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Can bankruptcy discharge Social Security Disability Attorney fees?
Wiki User
∙ 11y ago
Perhaps the pure answer is Yes, BK courts have great authority on being able to discharge debts, incurred pre-petition, in accord with established priorities of claims. So, things like administrative fee's for the bankruptcy are normally paid in full, regardless.
Will the Court discharge another attorney's fees, incurred while essentially doing things favorable to the party and the debtors (that is assuring all rights to deserved money is received), regardless of when incurred, is another question. And clearly, any attorney is generally well equipped to defend his right to collection and support why he should be paid before others.
And I suspect, to assure you get a favorable result from the BK (which may not be the process your thinking) you would need to hire another lawyer to handle the BK process, and pay their fees.
The correct answer is that an attorney representing a disabled client in a Social Security Disability claim or appeal will receive one-third of the amount owed from the date the claim was filed to the date it was allowed. This is a lien on the arrears and it will not be discharged in a bankruptcy.
Wiki User
∙ 11y ago
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Can an attorney help with Medicaid application?
If you are applying for Medicaid on the basis of disability and you are not already receiving Social Security disability (RSDI or SSI), you might want to hire an attorney who specializes in Social Security disability. (Medicaid follows the Social Security rules for disability.)
How can you find a good Social Security disability attorney?
You can look for a Social Security disability attorney by going to lawyers dot findlaw dot com. There are quite a few sites that can help you to find one you need. Most of the disability attorney do not charge up front fees.
Can social security disability overpayment be discharged if I file Bankruptcy?
Social Security Disability is, of course, a payment from a federal agency. While there is no rule specifically on Social Security Disability, the general rule is that any funds received from a federal agency by fraud (in a petition filed on or after October 17, 2005) cannot be discharged. If the overpayment did not occur because of fraud, it will be discharged. In order to prove fraud, the SSA must show, in the bankruptcy court, that the overpayments were due to fraud. This answer does not constitute legal advice or create an attorney-client relationship. Please consult an attorney for advice on your particular facts and case.
How do you get a judgment reversed since you are on social security disability?
You should discuss this with a local attorney. It is unlikely that where your income comes from (disability) will impact the judgement, but only an attorney can tell you for sure.
Can the bankruptcy trustee take money for debt repayment in the six month period after bankruptcy disbursement if they receive a large Social Security Disability payment?
Typically no. There are no absolutes here. If you disclosed to the Court that you were in the process of obtaining Disability, you should have nothing to worry about. However, if you kept this info from them, I would ask the lawyer who handled your case. * No. All Social Security benefits whether disability, SSI, or regular pension benefits are exempt from bankruptcy action.
Where is the Social Security Office of Hearings and Appeals in Detroit MI?
If you cannot work due to a physical or mental condition, you should contact a Michigan Social Security Disability Attorney or Lawyer immediately for a free consultation and free advice regarding your Social Security Disability or Supplemental Security Income appeal hearing in Michigan. Social Security Professionals consists of Social Security Disability Lawyers and Attorneys in Michigan who handle Social Security Disability hearings and appeals throughout Michigan at Disability Appeal offices in Oak Park, Detroit, Lansing, Flint, and Grand Rapids, Michigan. If you have received a notice of disapproved claim or denial of SSD, SSDI, SSI, Retirement, Survivors, Disability or Supplemental Security Income benefits, you will need to file an application for appeal called a Request for Hearing and you should call to speak for free to a Disability Attorney in Michigan at once
Can the bankruptcy courts discharge a credit that was reported but under a different social security number in error?
Yes, you may need to correct if it is asked about.
Can my disability lump sum payment be garnished if I filed for bankruptcy 9 years ago?
Congress speciifically excluded Social Security disability benefits from the median income test calculations. This means that your Social Security benefits do not count when calculating your household income for median income/means test purposes. Further, there is a good chance that your on-going Social Security benefits will be considered as an exempt assets, although you should discuss with your lawyer about whether any lump sum owed you for past due benefits is exempt. On the other hand, on-going Social Security benefits are counted when you create your bankruptcy budget (Schedules I and J), so your SSDI benefits may change your disposable income picture. If you are in a Chapter 13 and receive your Social Security disability award, you and your lawyer may need to modify your plan. Your Social Security lawyer may also need to seek Bankruptcy Court approval for his fees. In any case, filing bankruptcy does not cancel or impact your right to receive Social Security benefits. So while your benefit MAY be subject to garnishment...not for anything from your BK...the BK makes no difference now...those debts were discharged.
Will filing bankruptcy end child support garnishing of a Social Security Disability check?
No. As part of the Bradley Amendment (1986), child support payments won't be ended or reduced for any discretionary reason, including bankruptcy.
Would a lawyers help get you more on your social security?
You would hire an attorney to assist you in getting Social Security Disability if you are under 62 and feel you are disabled and cannot work anymore. The attorney would help prove your case-prove how disabled you are. An attorney cannot help you get MORE money as Social Security benefits are based on your earnings.
Can a Social Security disability recipient be ordered to pay a judgment?
Anyone can incur a liability and thus be held responsible. Conversely they have the same rights such as bankruptcy as well.
What is the best way to appeal a denial from a Social Security Disability claim?
Why were you denied? Here's a link to Social Security's eligiblity process http://www.ssa.gov/disability/step4and5.htm Here's their home page for disability http://www.ssa.gov/disability/index.htm You can do an appeal at this link https://s044a90.ssa.gov/apps6z/i3441/ee001gen.jsp The Best way to improve your chances is to obtain a lawyer. Nine times out of 10 you will be denied on the initial claim. With an attorney you chances increase a lot because they know the law pertaining to SSDI and SSI. Try one of these Social Security Disability Lawyers out: Social Security Disability Denial Attorneys!
