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Social Security Questions & Answers
1 Answer | Asked in Family Law and Social Security for Michigan on
Q: court says the file is closed on conservatorship....the woman that was it, say she is only payee. who is trustee then?

son had conservator for special needs trust which i set up when he was 17 ( he's now 36). I got guardianship back and when I petitioned in 2020. I petitioned to be conservator this year, but the court said the case is closed?! Woman that was his guardian/conservator says she is now only his... Read more »

Brent T. Geers
Brent T. Geers
answered on Aug 3, 2022

Sounds like the conservatorship may have been in place because of your son's age at the time (under 18). At some point, it was closed because 1) he was over 18, and 2) his only source of income became his SSDI, for which a payee serves the same purpose as a conservator.

If you were...
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1 Answer | Asked in Child Custody, Divorce and Social Security for Michigan on
Q: Who gets kids part of one spouses SSD, if getting divorced?

Husband suffered from mental health, can not drive, severe memory loss.

Brent T. Geers
Brent T. Geers
answered on Aug 1, 2022

Most often, it would be to the parent with primary custody / recipient of child support, in lieu of a calculated support amount.

1 Answer | Asked in Social Security for Tennessee on
Q: If a person is disabled on disability can they inherit property/money without losing the disability check?

Friends mom passed away she’s next of kin but has to create an estate. Would this affect/take away her disability.

Anthony M. Avery
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Anthony M. Avery
answered on Jul 26, 2022

Friend needs to consult with a competent TN attorney, and not announce this on a public forum. And yes he may be rendered ineligible for SSI.

1 Answer | Asked in Family Law and Social Security for Florida on
Q: I was born in Philadelphia ps in 2001 at home. I have 12 siblings that have an ssn but I do not.

I am wondering if there is anything else I can do. I applied many times already. And almost lost hope. I hope I can get help

Susan Michele Schaefer
Susan Michele Schaefer
answered on Jul 17, 2022

The best place to find out about the evidence requirements to obtain a Social Security number and card is at 20 CFR 422.107. See https://www.ssa.gov/OP_Home/cfr20/422/422-0107.htm. To obtain an original Social Security number card, you must submit convincing evidence of:

1. your age,...
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1 Answer | Asked in Estate Planning, Elder Law and Social Security for Florida on
Q: My son’s grandmother through a codicil in her will, set up a Trust for him in January 2000. To date he has seen no $.

The executrix, his adult cousins, have repeatedly refused reasonable requests for access to those funds (for legitimate expenses) since 2014. During that year his father passed and he needed living expenses and medical services. In 2020 to present they have repeatedly refused to relinquish any... Read more »

James W. Martin
James W. Martin PRO label
answered on Jul 15, 2022

Florida Statutes Section 736.0813 sets forth some of the information that beneficiaries of Florida trusts are entitled to receive. You can read it here: http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0736/Sections/0736.0813.html . In any... Read more »

Q: I am currently in the middle of a SSA reconsideration that has been going on since February 7. On May 4 , I had a stroke

This led to a diagnosis of Severe Aortic Stenosis, covered by compassionate allowance of disability. I was given about a year" give or take a few months" without two life- saving surgeries. My disability caseworker was notified immediately after diagnosis. 6 weeks later, I find she never... Read more »

Andrew Charles Burrell
Andrew Charles Burrell
answered on Jun 27, 2022

I am sorry for your issues and the delay in answers, however it is not uncommon in the social security field for a reconsideration to remain pending for 8 to 10 weeks. You should have access to your file online that can advise you where the reconsideration stands. If that is denied, then you... Read more »

1 Answer | Asked in Consumer Law, Social Security, Civil Rights and Constitutional Law for Texas on
Q: I have a statement showing I have/had the 40 required amount of work credits needed to be eligible for SSDI

I made $20,000+yr for years until my health decline making my income drop significantly. I applied for benefits and I have been given misinformation, denied continuously,lied to, told my condition is not as severe as I think I is, have errors in case file, and more but yet has conditions and... Read more »

Elizabeth Fowler Lunn
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Elizabeth Fowler Lunn
answered on Jun 26, 2022

You haven’t provided enough information for anyone to tell you if you have a good case or not. You also aren’t clear about whether you are wanting to obtain disability benefits or sue the SSA for discrimination. If you have already provided detailed information to several lawyers and they have... Read more »

1 Answer | Asked in Social Security and Public Benefits for California on
Q: SSDI application declined

I've had submitted an on-line application for SSDI, but it was declined because I "have not worked long enough under SS". Even though my SS statement says that I have 40 work credits necessary for benefits, they apparently looked only at the last 10 years of taxable income.... Read more »

Susan Michele Schaefer
Susan Michele Schaefer
answered on Jun 16, 2022

To be eligible for SSDI disability benefits, you must meet BOTH a recent work test and a duration work test. The number of credits necessary to meet the recent work test depends on your age. In general, the rules are as follows:

Before age 24 - You may qualify if you have 6 credits earned...
Read more »

1 Answer | Asked in Social Security for North Carolina on
Q: Under social security rules, how does the SS admin and DDS handle fraudulent healthcare records?

I have been disabled with PTSD for 3 years. The PTSD is from extreme criminal abuse by my former employer, Wells Fargo, and my former hospital, Atrium Health. I turned both in to the US DOJ, who sponsored a cover up + additional criminal abuse of me. The bulk of my healthcare records are from... Read more »

Elizabeth Fowler Lunn
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Elizabeth Fowler Lunn
answered on Jun 12, 2022

You cannot appeal just the onset date. If you file an appeal to try to get an earlier onset date then you are appealing the entire decision. You may wind up with a final decision that you are not eligible for benefits at all. No matter what disability onset date you are given, you can only receive... Read more »

1 Answer | Asked in Social Security for New York on
Q: Hello, I was wondering if there is a Statute of limitations on requesting a short term disability checks to be reissued?

I became disabled while working in 2018. I was receiving short term disability from my employer. I went into the hospital in October of 2019 and I was under the impression from a voice mail from the man who handles my claim that it was terminated due to failure to get them paperwork in time. When I... Read more »

Tim Akpinar
Tim Akpinar
answered on Jun 8, 2022

I'm sorry your question remains open for a week. The question may have gone unnoticed under this category. There's no guarantee all posts are ultimately picked up, but you could try reposting under Social Security. If you believe the checks might be floating around out there, you could... Read more »

1 Answer | Asked in Family Law, Child Custody, Child Support and Social Security for New Jersey on
Q: If judge determines no CS due to equal joint custody, can other parent be granted " turn over full SSD Auxiliay benefit

Judge said, "benefits follows the kid" & "is not child support." Ex makes WAAAAAAY more than I. I receive SSD & kid gets it on my disability. Plus, I am req to provide separate living space for kid. (Shared parent rule) BUT how can I afford room with out the benefit that... Read more »

Richard Diamond
Richard Diamond
answered on Jun 2, 2022

you need to schedule a consultation with a family law specialist to discuss the order entered by the court. I presume that you appeared pro se in connection with the entry of that court order and therefore a family law attorney needs to read the pleadings filed with the court, the court's... Read more »

1 Answer | Asked in Workers' Compensation and Social Security for North Carolina on
Q: How does a lump sum worker's compensation settlement affect future SSDI monthly payments? Please see details.

Hello! My husband received a WC lump sum settlement of 155,000.It was structured that he will "receive" $119/wk for the next 25 years.(even though he already received it all in one sum) He made around $80k per year when working. If he files and wins his SSDI case, his monthly payment will... Read more »

David Gantt
David Gantt
answered on May 24, 2022

Social Security Administration will not permit individuals to receive more than 80% of pre-injury monthly gross earnings from combined Workers' Compensation (WC) and Social Security Disability (SSD) payments. This policy was enacted to avoid the situation where injured workers are making more... Read more »

1 Answer | Asked in Social Security for Florida on
Q: Is a SsA representative payee allowed to marry the beneficiary they represent or will it. Cause issues?
Susan Michele Schaefer
Susan Michele Schaefer
answered on May 22, 2022

There is no restriction about a beneficiary being married to the person who is their representative payee. In fact, Social Security prefers to appoint a responsible relative, friend, or other interested party to serve as a representative payee, then they consider others, such as an organization to... Read more »

1 Answer | Asked in Medical Malpractice and Social Security for Minnesota on
Q: Is it possible to get a lawyer to HELP ME?? S.O.S‼️‼️ My case will be dismissed soon without one. I was massacred!

I had applied for disability in 2015, and the Social Security Administration did a long & full review of everything and decided that in 2015, 2016, and 2017 I was NOT disabled -UNTIL- after my two 'botched' surgeries in 2017. Since then, I have been extremely physically sick, I still... Read more »

Tim Akpinar
Tim Akpinar
answered on May 15, 2022

I'm sorry your question remains open for three weeks. You describe an urgency in terms of time. At this point, you could reach out to law firms to try to set up a free initial consult instead of losing further time awaiting a response here.

For the disability-related matter, you could...
Read more »

1 Answer | Asked in Social Security for Indiana on
Q: If my wife receives SSDI and withdrawals from 401k will she lose her benefits

Do we need to report the withdrawal to SSDI

Susan Michele Schaefer
Susan Michele Schaefer
answered on May 14, 2022

No, your wife would not lose her SSDI benefits if she withdraws from her 401k retirement. Since individual retirement plans have no effect on SSDI eligibility, your wife would not have to report 401k withdrawals to Social Security. She would report things such as her new address if she moves or a... Read more »

1 Answer | Asked in Civil Rights, Health Care Law, Public Benefits and Social Security for Texas on
Q: What law sections and codes do I look for when I am have lung agenesis ICD 10 code Q33.3 which is nationally covered ssa

Im 36 born with lung agenesis aka only one lung, I have severe mental health issues, I have the required amount of work credits and my ICD 10 code Q33.3 is nationally covered under the Americans with disabilities act but the ssa says that my condition is not as severe as I think it is. The... Read more »

Elizabeth Fowler Lunn
PREMIUM
Elizabeth Fowler Lunn
answered on May 8, 2022

You can read the regulations related to Social Security regulations to see how Social Security considers claims for disability benefits. SSA is making a decision as to whether your medical issues are so severe that they prevent you from doing all work that exists in the national economy. The ICD 10... Read more »

1 Answer | Asked in Social Security for Texas on
Q: I am 59 years old, I am 100% P&T disabled through the VA. I am needing to file for SSDI, should I hire someone to help.
Susan Michele Schaefer
Susan Michele Schaefer
answered on Apr 27, 2022

Yes, it is usually better to hire an experienced disability attorney to help you with your SSDI claim because the administrative process can be complex. Social Security does not approve many cases at the initial level and many people have to appeal their claim. Data has shown that your chances of... Read more »

1 Answer | Asked in Social Security for Texas on
Q: I'm on dialysis and, I receive SSDI I'd like to start a small business is this possible?
Susan Michele Schaefer
Susan Michele Schaefer
answered on Apr 20, 2022

Yes, you can do a some work and still get SSDI benefits. The Social Security encourages work activity and there are special program rules and work incentives that help you try to return to work while still receiving monthly disability payments. Impairment-related work expenses, items or services... Read more »

1 Answer | Asked in Social Security for Missouri on
Q: Ive filed for disability. Should i not be working while they deliberating or try to work during the process
Elizabeth Fowler Lunn
PREMIUM
Elizabeth Fowler Lunn
answered on Apr 19, 2022

If you are able to work at a substantial gainful activity level then you will not be found to be disabled.

1 Answer | Asked in Social Security for Florida on
Q: Social Security law and veteran of war/combat veteran

The Commissioner’s decision was based on legal error. (Identify all legal errors.) Social Security law regarding disability

Elizabeth Fowler Lunn
PREMIUM
Elizabeth Fowler Lunn
answered on Apr 18, 2022

I’m not sure what you are asking. Did you file an appeal and this is the in the appeal decision? Or are you looking for someone to file an appeal for you based on legal errors in a decision? If you can provide more information about your situation then I may be able to provide you with an answer... Read more »

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