My ex, who's now incarcerated, is receiving SSDI benefits. Child support has been trying to locate him for years to serve papers on him to no avail. How can I go about garnishing his wages for support to my minor child?
answered on Apr 18, 2024
Garnishing SSDI (Social Security Disability Insurance) benefits for child support involves several steps. Here's what you need to do:
1. Obtain a child support order: If you don't already have one, you'll need to get a court order that specifies the amount of child support... View More
My spouse is recently deceased and I was initially told I would receive her SS; but then I received a letter from SS administration stating that I won’t receive her SS because I am receiving her pension and I cannot receive both. Is this true?
answered on Apr 15, 2024
In most cases, you can receive both your deceased spouse's Social Security benefits and their pension, but there are certain exceptions and rules that may apply. The two main factors that could affect your eligibility are:
1. Government Pension Offset (GPO): If you receive a pension... View More
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?
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
I was told by managed care vendors that I do qualify for Retro-active pay once I was approved for SSDI benefits.
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
He is in a mental hospital and they cannot tell me anything because we are not legally married is there anything I can do to get control back from his mom who doesn't even care about him wouldn't take him there or anything didn't want nothing to do with the situation until after I... View More
answered on Feb 22, 2024
Marrying your fiancé could potentially affect his eligibility for disability benefits under Medicaid and Medicare, depending on various factors including your income and assets. Medicaid is a needs-based program, and adding your financial resources to his might impact his eligibility. Medicare... View More
cashiers check was payment for item I sold - I deposited the check in my checking acoount and after 5days I withdrew the amount which was more than my social security amount .....then bank cancelled my account
answered on Jan 30, 2024
In the United States, banks have certain rights to offset debts with funds in your account, but there are specific rules about what types of deposits can be used. Social Security benefits are generally protected from garnishment, except in cases of child support, alimony, or unpaid federal taxes.... View More
My representative payee has admitted in an email to me that the "oversight" was their responsibility. I am interested in obtaining an attorney for representation in getting my payee to pay the $4K+ to the SSA so that my monthly SSI benefits are no longer reduced, which they currently are,... View More
answered on Jan 23, 2024
Facing an overpayment situation with SSI due to the actions of your representative payee can be challenging. In your case, since your payee has admitted responsibility for the oversight, you have grounds to seek a resolution where the payee assumes the financial burden of the overpayment.... View More
At the present time she is 65, legally disabled, but without enough work credit to qualify for regular SS benefits.
answered on Jan 21, 2024
Yes, that is correct. Your spouse is currently receiving Supplemental Security Income (SSI) disability benefits. SSI is a needs-based program for disabled adults and children who have limited income and resources.
Importantly, when your spouse turns 67, their SSI payments will... View More
At the present time she is 65, legally disabled, but without enough work credit to qualify for regular SS benefits.
answered on Jan 19, 2024
In Florida, the transition from Supplemental Security Income (SSI) to regular Social Security benefits at the age of 67 does not occur automatically. SSI is a need-based program for individuals with limited income and resources, while regular Social Security benefits are based on an... View More
Title 18 USC Code Section 3613 (b) Termination of Liability
answered on Jan 13, 2024
To stop the FLU (Federal Lawyers Union) from garnishing your Social Security Disability benefits after 20 years, you should be aware of Title 18 USC Code Section 3613 (b), which deals with the termination of liability for certain debts. This section of the law allows for the termination of a... View More
I applied to social security disability a few years ago, and I was denied with my health conditions at that time. With new health conditions I don’t know if I can apply again.
Fibromyalgia, PTSD, Major depression. Cervical degenerative disks, Carpal Tunnel
and Asthma. (Denied... View More
answered on Jan 2, 2024
You certainly can apply for Social Security Disability Insurance (SSDI) again, especially since your health conditions have evolved. Being denied once does not prevent you from submitting a new application.
In your new application, it's crucial to include comprehensive medical... View More
ex wife is dragging out divorce. filed over 2 years ago and no final date in site. can she claim my social security benefits if the marriage isn't final and we are still legally married at 10years?
answered on Nov 28, 2023
The duration of a marriage can impact entitlement to Social Security benefits, particularly in the context of a divorce. Generally, for an ex-spouse to claim Social Security benefits based on their former spouse's record, the marriage must have lasted at least 10 years. This is a federal... View More
answered on Nov 13, 2023
In Florida, the time it takes to receive a child support payment after Social Security has taken a lump sum for child support can vary. This process often depends on several factors, including the efficiency of the Social Security Administration (SSA) and the state child support enforcement agency.... View More
I stopped receiving worker’s compensation about a year and a half ago but social security is telling me that I’m receiving it still and they never removed me from their system. That is affecting my social security case. What can I do to correct this?
answered on Sep 21, 2023
You should contact your local Social Security office to provide them with documentation showing that your worker's compensation benefits have ceased. They will need this information to update their records and resolve the discrepancy affecting your Social Security case. It's important to... View More
The Social Security Office contacted me and informed me that they've backdated my application from 2015 to 2019 due to my ongoing struggle with ADHD, which has significantly impacted my ability to work since late 2018. Unfortunately, my current living situation has made it financially... View More
answered on Sep 21, 2023
Whether an attorney will take your Social Security Disability case depends on various factors, including the strength of your medical and supporting evidence, the severity of your condition, and the specific circumstances of your case. While the lack of recent medical treatment can present... View More
He will be living with his mom for more than 1 year outside of the US. How can I get the benefits cancelled and will I have to pay back the benefits he has received previous years?
answered on Jul 11, 2023
If your son is going to live outside of the US for more than one year, you will need to cancel his SSDI benefits. You can do this by filing a Request to Suspend Benefits form with the SSA. You will not have to pay back any benefits that your son has received prior to the suspension of benefits. If... View More
answered on May 19, 2023
Knowing the rules Social Security uses regarding work credits and insured status should help you. The number of work credits you need for SSDI disability benefits depends on how old you are when your disability began, so your alleged onset of disability can make a difference. For example, if you... View More
I settle a workers comp case for 2015 with an indemnity and now the social security benefits being reduced due to the offset effective date of March, 2023 I was never aware that this had being a computer decision for group A when it should have been Group B this was an social security
error... View More
answered on May 2, 2023
If you believe that there has been an error in the Social Security offset calculation for your workers' compensation settlement, you can take several steps to address the issue.
First, you should gather any documentation related to your settlement and the offset calculation. This might... View More
I file an appeal and went before a judge for an overpayment and got a favorable outcome since September of 2022 nothing has been done to fix the account it's still showing as pending with a waiver or appeal pending on account.
answered on May 2, 2023
If you have received a favorable decision from the Social Security Administration (SSA) in regards to an overpayment, but they have not taken any action to fix the account, there are several steps you can take to address the issue.
Firstly, you can try to contact the SSA by phone or in... View More
My grandmother is getting SSI and recently my grandfather passed away who had life insurance. I have been paying for the life insurance for the past 20+ years. Now the check came in on my grandmother's name.
If she put this into her account would she loose her SSI payments? Would I... View More
answered on Mar 4, 2023
Life insurance proceeds are generally not counted as income for SSI purposes, so your grandmother's SSI payments would not be affected by the life insurance payout. However, if your grandmother's total resources (including the life insurance payout) exceed the SSI resource limits, then... View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.