How in the world can my ex-husband’s attorney question Social Security’s decision that I am permanently disabled?

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How in the world can my ex-husband’s attorney question Social Security’s decision that I am permanently disabled?

They are saying that I am not disabled and can work because they found one medical report that states I am feeling better.

Asked on June 12, 2012 under Family Law, California

Answers:

Cameron Norris, Esq. / Law Office of Gary W. Norris

Answered 9 years ago | Contributor

Your husband may be trying to do something called "imputing income."  This happens when you allege that one spouse could really be earning more money than they are because they have the ability and opportunity to do so.  If income is imputed, spousal support may be reduced. 

One report saying you are feeling better is not going to change everything.  However, it may be used by a vocational evaluator when making a report and testifying in a case trying to reduce support. 

I would consult an attorney to make sure you are protected as much as possible.

If you are in Ventura County, feel free to contact me.

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Because that is what attorneys sometimes do in order to best "advocate" for their clients. They comb through documents and try and hang their hat on something and use it to justify their position.  The documentation should be read in whole not in part.  But I would speak with an attorney in your area as soon as you can here.  Good luck.


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