Durham pro bono attorney helps Johnston County mother of three
When the mother of three disabled sons in Johnson County convinced the Social Security Administration (SSA) that the oldest two sons were entitled to SSDI benefits, they received substantial back payments thaat were placed in "dedicated accounts," from which she would be required to request permission to use the funds. The SSA later accused the mother of misusing the funds in each of the dedicated accounts. From one account, she had used $2,500 as a down payment on a used minivan that was needed for their transportation; they lived out in the country and had no way to get to their numerous doctor appointments that included travel to Duke University Medical Center and this was their only vehicle. From the second account, she had paid off an account with Dell Computer when she did not have the money to pay the balance of the account ($1,296); the computer had been purchased for her learning-disabled son. Fortunately for the mother, attorney Lawrence Wittenburg (with Roberti, Wittenberg, Lauffer & Wicker of Durham) was available and willing to take up the cause. At first the ALJ scheduled both caes for hearing back to back. After post hearing submissions in which Larence pointed out that the POMS allowed the mother as representative payee to do exactly what she did, the ALJ sceduled another set of hearings at which both cases were presented again. Shorterly thereafter the ALJ agreed and issued two favorable decisions. [Lawrence Wittenburg began his legal career at the Legal Aid of NC offices in Ahoskie and Durham. In 1988 he joined the Roberti, Wittenburg, Lauffer & Wicker and begn focusing his practice on Social Security claims. He now oversees the efforts of three other attorneys devoted to this work, whose practice covers the entire state. He is serving his fifth term on the Board of Directors for the National Organization of Social Security Claimants Representatives (NOSSCR) and is currently Vice President of that organization.]

