of the low-income legal services in the area, such as the Seattle Community Law Center (SCLC) or Columbia Legal Services.

Can I collect Social Security,work 20 hours a week and draw unemployment at the same time?

The most important question is the one you haven't asked; namely, how much money can you earn and continue to receive benefits? The criteria for receiving Social Security disability benefits or SSI are not merely a medical. Part of the definition of disability is the inability to sustain substantial gainful activity. Under the current regulations, you would be performing substantial gainful activity if you do one of two things: (1) work more than 20 hours per week, or (2) have gross earnings...

Mental Illness and knee problems. Do I need an attorney?

In general it is always best to have an experienced Social Security attorney representing you if your claim for Social Security Disability has been denied because the chances of having your claim allowed will increase significantly. In the Seattle hearing office where I practice, the Administrative Law Judges always advise unrepresented claimants to obtain attorneys and offer to postpone their hearings to enable them to do so. In cases involving initial claims for benefits, Social Security...

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I am an undocumented immigrant but luckily have a valid social security. I'd been contributing, or paying my social security(SS)

I agree with the other attorneys who have recommended talking to an immigration attorney. You will not receive credits for your contributions to Social Security so long as you remain undocumented. In fact, I once represented a Mexican immigrant in a claim for disability benefits. He worked for several years as an undocumented alien, using a Social Security number that he invented. Then he was granted amnesty and became a US citizen. Social Security assigned him the same number. However,...

My mother is a resident alien and she lives with me. She is 66 years old and has never worked in the united states.

There are two Social Security trust funds. One is the old age retirement and disability fund. Your mother would not be eligible for benefits from this fund because she never worked and paid into the system. The other is the Supplemental Security Income (SSI) fund. This provides benefits for people without income and assets from which to meet their own needs. Whether your mother would be eligible or not would depend on when she first became a resident of the U.S. If she arrived after...

How do you stop social security garnishment for back child support--when child is over the age of 25?

You need to consult a famioly law attorney in your state to learn about the statute of limitations on unpaid child support and whether there might be any defenses to the collection of back support. Each state has its own laws concerning collection of unpaid support. For example, in the State of Washington where I practice, each month's support can be collected for up to ten years after the support payment became due. If any of your unpaid support is beyond the statute of limitations, you...

Is there a preferred method of applying for SSDI?

You are correct. There are three ways to apply for SSDI: By phone, by Internet, or in person. The Social Security web site can be found at www.ssa.gov. Social Security now prefers that applications be submitted by Internet. The advantage of doing so is that your application will be received by SSA's computer system instantaneously as soon as you click "send". The date of your application may affect the amount of your benefits if you are eventually found to be disabled. For example,...

Do Social Security benefits go to a common-law spouse?

Only a minority of states (about 1/3) recognize common law marriages as valid. Generally, in those states, more is required than merely living together. To create a common law marriage there must usually be an intent to be man and wife together with actions over a certain number of years that lead other people to believe you are married . Washington, where I practice, is one of the majority of states where common law marriage is not recognized. You should start by contacting a family law...