Get free answers to your legal questions from lawyers in your area.
My mom, who lives in Oklahoma, is turning 62 this year and would like to retire a little while after her birthday. However, she is concerned because she heard somewhere that a person is required to have been employed for the entire five years immediately preceding their desired retirement date. Is... View More
answered on Apr 25, 2020
That is not true. What might be confusing her is the general rule that an individual seeking Social Security Disability benefits needs to have worked 5 of the 10 years before their disability onset date. There is no such rule for SS Retirement benefits. You just have to have worked the equivalent... View More
answered on Apr 25, 2020
Yes, her income, including SSDI, will affect your check. The concept is known as "deeming" - as in some of her income will be deemed to you. There are several variables in the calculation, so you'll need to contact SSA for the exact amount. But typically, it will lower your SSI check.
I collect SSI and recently got married, my wife collects SSDI will her payments effect my SSI payments and if so, what is the formula used for calculations?
answered on Apr 25, 2020
Yes, her income, including SSDI, will affect your check. The concept is known as "deeming" - as in some of her income will be deemed to you. There are several variables in the calculation, so you'll need to contact SSA for the exact amount. But typically, it will lower your SSI check.
This concerns someone in prison on SSI. If she was arrested and put in jail on June 19, 2019 and will be released on May 23, 2020, is that considered 12 consectutive months and they would have to refile for SSI and start the process again?
Thank you.
answered on Apr 25, 2020
I don't believe so, because the period of ineligibility starts July 2019, so I only count 11. Having said that, her SSI record will likely go into a terminated status and they'll have to start a new one, but that does not require a new medical decision. This should only involve a... View More
answered on Apr 25, 2020
You should be able to call the Social Security Administration and they can search using an Alphadent query. They'll need his full name, DOB, place of birth, parents names, and mothers maiden name. Protection under the Privacy Act ends upon death, so they should be ok to release it. At least... View More
answered on Apr 4, 2020
No, you should hire an attorney early in the process. There is no charge for consultations, and they are only paid if they win your case. You can call me directly if you have any questions. Regards, Steve
I still get a 2020 stimulus check like everyone else on ssi, or will they take it away from me or garnish my 2020 stimulus check because I have arrears in child support, even though I havent had to make a child support payment in the whole 4or5 years since the state of Tennessee deemed me to be... View More
answered on Apr 4, 2020
I don't believe they are garnishing stimulus checks for child support arrears.
Is that illegal?
answered on Apr 2, 2020
I don't think it is illegal per se, just not very kind or helpful. You can get replacements for both. Birth Certificates are through the state dept of health or bureau of vital statistics. Replacement SS cards are easily replaced by going into your local SSA field office with proper... View More
I lived with my Mother for all this time in her house. She died in March. Do I have to report her death to social security? I have to move soon. Do I need to report to social security when I move? Will the amounts of the checks I receive be the same or less when I move? Thanks.
answered on Apr 2, 2020
You should report the death to SSA, but it won't affect your checks. SSA typically gets death notifications directly from the funeral homes, but with the field offices being closed due to Coronavirus, I would call the 1-800 number also to report.
Yes, you should always report a change... View More
Is this legal? Last year she told me she received $25,000 which she promptly bought her a Cadillac Escalade but just saw her 2019 W2 she was hiding and her backpay was actually more than $49,000 after paying her lawyer and Medicare deduction. She completely kept me in the dark, even though I was... View More
answered on Apr 25, 2020
Her SSDI payments are for her disability and she is under no legal obligation to tell you. Besides the moral and ethical issues, it would also pose a tax issue if she knowingly withheld that information from you while you filed an erroneous joint tax return.
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.