Ask The Judge

The information and advice contained in this column is not to be used as legal advice. Before any legal action is taken, you should always consult an attorney. Malcolm Harrison is a former Hinds County Circuit Court Judge and a former Hinds County Prosecuting Attorney. You can contact him at 601-948-5030 or Askthejudge00@yahoo.com.

Question: I was denied my disability benefits from the social security administration. What can I do?

-Dixon (Hinds County, MS)

Answer: The Social Security and Supplemental Security Income disability programs are only for individuals who have a disability and meet the medical criteria. Social Security Disability Insurance pays benefits to you and certain members of your family if you are "insured," meaning that you worked long enough and paid Social Security taxes. Supplemental Security Income pays benefits based on financial need. If your application is denied for medical reasons, you can complete and submit an appeal request and appeal Disability Report. You should also consult an attorney or non-attorney individual who represent people in disability matters.

Question: I am involved in a custody fight with my ex-husband. My lawyer is not explaining anything to me. How can the judge take away my kids now after I have been raising them by myself for three years?

-Janice (Utica, MS)

Answer: You did not provide enough information for me to form a specific opinion on your case. However; in child custody cases the Chancellor considers several factors commonly referred to as the Albright factors. These factors are I. Age, health, and sex of the child; 2. Continuity of care prior to the separation; 3. Parenting skills and willingness and capacity to provide primary child care; 4. Employment of the parent and responsibilities of that employment; 5. Physical and mental health and age of the parents; 6. Emotional ties of parent and child; 7. Moral fitness of parents; 8. Home, school and community record of the child; 9. Preference of the child at the age sufficient to express a preference by law; 10. Stability of home environment; and 11. Other factors relevant to the parent-child relationship. The paramount consideration that the judge must consider is what is in the best interest of the: child. You should discuss these factors with your lawyer.