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Questions Answered by Susan Michele Schaefer
1 Answer | Asked in Social Security for Washington on
Q: Do disability lawyers have access to ny medical records
Susan Michele Schaefer
Susan Michele Schaefer
answered on May 24, 2023

No, disability lawyers do not have access to your medical records and neither does Social Security. You must sign a release for the medical provider to send the medical records to a third party, such as your lawyer or Social Security. For example, Social Security will ask you to sign form SSA-827... Read more »

1 Answer | Asked in Social Security for Florida on
Q: i've been denied ssdi twice due to lack of required amount of work credits. is there a way around this to get ssdi?
Susan Michele Schaefer
Susan Michele Schaefer
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... Read more »

1 Answer | Asked in Public Benefits, Social Security and Estate Planning for Illinois on
Q: I want to try a credit union no penalty CD but not sure if my SSI would be cut if I tried that out

I'm trying to find alternatives to my current 529 savings account. I want something tax free, but where I can take out I'm emergencies. I don't want to lose my SSI.

Susan Michele Schaefer
Susan Michele Schaefer
answered on May 15, 2023

It is great that you are looking for alternatives for savings that will not affect your SSI payments. A primary consideration is whether the alternative would be a countable resource or not. A CD is usually countable except when the terms of a timed deposit will prohibit early withdrawal... Read more »

1 Answer | Asked in Employment Law for Nevada on
Q: Hi. My employer paid me in hand written check (s). State and federal taxes were withheld. My wages weren't reported.

What do I do??

Susan Michele Schaefer
Susan Michele Schaefer
answered on Apr 22, 2023

Double check your earnings record through your My Social Security account at SSA.gov. If your wages are not accurately reported on your earnings record, the best way to handle the situation is get proof of your wages, such as W-2s. After you’ve gathered your documents showing proof of wages,... Read more »

2 Answers | Asked in Social Security and Public Benefits for Missouri on
Q: What do I need to do to get SSDI started , I have spent 16 years in prison and I'm having the hardest time on the outsid
Susan Michele Schaefer
Susan Michele Schaefer
answered on Mar 8, 2023

If you were approved for SSDI disability benefits and they were suspended because you were in prison, you can request that Social Security reinstate your benefits. You also need to provide Social Security a copy of your prison release documents. Eligibility for SSI terminates after you have been... Read more »

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1 Answer | Asked in Social Security for North Carolina on
Q: If I'm on SSI and have a payee over my check and money and she will not let me know what my funds are in my bank account

What do i do.because i have 4 years back pay that i havnt ever even touched and she tells me i have very little left in my account and close to running out next month when I pay my rent and power bill

Susan Michele Schaefer
Susan Michele Schaefer
answered on Jan 24, 2023

It is perfectly reasonable for you to ask your representative payee how your money is being spent and how much you have in your bank account. Your representative payee is responsible for using your SSI benefits to pay for your needs including payment for food, shelter, clothes, medical care and... Read more »

1 Answer | Asked in Social Security for Georgia on
Q: I need help in determining if I am a qualified disabled person and if so what can I do if i have been denied 2 times.

I keep reading the social security website in the "Blue Book" as they refer to my understanding I do but at what level I don't know I'm a single mother I have been hurt since 2017 it is beyond me my son being able to live and I have no money coming in except child support and... Read more »

Susan Michele Schaefer
Susan Michele Schaefer
answered on Jan 4, 2023

Read 20 CFR 404.1520. which will give you a general overview of how Social Security evaluates disability. Social Security uses a five-step sequential evaluation process to decide whether or not a person is disabled. The "Blue Book" describes the listing level impairments at step 3. There... Read more »

1 Answer | Asked in Social Security for Iowa on
Q: After applying for *but not having been approved or denied* SSI benefits, are you able to move states?

A friend is currently homeless and has applied for SSI benefits in Tennessee. They have not been approved or denied. They wish to move to Iowa where I live. Will they need to start a new application process, or can they just notify the Social Security Office of a change of address?

Susan Michele Schaefer
Susan Michele Schaefer
answered on Aug 30, 2022

Your friend can just update her address with Social Security when she moves at either the local Social Security field office or by calling the national Social Security number at 1-800-772-1213. Since Social Security is a Federal program, it will carry over when she moves to a new state. There is no... Read more »

1 Answer | Asked in Tax Law and Social Security for New York on
Q: Am I still able to apply for the previous year's stimulus check?

I applied for ssn on April 2021. i wasnt able to apply for stimulus on 2021 because of covid i never received my number? I was told by someone that i still can apply for the check. If so, am i supposed to file for last year's tax return as well?

thank you

Susan Michele Schaefer
Susan Michele Schaefer
answered on Aug 8, 2022

Most eligible people have already received all three of their Economic Impact Payments. However, you may still be able to file your 2020, 2021 taxes and claim a Recovery Rebate Credit. For more information, see https://www.irs.gov/coronavirus/economic-impact-payments.

According to the...
Read more »

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,...
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 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 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 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 Animal / Dog Law and Landlord - Tenant for Texas on
Q: Can I legally be changed a pet fee for using my service animals for my disabilities?

I have resided in a hotel for over four months and about 3 wks into our stay I presented the registration to the mhr of the hotel. I had to wait for an approval to bring them with me. On Monday got the ok. So 3months and 3 wks later the mgr come to us stating I could not have them and I will have... Read more »

Susan Michele Schaefer
Susan Michele Schaefer
answered on Apr 15, 2022

No, you cannot be charged a pet fee or pet cleaning fee for using a service animal. You are correct that the only fee that can be charged is for any damage caused by the service animal. You cannot be asked to remove your service animal unless it is out of control or is not housebroken. A service... Read more »

1 Answer | Asked in Social Security on
Q: My grandson just lost his fingers on both hands and I was trying to get him some help with Disability. Can you help him.
Susan Michele Schaefer
Susan Michele Schaefer
answered on Mar 30, 2022

I am sorry to hear about your grandson's severe injury. Loss of fingers can be quite limiting and may result in meeting the definition of disability. For adults, Social Security law defines disability as the inability to do any substantial gainful activity by reason of any medically... Read more »

2 Answers | Asked in Bankruptcy and Social Security for Wisconsin on
Q: Can you file bankruptcy on a social security disability judgement for repayment?

Owing the Social Security Administration a certain amount money, can you file bankruptcy if you cannot afford to pay that amount back?

Susan Michele Schaefer
Susan Michele Schaefer
answered on Mar 29, 2022

Yes, you can file for bankruptcy and list your Social Security overpayment as a debt. Both Chapter 7 and 13 bankruptcy have an automatic stay from recovery of any debt that arose before filing the bankruptcy petition, so Social Security will have to stop collection.... Read more »

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1 Answer | Asked in Social Security on
Q: How to find out your missing social security number.
Susan Michele Schaefer
Susan Michele Schaefer
answered on Feb 22, 2022

A good place to find out our Social Security number is by checking your old documents. Look at copies of your old tax returns. The Internal Revenue Service requires you include your Social Security number when you file your tax return. You could also look on old W-2s (prior to 2020), 1099s or other... Read more »

2 Answers | Asked in Social Security for Florida on
Q: It is my understanding that if you are on Social Security Disability then the maximum monthly earnings allowed is $1310

What if you own a small company but do not take any income from it. Does that count against your monthly earning limit?

Susan Michele Schaefer
Susan Michele Schaefer
answered on Feb 18, 2022

Social Security law defines disability as the inability to do any substantial gainful activity (SGA) by reason of any medically determinable physical or mental impairment which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than... Read more »

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