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Kevan Spence

Kevan Spence’s Answers

12 total


  • Is traveling to visit family in another state allowed once approved for SSI ? For 2 months?

    Kevan’s Answer

    There is no restriction on the type of trip that you are planning. However, you should make sure that you arrange to receive any mail or other communications from Social Security. If an update or information is required and you do not respond, it is possible that your benefits might be suspended.

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  • Can I lose my social security survivor benefits if I get a insurance life Settlement?

    Kevan’s Answer

    If you are on Social Security retirement benefits through your own or your spouse's earnings record, you will not lose your benefits if you sell any asset, like a life insurance policy. With retirement benefits, your benefits are based on earnings and not your assets or resources. However, if you are receiving benefits through SSI, that is a needs-based program and certain assets and resources can count against you, including having or selling a life insurance policy. It is important to confirm which program applies to you.

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  • Can my wife claim lost wages for on going back problems?

    Kevan’s Answer

    Without knowing all the details regarding age, past work and other relevant information it is hard to say. Consulting with a qualified and experienced Social Security Disability attorney will provide insight. In the meantime it is important to file an appeal within 60 days of the denial to keep the claim going while searching for a qualified practitioner. An attorney in this specialty consults at no cost and without any obligation. Regards, Kevan Spence

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  • I went to my hearing for ssi in front of the judge judge is sending me to a internal medicaion doctor before he makes s descion

    Kevan’s Answer

    The judge likely believed that he or she required additional medical information that Social Security had not yet obtained before making a decision. Twenty-six months may be the time from when you filed your initial application, not from the time of your hearing. This is about average for our district for pending Social Security disability claims from application to hearing. After the internal medicine evaluation, you or your attorney or representative may request a copy of the evaluation and respond with any additional evidence. Then the judge will likely issue a decision, which can take anywhere from 30 days at the earliest to 4-5 months from the date of the hearing.

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  • If I receive SSI and later start receiving Disabled Widows Benefits also, will the widows benefit effect the amount of my SSi?

    Kevan’s Answer

    Your disabled widow's benefits will likely impact the amount of SSI that you can receive. SSI is a needs-based program, so income, assets or resources may affect your SSI eligibility amount. You will need to contact Social Security to figure out the effect that your widow's benefit will have on your SSI, and it may replace your SSI benefit entirely depending on the amount. Social Security is your best source of information for this issue.

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  • I was just awarded a partial decision on my disability case that ive been fighting since 2008. they don't go back to date filed

    Kevan’s Answer

    You don't state whether yours was an SSI or SSDI case. SSI cases if fully approved go back to the filing date. SSDI cases go back to one year prior to filing or the onset of disability, whichever is the later date. Even though Social Security determined a later onset date than one with which you are happy, I very rarely if ever counsel clients to appeal the onset date. It is more important to receive your benefits going forward than it is to attempt to capture back benefits for many reasons. The onset date as determined by Social Security would not be based on an event such as meeting your doctor who correctly diagnosed your condition. It would be based on whether or not there was sufficient objective medical evidence and whether appropriate medical testing determined that you met the Social Security criteria for disability.

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  • What is the course of action if Social Security Administration has called me to the office?

    Kevan’s Answer

    Your insured benefits under Title II (Social Security Survivors', Retirement and Disability) should not be imperiled by income received that is not a result of work for wages. However, Supplemental Security Income (SSI) is dependent upon meeting SSA's strict rules for financial eligibility. It appears that you will need to provide proof that you did not actually receive income from the complicated business structure you describe, despite your official title of CFO and income reflected on your tax returns from your father's businesses. You would be well advised to seek a qualified attorney's assistance and/or CPA for advice for this purpose. Good luck.

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  • What can I do about rep payee withholding my money

    Kevan’s Answer

    Social Security determined that you needed a representative payee to handle your benefits. The representative payee is required to account for the benefits received on your behalf and must use the funds to make sure that your day-to-day needs for food and shelter are met. After your basic needs are met, the payee may spend the money to improve your daily living conditions or for better medical care. If there is money available, the payee may even use the funds for your other personal needs. If you are having difficulties with the representative payee, whether an individual or organization, you may report it to Social Security. Your local Legal Aid office may be able to assist if you need further advice or legal representation. Call your local county Bar Association for a referral to your local Legal Aid office and they may be able to help.

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  • My son (48) who lives in Las Vegas, was just turned down for disability. I need information for him about what's next.

    Kevan’s Answer

    • Selected as best answer

    Your son should immediately contact NOSSCR (National Organization for Social Security Claimants' Representatives) at 1-800-431-2804 (the national office is closed today due to inclement weather). He should request a referral to members in the Las Vegas area. Members are practitioners in Social Security Disability and SSI, are familiar with the local SSA District Offices and administrative law judges at hearing offices. Approximately 67% of initial disability applications are denied, especially with claimants under the age of 50. Please advise him that if he does not retain an attorney to represent him he must file his own Request for Reconsideration within 60 days from the date of his denial letter. If necessary, he can do this himself online by filing an appeal at www.ssa.gov, but I would strongly advise locating a qualified Social Security claimant's representative or attorney for this purpose. As stated by other attorneys, fees are contingency, there is no up-front cost to your son and fees are only payable if your son is awarded his benefits; fees are capped at the lesser of 25% of past-due benefits up to and no more than $6,000. Good luck to your son.

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  • WHAT KIND OF LAWYER CAN HELP W/ SSD OVERPAYMENT FOR A DISABLED PERSON. I CALL SS LAWYERS BUT THEY ONLY TAKE DENIED SSD

    Kevan’s Answer

    First of all, you have my sympathies for your current situation. In my experience, there are private practice attorneys that will take certain overpayment cases if they have merit and the client can pay a fee. Overpayments can be waived in certain circumstances, but it takes an experienced practitioner to analyze the case and fashion a legally sound argument for waiver. For example, there are instances where waiver can apply if there is a good faith argument that it was a mistake for which the claimant was not at fault, or an argument that it would be an injustice to implement the overpayment penalties/sanctions because the client does not have the financial ability to repay it. In situations where the client cannot pay a fee, it is possible for publicly and/or privately funded legal aid clinics to represent overpayment cases free of charge. You can contact your local Bar Association, Legal Aid or local law school clinics for further assistance if you cannot find a private practice attorney to assist you with your case. Good luck and best wishes.

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