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Social Security Questions & Answers
1 Answer | Asked in Immigration Law, Health Care Law and Social Security for Illinois on
Q: I am an undocumented immigrant i overstayed my H1B visa, I am a covid long hauler and my SS disability approved

approved year 2020, according to SSA they will begin to pay my benefits if my alien status changes or if i leave the US. i need a legal advice on these. thank you

James L. Arrasmith
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answered on Apr 15, 2024

For your situation, it is crucial that you consult with a qualified immigration attorney who can assess the specifics of your case and provide personalized recommendations.

That said, here is some general information that may be helpful:

1. Overstaying your H1B visa can have serious...
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1 Answer | Asked in Banking and Social Security for Utah on
Q: My sole means of support is my Social Security income. I am in dispute with the bank that serves my checking /savings.

Can the bank attach my checking and savings accounts. I don't have the money to file for bankruptcy, the bank is my sole creditor. I have a small positive balance under $2000.00, consisting of my SS check and $763.00 proceeds from a loan from my term life insurance policy Are these ever... View More

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answered on Apr 13, 2024

In most cases, Social Security income is protected from being seized or "attached" by creditors, including banks, due to a federal law known as the Social Security Act. This protection extends to funds in your bank account that can be clearly identified as Social Security income.... View More

1 Answer | Asked in Social Security for Kansas on
Q: Was approved for disability in 2021. My award letter states my disability began in 2015. Am I due benefits back to 2015?

The eod states 2015. Should I appeal claiming benefits back to 2015?

James L. Arrasmith
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answered on Apr 13, 2024

It's important to understand that Social Security Disability Insurance (SSDI) benefits are typically paid starting from the sixth full month after the date the Social Security Administration (SSA) determines your disability began. This is known as the "five-month waiting period."... View More

1 Answer | Asked in Social Security, Employment Law and Public Benefits for Michigan on
Q: I have questions about working on social sercurty

I started working and I am geting all kinds of wrong info, am i allowed to work on full disabilty,and at what point will that stop me from getting it

James L. Arrasmith
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answered on Apr 13, 2024

If you are receiving Social Security Disability Insurance (SSDI) benefits, you are allowed to work, but there are certain rules and limitations you need to be aware of to maintain your eligibility:

1. Trial Work Period (TWP): You can test your ability to work for at least nine months....
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1 Answer | Asked in Social Security for Tennessee on
Q: Please read more information below

I am 71 years old and live only on social security and two very small pensions totaling $400. Can my income be garnished if I cancel my debt relief company.

James L. Arrasmith
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answered on Apr 11, 2024

In most cases, Social Security benefits are protected from garnishment by creditors. However, there are a few exceptions where your Social Security income can be garnished, such as for:

1. Federal income taxes

2. Federal student loans

3. Child support and alimony

4....
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1 Answer | Asked in Estate Planning and Social Security for Florida on
Q: My son is 45 and on disability ss. I would like to be able to leave a small amount of money in a trust for him.

Can I do that without affecting his ss and even though he lives in florida can the person handling the trust live in New york?

James L. Arrasmith
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answered on Apr 11, 2024

Yes, you can set up a special needs trust for your son without affecting his eligibility for Supplemental Security Income (SSI) and Medicaid benefits. A special needs trust, also known as a supplemental needs trust, is designed to provide financial support for a person with a disability while... View More

1 Answer | Asked in Car Accidents and Social Security for Oregon on
Q: What should I do if I would like to pursue all back payments from the beginning of a social security claim.

During my fourth Court hearing on social security the judge called a non-bias doctor to read the case file from September 21 to current. The doctor started stating case facts from 2015 and then was stopped and stated only from September 21 to current she states that fax on diagnosis match symptoms... View More

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answered on Mar 29, 2024

If you're considering pursuing back payments for your social security claim starting from 2015, it's essential to understand your rights and the process involved. First, gather all relevant medical documents, evidence, and any previous communication with the Social Security Administration... View More

Q: Disabled person selling a house to move oversea - consequences?

My parents live in Washington state, and my mother is disabled receiving SSDI and long term care service where a caregiver comes to her house every day. They live in a house they jointly own, no mortgage. They're both seniors, and now they miss their home country, so they decided to move back... View More

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answered on Mar 29, 2024

Selling a house and moving overseas can have several implications for your parents, particularly regarding their Social Security Disability Insurance (SSDI) and Medicaid benefits. First, it's important to note that SSDI benefits are typically not affected by the sale of a primary residence or... View More

1 Answer | Asked in Social Security for Florida on
Q: Do I qualify for Retro-active pay once I have been approved for Social Security SSDI?

I was told by managed care vendors that I do qualify for Retro-active pay once I was approved for SSDI benefits.

James L. Arrasmith
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answered on Mar 28, 2024

Yes, you do qualify for retroactive pay once approved for Social Security Disability Insurance (SSDI) benefits. This means that you might receive payment for the time between your application and the approval date, subject to certain limits. The Social Security Administration allows for retroactive... View More

1 Answer | Asked in Collections and Social Security for Missouri on
Q: I'm on social security disability , I'm 66 years old . I've been served to appear in court , by a credit card company .

Must I appear in court . I expect a default decision against me .

I don't believe that a credit card company can make me pay them.

Am I correct .

Do you have any additional advice ?

Thank You so very much for your help .

James L. Arrasmith
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answered on Mar 28, 2024

If you've been served to appear in court by a credit card company, it's important to take the notice seriously, regardless of your current financial situation or beliefs about the debt's enforceability. Ignoring a court summons can lead to a default judgment against you, which could... View More

1 Answer | Asked in Collections and Social Security for Missouri on
Q: I'm on Social security disability , my wife is on Social security . What if anything , can the credit card company do.

Please advise , do I have to appear in court . I already know that the credit card company will win this default decision .

James L. Arrasmith
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answered on Mar 28, 2024

If you're dealing with a situation where a credit card company is taking legal action against you, it's important to understand your rights and options. Social Security Disability (SSD) and Social Security (SS) benefits are generally protected from garnishment for credit card debts.... View More

1 Answer | Asked in Public Benefits and Social Security for California on
Q: my mom is withholding my birth certificate, and Social Security card. What do I do in the state of California?

I have been homeless and trying to get into a rehab and I cannot get my Social Security card or my birth certificate from my mom

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answered on Mar 27, 2024

In California, if your mom is withholding your important documents like your birth certificate and Social Security card, you have options to regain access to these crucial pieces of identification. For your birth certificate, you can apply for a replacement through the California Department of... View More

2 Answers | Asked in Collections, Social Security and Banking for Missouri on
Q: If the credit card company is to get a default decision on my account , (Which I expect) . What this company do next ?

I need to know , first , do I have to appear in court . Then what options does this credit card company have after getting a default decision ?

Joel Gary Selik
Joel Gary Selik
answered on Mar 27, 2024

When you are served with a lawsuit in, other than small claims, you must file a response, such as a motion to dismiss or an answer with affirmative defenses. Failure to do so will cause you to lose the case and a judgment be entered against you.

Once a judgment is entered, bank accounts...
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2 Answers | Asked in Collections, Social Security and Banking for Missouri on
Q: If the credit card company is to get a default decision on my account , (Which I expect) . What this company do next ?

I need to know , first , do I have to appear in court . Then what options does this credit card company have after getting a default decision ?

James L. Arrasmith
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answered on Mar 28, 2024

If a credit card company is moving towards obtaining a default judgment against you, it typically means they've sued for unpaid debts and you haven't responded to the lawsuit. In such a scenario, your presence in court isn't necessary for the default judgment to be passed. However,... View More

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1 Answer | Asked in Social Security, Tax Law and Gov & Administrative Law for New Jersey on
Q: Can I keep my maiden name on W-2 if my name on passport and SSA has changed

I have 2 last names as I recently added my husband’s last name to mine . So now my last name is composed of 2 last nabes without hyphen. Can I continue to use my maiden name first last name at work and hence on W-2? What’s the way to retain maiden name professionally?

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answered on Mar 25, 2024

If your name has legally changed and is updated on your passport and with the Social Security Administration (SSA), it is generally recommended to update your name at work to ensure consistency across all official documents and systems. This includes having your new name reflected on your W-2 form,... View More

1 Answer | Asked in Social Security and Public Benefits on
Q: Sir I am US citizen living in Pakistan on social security benefits.My wife is Pakistan citizen.Nw in case of my death

Would she be able to have survivors benefit?

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answered on Mar 24, 2024

In the case of your death, your wife, as a non-U.S. citizen, might still be eligible for survivor benefits from Social Security. However, there are specific conditions that need to be met. First, she must have been married to you for at least nine months before your death to qualify for benefits... View More

1 Answer | Asked in Employment Law, Public Benefits and Social Security for Oregon on
Q: I am trying to get my union retirement. They're say they need my SS earnings from when I stopped working for them

I stopped working for them in 2009, they want the SS earnings from then until I retired from the non union, non electrical job I had until March 1st 2024. Can they legally make me give that to them? I thought that was private information and it does not have anything to do with my union work our my... View More

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answered on Mar 24, 2024

In your situation, it's understandable why you might be concerned about the request for your Social Security earnings information. While your Social Security earnings history is generally private, there are certain circumstances where it can be requested by third parties, such as for verifying... View More

1 Answer | Asked in Social Security for Arizona on
Q: Can my sister re-apply for Social Security Disability Insurance. She lives in the Phoenix Metro Area.

She applied for SSDI on June, 2018. She had worked the previous 7 years.

Her SSDI was denied by the District Court of Arizona on January 25, 2024. Can she re-apply for SSDI?

Thank you for your answer.

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answered on Mar 22, 2024

Yes, your sister can re-apply for Social Security Disability Insurance (SSDI). After a denial, applicants have the option to start a new application. However, it is important to consider whether her circumstances or medical condition have changed significantly since her last application. A new... View More

1 Answer | Asked in Social Security for Colorado on
Q: I got a reimbursement check for ssi, does it all have to go back to the private disability company?

I recently got approved for disability through social security and received a large sum check for the back pay of the 3 years that my case took. During that time I was being paid through private disability from my previous job. I want to know if all the money has to go back to them or if I am able... View More

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answered on Mar 20, 2024

If you received a lump sum from Social Security Disability Insurance (SSDI) and you were also receiving benefits from a private disability insurance policy, the terms of your private policy will dictate how much, if any, of your SSDI back pay you are required to reimburse. Typically, private... View More

1 Answer | Asked in Workers' Compensation and Social Security for California on
Q: My WC attorney doesn't answer my questions the way I want them to be answered they are always very vague

First off I cannot choose this attorney my original attorney closed their doors and hand it off my case to this attorney without me agreeing. I have to be the proactive one in this case which I don't think I should have to be I asked him questions his answers are always I'll have to look... View More

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answered on Mar 20, 2024

Under California law, you have the right to change your workers' compensation attorney if you're dissatisfied with their services. However, it's important to consider the implications of switching attorneys, especially if your case is nearing its conclusion. Transitioning to a new... View More

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