Q:       I applied for a Social Security card at the hospital right after my son was born, but when I received his card in the mail, his first name was misspelled. What should I do?

A:        Go to your local Social Security office or card center to ask for a corrected card. The Social Security Administration needs to see at least two original documents—one that would prove your child’s U.S. citizenship and one that would prove his identity. The Social Security office also will ask to see proof of your identity, as your son’s parent.
           

Q:       What sorts of documents would I need to show the Social Security office in order to get my child’s card corrected?

A:        You will need to provide a birth certificate or U.S. passport to verify your child’s U.S. citizenship. To prove your child’s identity, however, you cannot use a birth certificate, since the Social Security Administration needs evidence of the child’s existence after birth. An acceptable document for showing proof of identity must show the child’s name, identifying information and, preferably, a recent photograph. The child must be present unless the picture ID also shows his or her biographical information (such as age, date of birth and parents’ names). Generally, the Social Security office will accept a non-photo identity document if it has enough information to identify the child (such as name and age, date of birth and parents’ names). The office would prefer to see a child’s U.S. passport, but if that document is not available, the office may accept a child’s:

·       adoption decree (if relevant);

·       doctor, clinic, immunization or hospital record;

·       religious record (such as a baptismal record);

·       daycare center or school record; or

·       school identification card.

All documents must be either originals or copies certified by the issuing agency. The Social Security Administration will not accept photocopies or notarized copies of documents. To learn more, visit www.socialsecurity.gov/ssnumber, where you can also find out what documents you need. Through the website, you can also fill out and print an application. Then, you will bring or mail the needed information to the Social Security Administration. You may also want to read the publication, Social Security Numbers for Children, available at www.socialsecurity.gov/pubs.

Q:       My six-year-old daughter has a disability. Can she qualify for Social Security disability benefits?

A:        There are two Social Security disability programs that provide benefits for children with disabilities: a Supplemental Security Income (SSI) program and a Social Security program.

            Under the SSI program, a child from birth to age 18 may receive monthly payments based on disability, including blindness, if:

·       the child has an impairment or combination of impairments that meets the definition of “disability” for children; and

·       the income and resources of the parents and the child are within the allowed limits.

            Under the Social Security program, an adult child who is age 18 or older may receive monthly benefits based on disability, including blindness, if:

·       the adult child has an impairment or combination of impairments that meet the definition of disability for adults;

·       the disability began before age 22; and

·       the adult child’s parent worked long enough to be insured under Social Security and is receiving retirement or disability benefits, or is deceased.

            Under both of these programs, the child or adult child must not be doing any substantial work, and must have a medical condition that has lasted or is expected to last for at least 12 months, or to result in death. Learn more at www.socialsecurity.gov/applyfordisability.

The information for this “Law You Can Use” column was provided by the Social Security Administration. It was prepared by the Ohio State Bar Association. Articles appearing in this column are intended to provide broad, general information about the law. Before applying this information to a specific legal problem, readers are urged to seek advice from an attorney.

Q:       My neighbor, who receives Supplemental Security Income, can no longer manage her benefits and has asked for help. What can I do?

A:        You, or someone your neighbor may suggest, might consider applying to become a “representative payee.” A representative payee is someone who receives Social Security or Supplemental Security Income (SSI) payments on behalf of a person who is not capable of managing the funds on his or her own. If you were to become a representative payee for your neighbor, you would be responsible for making sure her basic needs are met by using the SSI money to provide her with food, clothing and shelter, and by saving any leftover money in an interest-bearing account or savings bond for your neighbor’s future needs. The Social Security office will work with you to determine if your neighbor needs a payee and who would be best suited to act in that capacity.

Q:       If I decide to apply to be my neighbor’s representative payee, what would be required?

A:        As your neighbor’s representative payee, you must:

·       know your neighbor’s needs so you can decide the best way to meet those needs with the benefits provided;

·       be responsible for letting the Social Security Administration know about any changes that may affect your neighbor’s eligibility for benefits or the payment amount; and

·       complete a yearly report of how the funds were spent. (You can do this online.)

Q:       Where can I get more information?

A:        To learn more, read A Guide for Representative Payees, available through www.socialsecurity.gov/pubs. Also, visit the web page titled, “When People Need Help Managing Their Money,” available through www.socialsecurity.gov/payee.

The information for this “Law You Can Use” column was provided by the Social Security Administration. It was prepared by the Ohio State Bar Association. Articles appearing in this column are intended to provide broad, general information about the law. Before applying this information to a specific legal problem, readers are urged to seek advice from an attorney.

Q:       Can a company use an existing pipeline easement on my property to construct a new pipeline?

A:        Ohio is crisscrossed with hundreds of miles of oil, gas, water and even coal pipeline easements that were granted in a different era. Some date back to the 1800s. Their validity depends on whether the easement:  was properly recorded; has been abandoned; contains an enforceable provision that provides for additional lines to be installed; and many other factors. To find out if your old pipeline easement can be used to install a new pipeline, you should ask a qualified attorney to review your easement document.

Q:       The old pipeline easement on my property says that the company only has to pay pennies per rod to install a new pipeline. Can that be enforced?

A:        In short, no. In such cases, even if the pipeline easement is otherwise valid, the compensation provision will not be valid. The Supreme Court of Ohio has held that decades-old compensation provisions are unenforceable due to factors such as inflation, increased land value and other changed circumstances that now render the old provision unfair and inequitable to the landowner. The company must pay the fair market value in today’s world for the property it wishes to use.

Q:       If I have an old easement, can the pipeline company put the pipeline anywhere on my property that it wants?

A:        Old easements often describe easement boundaries as being the entire property and the property as being only the land that is bounded by some identified neighbors to the north, south, east and west. Even if such an old description is used, the easement does not extend to the whole property and is limited to what was actually used in installing and operating the pipeline. To establish how much of the property was actually used for pipeline installation and operation, you may be able to reference old photographs of the pipeline installation. Or, if a pipeline goes through woods rather than farmland, you can determine the width that was actually used by calculating the width of the woods that were cleared. If the pipeline company wants to use an area larger than what was established by the original pipeline’s installation and use, it must take that area by eminent domain and pay you just compensation.

Q:       Can a company use an existing pipeline easement on my property to construct a larger pipeline?

A:        An easement must be used in a way that does not place unreasonable new burdens (called a “surcharge”) on the property that it runs through. If an Ohio court finds that constructing a larger pipeline places unreasonable new burdens on your property, then that use will not be permitted.

Q:       What compensation will I receive if the pipeline takes my property through eminent domain?
A:        You are entitled to: 1) the value of the property taken and 2) the damage to the remainder of the property. The value of the property taken is determined by the fair market value of similar property in today’s marketplace. The damage to the remaining property includes the negative effect of the pipeline installation on the value of your entire property, and not just the area where the pipeline is installed. Land containing a large pipeline carrying flammable materials like natural gas petroleum is considered to be less valuable than comparable land that does not have a pipeline. You are entitled to be compensated for that decrease in value, which is often greater than the value of the property that is actually used for the pipeline. Other common elements of damage include crop damage, damage to drain tile and contamination of topsoil. You may also be entitled to compensation for other damages, but these can only be determined by careful inspection of the land involved.

Q:       Does a pipeline company have the right to enter my property before eminent domain proceedings?

A:        Yes. Ohio law permits private pipeline companies that transport natural gas and petroleum to enter your land to survey before any formal proceedings begin. However, the company must give you at least 48 hours’ notice. You are also entitled to receive compensation for any damages to your land, crops, structures and personal property resulting from the company’s entry onto your land. You should consult with an attorney before signing documentation providing access and/or permission to a pipeline company.

This “Law You Can Use” column was provided by the Ohio State Bar Association (OSBA). Michael Braunstein, a principal in the Columbus, Ohio law firm, Goldman & Braunstein LLP, which represents landowners in eminent domain cases, prepared this article. The column offers general information about the law.  Seek an attorney’s advice before applying this information to a legal problem.

Q:       My soon-to-be ex-wife and I jointly owned our house. Can I put the title into my name alone when we get divorced?

A:        A deed identifies the title, or ownership interest, in your house. When people divorce or dissolve their marriage, usually the property is allocated to one party, or it is sold and the proceeds are divided. If you are the person who “receives” the property, then the title will be conveyed from joint ownership (you and your wife), to single ownership (you or your wife) through a quitclaim deed. You would file this transfer of property at the county recorder’s office (sometimes called a “fiscal office”). There are no tax implications related to this property transfer.

Q:       I didn’t change my name at the time of the divorce but now I would like to. How can I do that?

A:        In Ohio, the probate court usually has primary jurisdiction over the changing of individual’s last names. However, in the case of divorce or dissolution, a person is allowed to go back to using a former name (and only a former name) during the divorce or dissolution process. If, as in your case, you didn’t change your name at the time of the final hearing, then you must file a petition for a name change with the appropriate probate court. If you file a petition for a name change after the divorce/dissolution process, then you are not limited to returning to a former name; you can use any name you choose.

Q:       How do I get off the mortgage to my house?

A:        Mortgage liability is completely separate and apart from the ownership interest in real estate. Conveying a property’s title can easily be completed through a quitclaim deed. Releasing a former spouse from a mortgage liability can only be done if that mortgage is satisfied. This means that the property must be sold and the balance of the mortgage paid from the proceeds, or one of the former spouses must refinance the mortgage. Refinancing a mortgage is another way of saying, “Pay-off that mortgage with this one!” Refinancing (just like acquiring any loan) usually requires a down-payment, collateral and monthly payments.

Q:       My wife’s name is on the title to my car. How do I put the car back into my name alone once we’re divorced?

A:        It is very simple to transfer a title to an automobile, boat, airplane, RV or ATV. If your wife agrees to transfer the title of the car into your name alone, she will simply “execute” (write and sign) a statement on the back of the original title saying that she is transferring her ownership interest in the car to you. Since you are the one receiving her ownership interest in the car, then it will be your responsibility to register the title with the Bureau of Motor Vehicles.

Q:       I’d like to protect my name and my privacy. Is there a way I can “seal” my records so that other people can’t see my divorce settlement?

A:        Generally, civil courts in Ohio are open and public forums, so most proceedings and filings in a courthouse are available to the public. In rare circumstances, a person may ask that a portion or all of a case’s records be placed under “seal” and not be included as part of the public record. To make such a request, you must petition the domestic relations court, and state specifically why your case or file requires confidentiality. The court considers these requests on a case-by-case basis.

This “Law You Can Use” article was provided by the Ohio State Bar Association. It was prepared by Cleveland attorney Manav (Manu) H. Raj, Esq. of Rieth Antonelli & Raj. Articles appearing in this column are intended to provide broad, general information about the law. Before applying this information to a specific legal problem, readers are urged to seek advice from an attorney.

Q:       What is the role of a trustee in a consumer bankruptcy case?

A:        In a Chapter 7 consumer bankruptcy case, assets are liquidated to pay creditors. In such a case, a trustee is appointed to investigate the debtor’s financial affairs and determine if any unencumbered, non-exempt assets can be liquidated and paid to creditors. The trustee may sell non-exempt assets and bring lawsuits against the debtor or creditors. The trustee also reviews the debtor’s filed bankruptcy papers to make sure they are accurate and complete. The trustee convenes and presides over the meeting of creditors, and reviews any claims filed by creditors. If appropriate, the trustee will file an objection to any claim that appears to be invalid.

            In a Chapter 13 bankruptcy case, the debtor proposes a repayment plan based on the debtor’s monthly budget. This repayment plan can last up to five years. The trustee presides over the meeting of creditors in a Chapter 13 bankruptcy case, just as in a Chapter 7 case. The trustee also examines the debtor’s bankruptcy papers, paying specific attention to the debtor’s proposed budget and Chapter 13 plan to make sure all of the debtor’s disposable income is being paid into the plan and that the plan meets all Bankruptcy Code requirements. The trustee can refuse to confirm a proposed repayment plan and object to proofs of claim, if appropriate.

Q:       What limitations and rights do creditors have in a consumer bankruptcy case?

A:        Whenever a bankruptcy case is filed, there is an automatic “stay.” This means that creditors cannot take or continue any collection actions against a debtor. For example, a creditor cannot make or send collection calls and letters, file a lawsuit or continue to pursue a pending lawsuit, or take any action, such as garnishing wages, to collect a judgment. Most creditors can never collect a debt that has been discharged in bankruptcy. However, in most cases, secured creditors can keep their lien/mortgage rights after a bankruptcy, and the debtor keeps some debts, such as certain taxes and spousal or child support obligations.

            Creditors have these rights in a bankruptcy case:         

·       to attend the creditors’ meeting and question the debtor;

·       to file proofs of claim in the bankruptcy case and participate in any bankruptcy payments;

·       if there are grounds, to file a lawsuit in the bankruptcy court claiming that the debtor should not receive a discharge or that the creditor’s debt should not be discharged.

Also, secured creditors may seek relief from the automatic stay in order to preserve and to liquidate their collateral.

Q:       What do the trustee and creditors do at the meeting of creditors?

A:        The Bankruptcy Code requires a meeting of creditors in every bankruptcy case. In both Chapter 7 and Chapter 13 bankruptcy cases, the trustee conducts the creditors’ meeting. At the meeting, the trustee examines the debtor, whose lawyer is generally present. The debtor testifies under oath about the bankruptcy, and the testimony is recorded. The trustee asks the debtor about assets, liabilities and other financial matters, and tries to determine if there are any assets that the debtor has not disclosed. 

            Creditors may, but are not required to, attend this meeting. Once the trustee has finished questioning the debtor, any creditors present at the meeting will be allowed to examine the debtor. Secured creditors often ask about the status of their collateral—its location, condition and whether it is insured. A creditor may also ask questions about the possible discharge of its debt. In most consumer bankruptcy cases, however, creditors do not attend the meeting of creditors.

Q:       What does a trustee expect from the debtor?

A:        In Chapter 7 and Chapter 13 cases, trustees expect debtors to fully disclose their assets, liabilities and income. They expect debtors to appear, on time, with legal counsel and all required documents, at the meeting of creditors. Trustees also expect debtors to fully cooperate as the case proceeds. If a debtor in a Chapter 7 case fails to cooperate or to provide additional information and documents, the trustee can ask the court to require the debtor to appear for an examination under oath and can object if the court issues a bankruptcy discharge. A Chapter 13 trustee can refuse to confirm the debtor’s bankruptcy plan or ask the court to dismiss the bankruptcy case due to the debtor’s lack of cooperation.

This “Law You Can Use” consumer legal information column was provided by the Ohio State Bar Association (OSBA). It was prepared by Columbus attorney Kenneth M. Richards. Articles appearing in this column are intended to provide broad, general information about the law. Before applying this information to a specific legal problem, readers are urged to seek advice from an attorney.