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Social Security Questions & Answers
2 Answers | Asked in Bankruptcy and Social Security for Washington on
Q: My only Income is social security. I’m looking For pro Bono bankruptcy info in the Everett WA.
Timothy Denison
Timothy Denison answered on Sep 23, 2021

Call your local bar association or Legal Aid Society.

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1 Answer | Asked in Social Security for Texas on
Q: On SSDI r/t stroke-2020. If income from p/t work put in 401k entirely (taxable income 0) does it jeopardize my SSDI?

MD would not release me for f/t work. Am RN.

Neuropsychiatrist eval established disability.

58 yo white female.

Offered PART-TIME transcription work (16 hr/wk).

Would be <1260/month.

Can't lose SSDI. Would this jeopardize it?

Elizabeth Fowler Lunn
Elizabeth Fowler Lunn answered on Sep 21, 2021

Part-time work can be considered substantial gainful employment by the Social Security Administration. It makes no difference that you would be putting the money into a retirement account. SSA rules would still classify this as income and would need to be reported to SSA even if it is not taxable... Read more »

1 Answer | Asked in Social Security for Arizona on
Q: IF I AM SUED CAN THE TAKE MY social security
Susan Michele Schaefer
Susan Michele Schaefer answered on Sep 20, 2021

Your Social Security benefits can only be garnished for unpaid Federal taxes, delinquent non-tax debts owed to other federal agencies, unpaid child support and alimony, and any court ordered victims restitution. Social Security benefits are protected from garnishment when it comes to private debt ,... Read more »

1 Answer | Asked in Social Security for Texas on
Q: On SSDI r/t stroke-2020. If I'm paid salary that's all put into retirement acct is it still reported to SSA as income?

Can it disqualify me from receiving benefits?

Kenneth Prigmore
Kenneth Prigmore answered on Sep 20, 2021

The SSA Disability determination will be based on your ability to show up and do full time work. Your actual income has little to do with the equation. Sometimes there are exceptions based on you getting paid more than you are able to earn due to a generous employer that is aware of your... Read more »

2 Answers | Asked in Gov & Administrative Law, Public Benefits and Social Security for California on
Q: I will be going before an Administrative Law Judge for Social Security disability benefits. Any clinics around to help?
Elizabeth Fowler Lunn
Elizabeth Fowler Lunn answered on Sep 15, 2021

There may be a local law school with a clinic for disability benefits so you could call around and ask. If you are concerned about not having money to pay a lawyer you don’t need to worry about that. You don’t pay up front and the attorney only gets paid a percentage of your back benefits if... Read more »

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1 Answer | Asked in Banking, Collections, Identity Theft and Social Security for Nevada on
Q: Credit report account made but not by me?

So I go to credit karma to make acc. They tell me a acc already made with a email. And told me what email. My biological fathers. And so on. Apparently goes on it everyday? Why? My credit. I’m 25. I am mentally disable. Growing up. I guess as a aunt said. He used me for debt. Wells Fargo credit... Read more »

Susan Michele Schaefer
Susan Michele Schaefer answered on Aug 30, 2021

If someone has misused your Social Security number or other personal information to create credit or other problems for you, then you need to take action right away. Go to IdentityTheft.gov - it is a website managed by the Federal Trade Commission (FTC) - and they will help you with a recovery... Read more »

1 Answer | Asked in Appeals / Appellate Law and Social Security for Oregon on
Q: I need help filling an appeal with social security. There are several reasons they said they denied that were false,

They have Drs I never seen saying I can do things I can not do,

They disagree because I did not stay over night just treated and release for

for COPD and chronic bronchitis, (I have most meds at home to help)

I am now using a walker most of time but can use my cane for... Read more »

Susan Michele Schaefer
Susan Michele Schaefer answered on Aug 26, 2021

I am sorry to hear that Social Security denied your disability claim.

You have 60 days to appeal this decision. Make sure that you file the appeal timely, even if you are still looking for someone to help you with your claim.

You should consult with a disability attorney right...
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1 Answer | Asked in Social Security for California on
Q: CAN A MENTALLY ILL PERSON REPRESENT THEMSELF IN A SSI DISABILITY CASE

IF A DEFENDANT HAS A SSI DISABILITY CASE FOR BEING MENTALLY ILL AND BLIND - CAN HE REPRESENT HIMSELF IN COURT WITHOUT A COMPETENCY HEARING

Elizabeth Fowler Lunn
Elizabeth Fowler Lunn answered on Aug 26, 2021

If you have applied for SSI and have an upcoming hearing with a Social Security ALJ for that claim you are not a defendant. Typically in Social Security hearings you are not required to have an attorney. That being said I would strongly encourage you not to represent yourself. There are a lot of... Read more »

1 Answer | Asked in Social Security for New Jersey on
Q: I am on SSDI ( due to ms) and i'm in a irrevocable special needs trust with my brother who can't pass his portion to me

We are both equal ownership (inheridence from father who just died) but due to the fact he is involved with a bankruptcy which will not let him pass ownership to me. Do we have any options with out being forced to give up the condo(currently I am living there) at and have to move out? and can he... Read more »

Elizabeth Fowler Lunn
Elizabeth Fowler Lunn answered on Aug 26, 2021

I’m sorry that your father has passed and your brother is in a difficult circumstance. His bankruptcy attorney can explain all of his options with regard to the trust. His attorney may also need to consult with a probate/estate planning attorney. Because the laws regarding the trust are state... Read more »

1 Answer | Asked in Social Security for New York on
Q: im looking for a lawyer that can help with filing application for ssdi around the plattsburgh ny 12901 area
Tim Akpinar
Tim Akpinar answered on Aug 19, 2021

You could use the Find-a-Lawyer tab above. In the third column of practice areas, you'll see the linked text "Social Security Disability." You should be able to search by county or city. Plattsburgh or Clinton county might not immediately come up in the basic results. You might have... Read more »

2 Answers | Asked in Family Law and Social Security for Oklahoma on
Q: I am 18 years old and I want to change my last name to my birth dad's last name he died when I was seven what do I do

My grandpa who was his dad said I could and if need to we could do a DNA test with me and him but it's a complicated situation because my dad died when I was seven and I have no records of him except pictures when I was little and he signed in as my dad when I was born but never put on my... Read more »

Kenneth Prigmore
Kenneth Prigmore answered on Aug 18, 2021

I do not practice in Oklahoma, but your question appeared in my email today. Most attorneys will talk to you for free to see if they can help you. I recommend doing a google search for "oklahoma name change attorney". This will give you the contact info for several attorneys that... Read more »

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1 Answer | Asked in Social Security for California on
Q: How can we obtain a legal court ( embossed), wet ink document appointing my wife, Mary Scott as executor of her aunts

estate? We are dealing with social security, and need this court document to get info for her aunts estate. Can you help? thank you very much, Ca. and/or Roseville Ca. area only please.

Elizabeth Fowler Lunn
Elizabeth Fowler Lunn answered on Aug 4, 2021

You will need to talk to the clerk of court where her aunt resided about the process. It will depend on whether or not her aunt left a will naming an executor. Your wife could also speak with an attorney that handles probate cases. Most attorneys who do estate planning (wills and trusts) will know... Read more »

1 Answer | Asked in Social Security for Tennessee on
Q: My son got diagnosed with Combined ADHD. ODD. Anxiety. and Conduct Disorder. Does he qualify for SSI?

I had to quit my job in June. He got kicked out of two day cares because of being extremely violent towards other kids and staff. He choked a kid at Boys and Girls Club and broke a kids eye glasses. He was also hitting. He is very violent towards others. We are currently doing regular check ups... Read more »

Susan Michele Schaefer
Susan Michele Schaefer answered on Aug 4, 2021

You are so right to explore whether your son could qualify for child SSI.

SSI is a needs-based program, so there are limited income and resource requirements. Disability underChild SSI is defined as the child having physical or psychological impairment(s) that very seriously limits his...
Read more »

1 Answer | Asked in Social Security for Rhode Island on
Q: My father died, I am an unmarried only child that is on disability, can I claim survivors benefits ?
Elizabeth Fowler Lunn
Elizabeth Fowler Lunn answered on Aug 2, 2021

You cannot get survivors benefits because you are an adult. If you became disabled prior to age 22 and have never been married you can file for Disabled Adult Child benefits.

1 Answer | Asked in Social Security for Oklahoma on
Q: After being incarcerated for 4 years, I'm being told I must begin all over again to get my SSDI benefits, is this true?
Elizabeth Fowler Lunn
Elizabeth Fowler Lunn answered on Aug 2, 2021

Yes. You will need to file a new application for benefits. Benefits are ceased after 12 months of incarceration. If your minor children were receiving benefits because of your disability those likely continued while you were gone.

1 Answer | Asked in Social Security for New York on
Q: i need help with filing the application for ssdi. are there any around clinton county new york that can help?
Tim Akpinar
Tim Akpinar answered on Aug 2, 2021

Look toward the top of this page. You'll see linked text, "Find-a-Lawyer." Click that and you'll get a page with three columns of practice areas. Toward the bottom of the third column, you'll see linked text, "Social Security Disability." Click that and then... Read more »

1 Answer | Asked in Social Security for Texas on
Q: My husband gets ssdi. If he goes to jail and he supports me will I still be able to pay rent with his benefits
Susan Michele Schaefer
Susan Michele Schaefer answered on Jul 29, 2021

If your husband is incarcerated for more than 30 continuous days,, his SSDI benefits will be suspended and only the auxiliary benefits to you as his spouse and his children will continue as long as they meet the eligibility requirement. Knowing this, hopefully you can work out what you need to do... Read more »

1 Answer | Asked in Social Security, Real Estate Law and Collections for Florida on
Q: in Florida, how to put a restitution lien on a property to compensate for stolen social security checks from my mailbox

my brother was caught stealing my mail from my mailbox. My father (now deceased) was living with me at the time. Brother was cashing the checks with forged signatures. Brother is trying to sell a property. Can I put a lien on his property to collect the money he stole?

Barry W. Kaufman
Barry W. Kaufman answered on Jul 28, 2021

No. There's no such thing as a restitution lien in Florida. If the checks were your father's, the representative of his estate would have to sue your brother in civil court and obtain a judgment, then record the judgment as a lien.

1 Answer | Asked in Social Security for Indiana on
Q: When I got a divorce, one of the agreements threw court was that I wouldn't have to pay child support.

I got divorced 8 years ago. We both got joint custody. She however is the custodial parent. I haven't seen my son for at least 6 7 years now. My ex moved with my son and stopped contacting me. I don't know where they live now. He will be 18 soon. I remarried and have 2 other children.... Read more »

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

You posted this question in another state and as was explained there, the order to pay or not pay child support under state law has no bearing on this federal benefits program. All of your biological children are eligible for benefits until they turn 18 or until 19 if they are still in high school... Read more »

1 Answer | Asked in Social Security for Indiana on
Q: I got divorced 8 years ago. My ex wife is the custodial parent of my son. I wasn't court ordered to pay child support.

I just got approved for ssdi. I'm remarried with 2 other children in my home. Their benefits are on hold until my ex wife is found and notified that my son that lives with her...may be able to receive benefits threw me. It's making it rough because I can barely support my wife and... Read more »

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

All of your minor children are eligible me for benefits if your individual payment is below the family maximum payment. The difference between your payment and the family max can be up to 1/2 of your payment. Whatever that amount is will be split equally between your children. It does not reduce... Read more »

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