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petitioner encouraged and assisted Ms. Morrison in reapplying and
submitting numerous documents in support of the reconsideration
of her application for benefits.
After reconsideration by the Social Security Office of
Hearings and Appeals, Ms. Morrison was notified by a letter dated
October 25, 1995, of her benefit award. A few months later Ms.
Morrison received another letter, dated December 13, 1995,
notifying her of the monthly benefit amount and her entitlement
to a lump-sum payment for retroactive benefits with respect to
September 1992 through October 1995.
During 1996, Ms. Morrison received benefits totaling
$39,627.10. Of that amount, $29,613.10 represented retroactive
benefits for the years 1992 through 1995. In addition to the
retroactive benefits, she was awarded attorney’s fees and
Medicare premiums. The remaining $10,014 consisted of regular
monthly benefits for 1996 and the attorney’s fees and Medicare
premiums.
Petitioner and Ms. Morrison jointly owned their residence.
During March 1996 petitioner became unemployed and stopped making
the monthly mortgage payments on the property. In addition,
petitioner moved from the house into the garage, where he lived
for the following 6 months. At this time, Ms. Morrison assumed
responsibility for the mortgage by using her benefits to make the
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