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Social Security Questions & Answers
2 Answers | Asked in Social Security for California on
Q: Does rental income count as earned income for social security work credits if owner managed the property personally?

I owned and personally managed and worked on the rental property.

Elizabeth Fowler Lunn
Elizabeth Fowler Lunn answered on Jun 22, 2021

Credits are earned when you work and pay Social Security taxes on the income. This is different than paying income tax. You should speak with a CPA or tax professional about making sure that you pay the tax. Those people are often trying to keep your tax bill as low as possible. You may not be... Read more »

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1 Answer | Asked in Social Security for Minnesota on
Q: I can't find a lawyer for my SSI appeal is there no hope?

I had a lawyer file my initial application but I see now it wasn't filed correctly. I had no knowledge before about the date last insured which is 2015 and I have not worked since 2011. I do have assets so it makes things even worse and now from a car accident, I'm crippled up even worse... Read more »

Elizabeth Fowler Lunn
Elizabeth Fowler Lunn answered on Jun 22, 2021

I'm not clear what part of your application you think was filed incorrectly. If your date last insured in in 2015 then you would have to prove that you became disabled before that date in order to be paid Title 2 disability benefits based on your work history. That can be really difficult but... Read more »

1 Answer | Asked in Social Security for Pennsylvania on
Q: I retired from US Post Office i get my Civil Pension Plan . Social Security tells me, i can not get my Social Security

benifits, is this correct?. And if so, is their away to at least get my money that i put in over all the years that i worked?

Peter N. Munsing
Peter N. Munsing answered on Jun 11, 2021

Depending on when you were hired, when you worked, what was taken out for what and paid where you may or may not get Social Security Retirement benefits of you may get them at a reduces level. Start by getting an explanation in writing from Social Security. Make sure you have your payroll records,... Read more »

1 Answer | Asked in Social Security for Pennsylvania on
Q: My lawyer received 50% of my back pay for his fee. Was he overpaid?
Peter N. Munsing
Peter N. Munsing answered on May 25, 2021

answered on one of your other posts. The other thing he or she can claim for is costs.

1 Answer | Asked in Social Security for Pennsylvania on
Q: My ssi lawyer received 50% of my back pay in fees. Was he overpaid?

There was only one appeal and two court cases that he took part in.

Peter N. Munsing
Peter N. Munsing answered on May 25, 2021

You have to look at the fee petition he filed. He should have sent you a copy. It's a question of what he did in terms of hours, the hourly fee (you have to match this with your fee agreement).

2 Answers | Asked in Social Security for Pennsylvania on
Q: My lawyer requested $9,000 on a fee petition but got almost twice that. Was he overpaid?

I received only a little more in back pay than my lawyer got in fees

Elizabeth Fowler Lunn
Elizabeth Fowler Lunn answered on May 24, 2021

Attorneys cannot collect or charge a fee unless it is approved by Social Security. Many times all of the letters and decisions going back and forth, including the Notice of Award of your benefits as well as the decision regarding the fee petition can get quite confusing. Social Security often... Read more »

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1 Answer | Asked in Social Security for Colorado on
Q: Hi, me and my husband are on ssdi. My 15 year old granddaughter came to live with us. Can I get money for her on my ssdi

My granddaughters mother is the one that send her to live with us. She said she has to live with us until she is 18 or older. Can I get any kind of help for her.

Kenneth Prigmore
Kenneth Prigmore answered on May 22, 2021

It may be possible to receive funds to care for your granddaughter. One issue that may come up is your relationship with her. Are you now her legal guardians? The Social Security Administration (SSA) may require proof of this relationship.

Call 1 (800) 772-1213 to talk to someone at SSA,...
Read more »

1 Answer | Asked in Social Security on
Q: I am going to need legal assistance as age 20 special needs comes off Ssi and Ssdi due to income. Needs miller trust.

Miller trust retains FSSA Waiver and Medicaid.

Elizabeth Fowler Lunn
Elizabeth Fowler Lunn answered on May 20, 2021

You will need to speak to an estate planning attorney in your area that regularly drafts special needs trusts. SSI benefits do have income and asset limits. SSDI benefits do not. You may be eligible to set up an ABLE account (depending on the source and amount of income) that would protect SSI and... Read more »

1 Answer | Asked in Social Security for California on
Q: When I applied for Disability on a duel application FOR benefits SSA determined me medically disabled and permanent SO

My question is then there is only one medical approval for either SSI OR SSDI WHEN I first applied and I was only given SSI BUT a few months later IRS AMENDED MY EARNINGS AND then I qualified for SSDI SO I don’t have to redo another medical review by DDS A SECOND TIME OR JUST A REOPENING because... Read more »

Cory Allison DeLellis
Cory Allison DeLellis answered on May 19, 2021

Good morning Clovis,

Social Security may review your disability status every year or so to make sure that you are still "disabled" under their rules. They generally do this by reviewing your medical records. If they see anything alarming in your medical records which may indicate...
Read more »

3 Answers | Asked in Social Security and Bankruptcy for Michigan on
Q: Can creditors put a lien on our home if my husbands social security money is secured in a different account?
Cristina M. Lipan
Cristina M. Lipan answered on May 18, 2021

A creditor may seek a judgment lien against real property that is owned by the Debtor (the individual who owes the creditor money). Social security income is generally not available to creditors, but it has to be in separate bank account from other funds. Bankruptcy may be an option, but you will... Read more »

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2 Answers | Asked in Social Security for Alabama on
Q: My nephew is paralyzed from a stroke - no assets or insurance. Can an attorney expedite SSD and Medicare benefits?

He is 50 with a 15 year old. Has not been employed for a couple of years. Brook wood is trying to move him as soon as they can find a facility that will take him without insurance, may even be out of state. He is not getting the physical therapy he needs.

Kenneth Prigmore
Kenneth Prigmore answered on May 17, 2021

The short answer is yes. An attorney can gather the medical evidence and send it all in at the start. I have seen this happen with a paralyzed client in the past. If you have clear evidence, it can go very quickly. Mine took less than a month. I am not taking clients, but I am sure you can find a... Read more »

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1 Answer | Asked in Social Security on
Q: I have a question about stimulus payments with people on SSDI.

Hi there.

This is a long shot seeing this site is about legal issues but can't seem to find help anywhere else and trying to contact the IRS seems impossible.

I'm on SSDI and haven't received my third stimulus payment yet.

I was married and filing a joint... Read more »

Kenneth Prigmore
Kenneth Prigmore answered on May 17, 2021

I don't have much info to give you, but here is the IRS website on topic:

https://www.irs.gov/coronavirus/get-my-payment

1 Answer | Asked in Small Claims and Social Security for Colorado on
Q: I am 18 and my mom is threatening to throw away everything that I left behind, and won't give me my SSN card. Can she?

I moved out 5 months ago, 24 hours after I turned 18. I wasn't able to take much due to having to secretly leave.

She is stating that she throw away, sell, or is just not give me my things. What was would be the best thing to do

I also am wondering what to do as she is saying... Read more »

Kenneth Prigmore
Kenneth Prigmore answered on May 14, 2021

Call the police. Tell them you want to peacefully enter the home and collect your belongings. They can meet you at the house at a specific time. It should probably be a time when someone is at home. While moving your stuff out, tell the police that your mom has your SS card and that you want it.... Read more »

1 Answer | Asked in Social Security for Texas on
Q: Disabled son was on SSA. Without notification, they stopped his checks. He has HSP. No cure yet, can someone help him?

He has been disabled since birth, he was on SSI, then he got on SSA, without any letter or any communication , they just stopped his checks, he had no option to appeal this decision. On the SSA site, it said he was no longer disabled. What can he do about this? He lives in Weatherford, Tx

Elizabeth Fowler Lunn
Elizabeth Fowler Lunn answered on May 13, 2021

He needs to contact his local Social Security office and get them to mail him a copy of the decision. It's possible that they had an old address for him and he did not get his notice. He may also have missed the mail for the case review. He can also call the national toll free number at... Read more »

1 Answer | Asked in Social Security on
Q: I have OA in both knees can I get disability?

The unemployment commission wants me to find a full-time job in order to get my unemployment. I am a medical screener at my present job my hours went down to part-time because of covid-19, They want me to look for full-time employment I recently had a total knee replacement on my right knee and I... Read more »

Elizabeth Fowler Lunn
Elizabeth Fowler Lunn answered on May 12, 2021

Depending on how much you are currently working and earning you may qualify for disability benefits. There are several things Social Security will consider, including your age and your past work. But if you are earning what they consider to be substantial gainful earnings (even through part-time... Read more »

1 Answer | Asked in Social Security for Texas on
Q: I have been divorce for over 20 years is my ex wife entitled to any of my social security money?
Elizabeth Fowler Lunn
Elizabeth Fowler Lunn answered on May 5, 2021

That depends on how long you were married, whether or not she has remarried, etc. However, if she is eligible for payment based on your work record, it does not affect the amount of your payment.

1 Answer | Asked in Social Security on
Q: Best way obtain social security work record
Elizabeth Fowler Lunn
Elizabeth Fowler Lunn answered on May 3, 2021

You can see the earnings Social Security has a record of by setting up for free account on Social Security’s website. You can also request that they mail you the record.

1 Answer | Asked in Social Security for New Jersey on
Q: My sister had child w/man & he immediately left her. My sister died & my niece was only 8. She received survivor ss

He married after my sister died. His children receive survivor benefits from my sister. My sister never met his children. How can this be? Social security took over $200 a month from my niece & split it with his 4 children he had with his wife. I don't understand how this can be. My sister... Read more »

Elizabeth Fowler Lunn
Elizabeth Fowler Lunn answered on Apr 30, 2021

Since a birth certificate has to be supplied to prove parentage for a child to receive survivor's benefits, it is not likely that his other children are collecting a payment. The person that told you his children are collecting may just be incorrect. Your niece's legal guardian (if it is... Read more »

1 Answer | Asked in Social Security for Missouri on
Q: Are there any pro bono laywers to help woth disability overpayments?

There is an overpayment they keep trying to stop my payments to pay back. When i moved 5 years ago to missouro from tennessee all of the sudden there was over payment but never have i ever recieved one unless it was when my mother was payee for me and said nothing. No one is giving me answers on... Read more »

Elizabeth Fowler Lunn
Elizabeth Fowler Lunn answered on Apr 28, 2021

I would suggest contacting Legal Aid because they may have an attorney on staff or a volunteer attorney who can assist you with this. Try to collect any letters or notices you have gotten from Social Security about the overpayment they say that you owe.

A waiver of the overpayment is...
Read more »

1 Answer | Asked in Personal Injury and Social Security for Pennsylvania on
Q: I am an orphan who has been kept from exercises around my orphan also starved and robbed for my social security

Who do i contact law firm?...or officers my contact info ..my original bc my name is it in Philadelphia....

Tim Akpinar
Tim Akpinar answered on Apr 20, 2021

This is really something that a Pennsylvania attorney familiar with child protection matters would know how to handle. I'm not certain if there is such a category here that deals with child welfare services or child protective services. The closest category might be Family Law - If you were... Read more »

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