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Gerald Gregory Lutkenhaus

Gerald Lutkenhaus’s Answers

3,636 total


  • Can kids get SSDI from noncustodial parent?

    Gerald’s Answer

    You indicate the non-custodial parent is claiming disability but has not filed for it. I don't think you can file for him. I don't do child support but you should look into pursuing him for child support. This may caused him to file for Social Security Disability. He cannot get out of that child support obligation by just claiming he is disabled. If he is awarded disability, then you could receive a check for the child as the custodial parent.

  • Should for both a workman's comp claim and a personal injury claim?

    Gerald’s Answer

    Often a work injury is also a personal injury. However, the workers' compensation may bar you from filing a personal injury. Also, any recovery you receive from the workers' compensation claim may be a lien on your personal injury claim. This is often very complicated so often it can make sense to have the same attorney handle both claims. I suggest you discuss these issues with your current attorney. I practice law in Virginia and the workers' compensation is different in every state.

  • Will my VA disability and Social Security disability benefits be affected if i sell my father’s property I inherited?

    Gerald’s Answer

    Your Social Security Disability benefits are based on your wage history and they are not affected by other income or assets that you have. If you have service related VA benefits, they would not be affected by other income or assets that you may have.

  • Witness for a disability hearing

    Gerald’s Answer

    When the issue is a mental disability, a lay witness can be very helpful. Even if the witness is on disability is or herself, he or she can testify. His or her disability status does not have to be disclosed unless a question is asked about it. Talk to your attorney about this.

  • Alj made a favorable decision before hearing ?

    Gerald’s Answer

    Depending on the office, in my experience it can take 30-90 days before you receive your decision.

  • Social Security owe me 8500,and they have not released my money and all my bills are behind?

    Gerald’s Answer

    If money is being deduced from your check, it may be for an overpayment of benefits in the past. I suggest you make an appointment at the local Social Security office and obtain an explanation. You can also contact your Congressman and if they have a Social Security troubleshooter on staff they may be willing to assist you.

  • Can American Express garnishment my bank account from retirement income

    Gerald’s Answer

    Social Security benefits are exempt from garnishment. However, you need to find out if your pension is exempt from garnishment. Also, if you mingle the two benefits together in the same account you may lose the Social Security exemption.

  • My husband and have lived in separate homes for almost 3 years. He has never paid child support am I able to file? How far back?

    Gerald’s Answer

    If you have been awarded SSDI, then you also should receive auxiliary benefits for your minor children. However, you can still pursue your husband for child support for the children. Usually, the obligation to pay child support ends when the child reaches the age of 18. Of course, hindsight is foresight. You should have filed for child support from him long ago. I don't think the courts will award retroactive child support but you should ask when you go to court and file for the child support.

  • SSDI hearing was 27 July - within 36 hours the SSA website now states "Administrative Judge has completed reviewing your appeal"

    Gerald’s Answer

    I agree with my colleagues. You just have to wait for the decision by the judge. Hopefully, your attorney was right and it went in your favor. Of course, you can ask "your attorney" questions about your case that is why you hired the attorney.

  • What can he do?

    Gerald’s Answer

    If the employer does not report his accident to the Virginia Workers Compensation Commission, then he should call the Commission and file his own claim. The number is 1-877-664-2566. Hopefully, the employer will report the accident to his workers compensation carrier and the carrier will provide your boyfriend a doctor and compensation when he is out of work. if this is a serious back injury that incapacitates your boyfriend for a lengthy period then he should consult a workers compensation attorney.