By: Michael Spychalski The Department of Homeland Security has created a new process that will allow certain spouses, children, and parents of a U.S. citizen to apply for a provisional unlawful presence waiver while in the United States and before … [Read more...]
Levels of Appeal in SS Disability Cases
There are several levels of appeal in SS Disability claims. At the initial and reconsideration levels, the decision is made by a disability examiner in your state. Their job is to collect medical records, send you questionnaires to gather … [Read more...]
Children’s Benefits
There are several ways to prove disability for adults, but really only one for minor children. There is the additional requirement of financial need for children’s disability claims as well. For a child to collect disability, the household income … [Read more...]
“Sticks and stones may break my bones but on-line posts may land me in prison”.
“Sticks and stones may break my bones but on-line posts may land me in prison”. A brief look at the National Trends regarding the use of social media and its affect on legal policy- PART I By Kristie Walsdorf The term social media generally … [Read more...]
Significant Misdemeanors & Immigration
By Michael Spychalski To be eligible for deferred action, participants cannot have been convicted of a felony offense, a significant misdemeanor, or multiple 3 or more non-significant misdemeanors. Also, participants cannot otherwise pose a threat … [Read more...]
Fibromyalgia
Although SSA recognizes joint pain due to arthritis; and pain in general from a variety of conditions; people alleging disability due to fibromyalgia have had trouble establishing their condition in the past since it is subjective in nature. SSA just … [Read more...]
Who receives SSA Benefits?
Social Security was created by FDR in 1935 as a part of the New Deal plan. This program was created to assist aging workers in the post-depression era economy. After many revisions, the original Act has been expanded to include not only just … [Read more...]
Monthly Update – Social Security
Work History Your work history over the recent (last 15 years) is relevant if you are over the age of 50. To prove disability prior to age 50, you must prove you cannot perform any job that exists in the national economy. After 50, the jobs must … [Read more...]
“But my doctor said I’m disabled, isn’t that enough?”
In a word, “No”. Since SSA defines what disability is, it is up to them to determine whether or not an applicant for disability benefits is entitled to receive them under SSA’s definition of “disability”. This does not mean that your doctor’s … [Read more...]
Are SS Benefits taxable?
Like any good legal answer, it depends. Back pay = Congress has provided a special provision for lump sum payments that cover several prior years. SEE I.R. Code ch.86(e) It allows the taxpayer to offset the lump sum SSA will send you a 1099 each … [Read more...]
Compassionate Allowances
Some conditions are accepted as so severe, SSA will automatically award your claim. Whereas generally having a diagnoses is not enough to get disability; if you have one of the following, the diagnosis alone truly is enough for an award of … [Read more...]
The 5 Steps of SS Disability Evaluation
By Jennifer Scherf Under the authority of the Social Security Act, the SSA has established a five-step sequential evaluation for determining whether an individual is disabled as that term is defined by SSA. (See 20 CFR 404.1520(a)). These steps must … [Read more...]