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Vance Tate Davis

Vance Davis’s Answers

3,080 total


  • Can I apply for Disability while working!

    If the Dr knew all of my problems I wouldn't qualify for the DOT physical but I can't afford to just quit! What should I do? I'm miserable!

    Vance’s Answer

    The most immediate issue would be whether your earnings exceed "substantial gainful activity" (currently $1130 monthly in most situations) because if you make more than SGA limit, you cannot be found disabled. HOWEVER, earning less than SGA could still lead to the conclusion that you aren't disabled. Much would depend on your condition(s), the severity of your limitations, your past work, your education and skills and your age. I'd recommend consulting with an experienced Social Security disability attorney. Take along a list of your conditions, the places/approximate dates you've been treated and a list of your medications. You can find an attorney by using the "find a lawyer" tab here on Avvo.

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  • Legal rights of children

    Father of children died. No will. Wife still living. Father had affair and have 3 outside children. Wife has 4 living children. Children are all grown and Father left several properties.

    Vance’s Answer

    Children have claims for their share of the estate under the NC intestacy statute, which applies where there is no Will. Spouse inherits 1/3 of the intestate real estate and a portion of the intestate personal property (if personal property is worth $60,000 or less, spouse inherits all of it; if more than $60,000 worth of personal property, the spouse inherits $60,000 plus 1/3 of the balance). Children or descendants inherit 1/3 of the intestate real estate and any intestate personal property remaining after the spouse’s share. NOTE WELL it is not at all uncommon for children to get nothing when there has been a prior marriage and much would depend on how assets are titled and what, if anything, actually passes into the estate. Much would also depend on proof of paternity for the children born outside the marriage. Consult an experienced local probate attorney for assistance; you can find one by using the the "find a lawyer" tab here on Avvo.

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  • How do I resign as an agent of a durable power of attorney the was signed in the state of NC?

    My father was mentally incapacitated shortly after signing the power of attorney form on 12-11-2012, he has really bad dementia. He resides in the same state the power of attorney was signed in, NC. I currently reside in TX. I no longer want to ...

    Vance’s Answer

    A few issues here. Yes, you can resign. You can resign in the manner set forth in the Power of Attorney. Otherwise, you resign in writing, send it to the principal (father) and by recording it with Register of Deeds in the county where the POA is recorded. Here is a link to the statute on this issue: http://www.ncga.state.nc.us/EnactedLegislation/Statutes/PDF/BySection/Chapter_32A/GS_32A-12.pdf HOWEVER, it would be a good idea to see if the POA has provisions for you to either appoint your brother or has provisions for someone to take over as the agent if you resign. IF there are no such provisions AND if your father is unable to execute a new POA (which appears likely) then you might be creating the need for a guardianship to be filed and a Guardian appointed to take over your father's affairs if you go ahead and resign. That could be an expensive and complicated situation and one that should be avoided if possible. I am perhaps wrongly assuming brother may be living in North Carolina. If so, it would probably be a good idea for him to consult with an experienced local Elder Law attorney and have someone look over father's POA before any action is taken. You can find an Elder Law attorney in the appropriate location by using the "find a lawyer" tab here on Avvo.

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  • Can a power of attorney for a bank account count as an asset when applying for ssi benefits?

    I have power of attorney for my aunts bank account. I have ssi benefits. Will they count that as an asset? Can they even see that I have power of attorney on that account or any bank account?

    Vance’s Answer

    Possibly. Much would depend on the language in the POA document and/or the terms of the account. Here is a link to the rules Social Security uses for checking/banking accounts as a starting point: https://secure.ssa.gov/poms.nsf/lnx/0501140200 and to more on this scenario: https://secure.ssa.gov/poms.nsf/lnx/0500810120
    It would probably be a good idea to have someone else handling this responsibility for your aunt if at all possible to avoid or minimize complications.

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  • What are my Medicaid estate recovery options in Indiana?

    I was put on joint tendency of my uncle's farm with survivorship rights. Indiana is coming after 59925, i cant afford to pay all of it off at once. I have access to over half of it. But my credit isn't quite good enough yet for a loan. Is there a ...

    Vance’s Answer

    I would suggest consulting an experienced Indiana Elder Law attorney and you can find one by using the "find a lawyer" tab here on Avvo. An Elder Law attorney should be familiar with how the state approaches estate recovery claims and whether there is any option for negotiation. I'll add that it is often important to double-check the amount of the claim because I have seen serious errors on those in my state. You may want to look at the National Elder Law Foundation website for leads on an appropriate Elder Law attorney in your area as well. Good luck.

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  • My husband is approved for SSI. He was approved for ssd but wasn't able to show 1 year disability.

    So we went to the adl judge I think that's what you call it. The judge asked do you have any documents "we didn't know we needed to bring them". The judge asked my husband do you want to reschedule and my husband accepted. So know we don't know wh...

    Vance’s Answer

    I'm not sure why this was tagged as "domestic violence" so I will change it to Social Security. Having said that, there's something not making a lot of sense about this situation...probably some missing facts. I would suggest you consult with an experienced local Social Security attorney and you can find one by using the "Find a Lawyer" tab here on Avvo. If you cannot get a consultation, then try contacting your local Legal Aid office. You'll want to have someone look over all of the documents that you have from SSI/Social Security to try to determine what is going on. I'm wondering if you have contacted: a) the Hearing Office; or b) the local SSA field office and, if so, what you were told about this situation. Again, I think some clarification of some key facts would be helpful here and the best thing is to see if you can get with someone who can look at the paperwork from Social Security.

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  • Can't a lawyer just right a letter?

    Last year a judge found in our favor for the disability office to give my son his benefits. They still have not released his money. They owe us over 3 years of backpay. They cut the check on but aren't giving us the full amount we qualify for nor ...

    Vance’s Answer

    I am going to guess - and that's all it is -- that the issue revolves around the requirement for large awards of retroactive SSI benefits to be paid in installments. Here's a link to more information about the rules SSA applies to SSI installment payments, including the rules on when more can be paid: https://secure.ssa.gov/poms.nsf/lnx/0502101020 If your son had an attorney handling the claim, the attorney may be able to assist with the matter. If your son didn't have an attorney handling the claim, then I think it would be doubtful a private attorney would get involved in this situation...perhaps contact your local Legal Aid program would be of help. Legal Aid might also be able to look over the correspondence on this issue and double check to make sure there aren't errors in calculating what your son is owed.

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  • I am on ssi and get medicare food stamps

    i might get a personal injury settlement how can i keep my benefits ,is there a way I can gift it to another person I don't have money for an atty to set up a trust special needs account .

    Vance’s Answer

    If the cost of establishing a Special Needs Trust is too high, then the alternative option would be to spend down funds and reestablish your SSI and Medicaid eligibility. Here is a link to more information about resources that do not count for SSI eligibility and the Medicaid rules will be similar: https://www.ssa.gov/ssi/spotlights/spot-resources.htm. You'll want to keep great records of this and notify both SSI and Medicaid of the money coming in and how you used it. If you don't spend quick enough, you may end up losing benefits for a longer period of time. You probably would qualify for assistance from your local Legal Aid program (which might even help do a SNT for you), so getting professional help from an experienced local attorney would be best.

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  • Will my mother have to live for 3 years after gifting the house to me. Residence is in Texas

    She has a small fixed income and we are afraid if she were to go to a nursing home, they will take the entire proceeds from the home to pay for the nursing home (vs. Medicaid). The house is only worth approximately $80K.

    Vance’s Answer

    I'll just add two points to Mr. Carroll's fine response and those are: 1) lookback is probably five years instead of three years; and 2) Medicaid rules change which is why it is extremely dangerous to try to save money by doing these kinds of things on your own, rather than engaging an experienced attorney familiar with the State's regulations. Mistakes can be made and can be extremely costly. Consult an experienced Elder Law attorney or Medicaid attorney for help with this matter. You can find one by using the "find a lawyer" tab here on Avvo.

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  • SSI overpayment

    I had been collecting SSI and SSDI for a while now, however, several months ago, I started working again. I reported my earnings properly and within a good time frame that "overpayments" should not have happened. I guess they continued to send me ...

    Vance’s Answer

    There are appeal and waiver options, but I'll also add that there is the option of working out a repayment plan with Social Security and in many situations that's the easiest thing to do. IF you agree to a payment plan, make absolutely certain you can and will make all payments as agreed upon. You might be able to get assistance from your local Legal Aid program if you decide to pursue the appeal/ waiver options, keeping in mind that your facts may not work well with those options. Here is a link to more about dealing with overpayments: https://www.ssa.gov/ssi/text-overpay-ussi.htm Going forward I always strongly suggest notifying SSA of issues like returning to work using certified mail - return receipt requested, together with a signed and dated exact copy of what you sent to Social Security. Basically you keep those items FOREVER as proof of when you sent notice and what it said. However, you also probably should have noticed that your check did not change at all after notifying SSA of your work.

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