...that I may of been able to collect off his social security instead of what amount they have me on now. Is it still possible to try & get my Dads social security instead of the low amount I am on now? I read that my disability has to be from age 22, mine has been since age 9. Only thing is that I dont have doctors from age 9 since my mother never took me to see one about this. But my doctors now that i have will say that its been with me since age 89...how do i handle this?
Social Security Lawyers
There are too many facts missing here. We do not know your age, we do not know ifyour father is alive or deceased, and if he is alive, we do not know if he is getting any social security benefits - disability or retirement. There are many other questions that need to be answered before this question can be answered.
What I can tell you is that SSA almost always has a person file for every type of benefit they are eligible to recieve when they apply for any type of benefit - the regulations require them to do that. They ask information about parents, spouses, work activitiy - all to figure out if there are any extra benefits you are due.
If you still are not sure they did it right, you may want to talk to an attorney in your area so you can review the specific facts with counsel. You may contact your local city, county or state bar association to see if they have a lawyer referral program, or you may contact the National Organization of Social Security Claimants' Representatives (NOSSCR) for the name and email address or telephone number of attorneys in your area. Most attorneys who do any amount of Social Security work are members of NOSSCR and provide a free initial consultation. In any event, no attorney may charge a fee for work on a social security claim until it has been approved by Social Security. The fee limit is a maximum of 25% of past due or back due benefits you are owed, and many lawyers charge less than the full 25%, and the money is not paid until your claim has been approved.
The telephone number for the lawyer referral service of NOSSCR is 1-800-431-2804. NOSSCR's website is www.nosscr.org.
In addition, you can find a Board certified specialist in Social Security by contacting the National Board of Trial Advocacy. They evaluate lawyers (independently) in many types of claims and require extensive experience and testing before a lawyer is certified. They have a section specifically for Social Security: The National Board of Social Security Disability Advocacy, Divisions of the National Board of Legal Specialty Certification.
Their link is: http://www.nblsc.us/
You may also contact NADR (National Association of Disability Representatives) www.nadr.org – automated Telephone Referral System at 1-800-747-6131
I hope this information helps. Good luck to you!
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The exact answers to questions like this require more information than presented. The answer(s) provided should be considered general information. The information provided by this is general advice, and is not legal advice. Viewing this information is not intended to create, and does not constitute, an attorney-client relationship. It is intended to educate the reader and a more definite answer should be based on a consultation with a lawyer. You should not take any action that might affect your claim without first seeking the professional opinion of an attorney. You should consult an attorney who can can ask all the appropriate questions and give legal advice based on the exact facts of your situation. The general information provided here does not create an attorney-client relationship.
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Estate Planning Attorney
I agree with Mr. Farrell and would only add that since we do not know when you filed and the other details surrounding your circumstances, we do not know whether all the information was disclosed to SSA at the time. That means the person handling your initial claim, while under an obligation to ensure you have applied for all benefits you might qualify for, may not have known you qualified for certain benefits. I agree you should first ask for a free consultation from a local disability attorney. Make sure to tell them all the facts, including what SSA was told when you applied.
Disclaimer: This answer sets up no attorney/client relationship. The information provided here is done so as general information only and is not intended as legal advice.
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Social Security Lawyers
If you have been disabled since childhood you can get benefits generally one of two ways: you can claim SSI, if you are financially eligible and don't have enough work credits to have an SSDI claim. Second, a person who has been disabled since childhood (before age 22) has a parent who is disabled, retired, or deceased. In those circumstances, people like you can make a claim off of a deceased parent's work record and will often receive a higher benefit than he would under SSI. You need to see a social security disability lawyer.
Actual legal advice can only be provided by an attorney licensed in your jurisdiction, with experience in the area of law regarding your question. The information provided is for informational purposes only and is not legal advice.
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