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LADYLAWYER
LADYLAWYER, Lawyer
Category: Legal
Satisfied Customers: 6536
Experience:  Civil; Family; HOA; Landlord/Tenant; Real Estate; Probate; Insurance; Immigration; Wills & Trusts
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I have a brother currently using a "meth" clinic and hasnt

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I have a brother currently using a "meth" clinic and hasn't worked in over 9 years due to drug addiction. Fell off a roof years ago working a small side job (obviously didnt' work out) and with no medical insurance never saw a doctor. He can barely walk and it's getting worse. Due to the drugs, in severe need of a dentist. However, he needs an attorney that can guide him with a couple of legal issues before he can apply for assistance - 1) not paying income tax due on the last year he worked and 2) a little more serious issue concerning child support. He can't afford an attorney and legal aid won't address some of these issues. Where to turn to?

 

I want to add that we do want to clear up the legal issues. I'm sure we can work something out with IRS when they do one of their "tax" amnesty programs. But given his health, he will never work again and his ability to pay the taxes back for that last year, no matter how small, he's probably not going to be able to. The biggest issue with an attorney we want to address has more to do with "not child support" - I should be more specific. He and his girlfriend of 20+ years never married. They broke up for a while. But have been together ever since. During the period they were broke up, his "wife" was able to get food stamps and medicaid for she and their daughter who is turning 18 (I believe in April). But according to the law, since they were back together she would have to pay it all back. Therein lies the entire problem of why he is afraid to apply for the help he so desperately needs.


LADYLAWYER :

Hello, Thanks for choosing Justanswer.com! I look forward to helping you with legal information today.

LADYLAWYER :

How much does he owe the IRS and how much does he owe back to the government for the assistance his girlfreind was receiving? How did the government find out that they were back together? Thank you!

Customer:

I really should ask him but I'm not so sure he owes the IRS. He just did not file in 2004 the year our mother died (she did his taxes). He would have only been claiming himself making about $60M per year. As for government finding out they were together - nothing has been said and I'm not so sure they could prove any of it - except for about 1-1/2 years ago whent he partment complex his "wife" lived in with him under Section 8 reported he was living there. The only thing that happened at that time was she lost her Section 8. No warnings or anything have been issued to him to the best of my knowledge. What type of attorney does he need?

LADYLAWYER :

Hi again :) Thanks for your reply. I had to step out and help other customers while I was waiting for you to enter the chat.

LADYLAWYER :

So can you tell me if he has received anything at all in the way of notices from anyone that he owes taxes or anything related to the repayment of benefits?

LADYLAWYER :

He doesn't really need an attorney to file for SSDI benefits. He can do it right online himeself. Someone can help him if he isn't really capable of doing it by himself. If he has not received anything from the IRS or the state saying that he owes anything, then he doesn't owe anything at this time. I am not saying they may not come after him in the future, but regardless, he is able to file for SSDI benefits whether or nothe currently owes the government anything. If he currently owes the government anything that they are trying to collect on and he is awarded SSDI benefits, the government will deduct a portion of what he owes from his SSDI checks.

LADYLAWYER :

So he doesn't need to repay anything before he applies, and in fact, the SSDI can be used to repay what he currently owes, if anything.

Customer:

No. I just checked with him. The last tax he filed was in 2003 for 2002. He said he always got back about $700 or $800 from the IRS. During 2003 he won $2800 at Casino so when the 2003 taxes should have been filed in 2004, he would have been taxed on that (probably a wash). But with our mother's death, he did not file and lost his job in early 2004. He has not received notices nor has he filed for any tax past 2002. Although he hasn't received notices, they have moved a lot.

Customer:

And I did check about the government and again, no notices.

LADYLAWYER :

Okay then, as you can see from my previous replies, he can go ahead and apply for SSDI benefits and receive them without them being docked in order to pay back any tax debts or government benefits that his gf received.

LADYLAWYER :

He can apply right online for SSDI by going here: http://www.ssa.gov/pgm/disability.htm

LADYLAWYER :

If he is denied benefits, then he can get an disability attorney. Otherwise, he can prepare the application himself.

LADYLAWYER :

If he does want an attorney to help him with the application, he will need a social security disability attorney for this. He can find one in his state and county here: www.martindale.com.

LADYLAWYER :

I am happy to answer any further questions you may have about this!

Customer:

I truly appreciate your help. thank you.

LADYLAWYER :

You are most welcome. I know you may have more questions moving forward. I would like to leave this question open so you can come back and ask follow ups of me at no additional charge.

LADYLAWYER :

I would ask that you go ahead and rate my service at this time and then if you need any help in the future, sign back onto the site, click on the "my questions" link, click on this question and leave any follows ups you may have. I will get back to you within 24 hours if I am not online then. Thank you so much! I hope I have provided you with excellent service today!

LADYLAWYER :

I have now enabled the rating box so that you may rate the service I have provided you with today. Thank you!

LADYLAWYER and 3 other Legal Specialists are ready to help you

Hi Cheryl,

It appears you may have gone office before leaving a customer service rating. If you would kindly leave a rating at this time, I would appreciate it. It costs you nothing further to do but is the only way the site will compensate us for our time. For all my customers who leave excellent service ratings, I invite them to come back to their original question and ask me any follow ups as they need to at no further charge. Thanks so much, Cheryl and my best to you and your brother!