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Gerald Gregory Lutkenhaus

Gerald Lutkenhaus’s Answers

3,629 total


  • 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.

  • Yesterday while I was collecting razors and inmate got out of his cell door due to faulty equipment can I Sue him or the jail

    Gerald’s Answer

    You certainly would have a workers compensation claim against the jail. However, because the jail carries workers compensation insurance that bars a claim against the jail for personal injuries you suffered from this assault. Of course, you could sue the inmate but he probably has no assets.

  • How can I get help on my claim If my age and work history is the only thing that everyone is looking at?

    Gerald’s Answer

    If you are 36 with a last insured date of September 30, 2020 and you have already lost your disability case before a judge, then you have a very difficult problem. If this judge says you were not disabled before September 30, 2020, then your only recourse would have been to appeal that judge's decision in the hope you could overcome the decision on appeal. if you did not appeal, then your only recourse now would be to file for SSI or Welfare Disability if you now have more proof of disability. In 2022 SSI will pay you $841 per month if you are found disabled.

  • Will my son’s Survivor’s benefits end if I get married?

    Gerald’s Answer

    Your child's benefits are unaffected by your re-marriage. if you are receiving spousal benefits they would end with your re-marriage.

  • Can i qualify for SSDI??

    Gerald’s Answer

    You indicated you are 59 but you cannot apply for Social Security Disability because you lack work credits. You do get out what you pay in. In your case, unfortunately, you did not work enough and pay in to the system enough to qualify.

    You can consider filing for SSI (welfare disability). However, you cannot do this if your cash assets exceed $2,000 or you are married and your husband's income disqualifies you.

    You can check with SS and find out how many work credits you lack to qualify. If it is only a few quarters perhaps you can find a light duty job which you could work for a few months to qualify for SSDI. Check with your State Department of Rehabilitation.

  • I got $2,900.00 from a settlement. I get food stamps every month; should I report it?

    Gerald’s Answer

    Food Stamps are a form of welfare. Usually, most welfare programs do not allow you have more than $2,000 in the bank. Your expected money exceeds this by only $900. You should report it but if you spend it down below $2,000 hopefully you will only be disqualified for Food Stamps for one month.

  • What can my mom and I do so the government don't take our ssi away. Fixing to get my uncle money from a law suit.

    Gerald’s Answer

    SSI is a form of welfare. As such, usually you cannot have more than $2,000.00 in the bank. If you and your mother directly inherit money in excess of $2,000, then your SSI checks will be jeopardized. You should speak to a lawyer who handles Special Needs Trusts who may be able to help you.

  • Can I settle on a lifetime award?

    Gerald’s Answer

    If you have not had medical care paid by the worker's compensation insurance carrier in 10 years, then your claim is not costing the insurance company any money. Therefore, they will assign little or no value to your claim. if your surgery was due to the accident, then you may want to file a claim to get the worker's compensation carrier to pay for this surgery. That could precipitate a decent settlement of your lifetime medical award. If your attorney is not interested in your case any longer, then you request that he release you from your contract with him and look for another workers' compensation lawyer.