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Questions Answered by Susan Michele Schaefer
2 Answers | Asked in Social Security on
Q: After 17 yes SSD is evalutating my case and want to see their doctor. With this virus must I go?

I do not take meds, they do not interact well with me. I learned to do without and try to live normal. Its difficult but better than becoming addicted to pain killers. My immune is compromised. This virus scares me . will I be kicked off SSI if I call and cancel that appt.

Susan Michele Schaefer
Susan Michele Schaefer answered on Sep 18, 2020

It is not in your best interest to cancel the consultative examination. If you refuse to attend the consultative examination, your case may be denied due to failure to cooperate. Call the Social Security claims examiner and ask if they can reschedule a consultative examination virtually. Social... Read more »

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2 Answers | Asked in Social Security for Maryland on
Q: How can an average person know how successful a disability lawyer has been in getting people approved for SSDI?
Susan Michele Schaefer
Susan Michele Schaefer answered on Sep 14, 2020

There is no data on individual disability attorney wins Social Security cases that I have found, but there is data on how a disability attorney or representative can improve your chances of being allowed disability benefits. In the U.S. Government Accountability Office (GAO) report GAO-18-37:... Read more »

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1 Answer | Asked in Social Security for Virginia on
Q: When the vocational expert at the alj hearing says you cant work on a full time basis, does that mean you are disabled?
Susan Michele Schaefer
Susan Michele Schaefer answered on Sep 11, 2020

A vocational expert (VE) plays a significant role in a Social Security disability hearing. A VE is an expert witness who knows about job requirements and job availability in the current labor market. At the hearing before the Administrative Law Judge (ALJ), the VE will give his expert opinion in... Read more »

1 Answer | Asked in Social Security for Florida on
Q: Can a class action suit be filed against a federal agency like the Social Security Administration?
Susan Michele Schaefer
Susan Michele Schaefer answered on Sep 10, 2020

Yes, a class action suit can be filed against the Social Security Administration or another federal agency. In fact, there have been several class action suits against the Social Security Administration that have either resulted in a favorable settlement or adjudication. A well-known case, Sullivan... Read more »

1 Answer | Asked in Social Security on
Q: My wife broke her arm on May 18 2020. She hasn't worked since and still gets PT. Could she have filed for SSI?
Susan Michele Schaefer
Susan Michele Schaefer answered on Sep 6, 2020

Social Security is not a short-term or partial disability program. In order to be disabled under Social Security, a person must meet the strict definition of disability which is the inability to do any substantial gainful activity by reason of any medically determinable physical or mental... Read more »

1 Answer | Asked in Social Security for Florida on
Q: I am 24 years old. If I apply for SSI and received benefits does that preclude me from ever receiving SSDI benefits?

For example, say I am unable to work for 3 years and receive SSI benefits. Then I am able to work for 4 years and then again I am unable to work. Would I then be able to apply for SSDI?

Susan Michele Schaefer
Susan Michele Schaefer answered on Aug 25, 2020

If you are disabled and apply for SSI benefits now, you should first check to see if you are insured for SSDI benefits now based on the rules for younger workers who become disabled.

As a general rule, to qualify for Social Security benefits based on a disability other than blindness, you...
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1 Answer | Asked in Social Security for Colorado on
Q: My wife is hospitalized currently and will require long-term care within a medical facility.

She is at an almost vegetative state. I am her POA for medical and wanted to see about SSD. She has filed in the past but was denied. With her current condition, can I apply for SSD for her via a lawyer?

Susan Michele Schaefer
Susan Michele Schaefer answered on Aug 21, 2020

Yes, you can file for SSDI on your wife's behalf or you can hire a disability attorney to file the application for her.

The Social Security disability application is online at https://www.ssa.gov/benefits/disability/.

For Social Security, the law defines disability as the...
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1 Answer | Asked in Social Security for Florida on
Q: Will SSA continue to give me SSDI benefits when I work 35 hours a week but earn $1190 a month which is under SGA?

I'm currently on SSDI benefits for 5 years. I just started a job last May. I wonder if I can continue to have benefits with many hours a week? I'm deaf.

Susan Michele Schaefer
Susan Michele Schaefer answered on Aug 16, 2020

Yes, you can do a limited amount of work and still get disability benefits. 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.

If you try to work but have...
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1 Answer | Asked in Social Security for Mississippi on
Q: I am a recent widow age 53. My husband was 58 when he passed away. We have an adult son age 28 who is autistic.

Our son draws ssi check for his disability. I have been in the home taking care of him since he was 3 years old. Can i draw my husbands social security now that he is gone?

Susan Michele Schaefer
Susan Michele Schaefer answered on Aug 16, 2020

If your late husband worked long enough to be insured, you, as a widow, can receive benefits from your late husband's Social Security at full retirement age for survivors or reduced benefits as early as age 60. You may begin receiving benefits based on your husband's Social Security as... Read more »

1 Answer | Asked in Social Security for Illinois on
Q: If I go homeless will I lose my social security benefits?

Society right now isn't the best. I've applied for low income apartments but all 6 months to a 1 year wait. I'm currently living with a relative that has no job. I'm not for sure how much longer I can stay with them or if will be homeless in coming month or two. Applied for SSI... Read more »

Susan Michele Schaefer
Susan Michele Schaefer answered on Aug 13, 2020

If you are facing homelessness and have filed for SSI, you should contact Social Security at 1-800-772-1213 right away to let them know of your dire financial need. Social Security can identify your SSI case as a critical case and expedite processing and adjudication of your case.... Read more »

1 Answer | Asked in Social Security for Texas on
Q: My son lost his SSI benefits when he was 3 due to child support. Will it be hard to qualify for SSI when he turns 18?

He is a brain tumor survivor. We lost his SSI benefit (and more importantly, his Medicaid) when his absent father started making child support payments when my son turned 3. He is now 14, and I am planning for his post high school years. When he turns 18, the child support payments end. Will it... Read more »

Susan Michele Schaefer
Susan Michele Schaefer answered on Jul 23, 2020

I am sorry to hear that your son lost his SSI benefits due to an income/resource issue. Since SSI is a needs based program, there are limits to the amount of countable income/resources. I strongly urge you to contact a disability attorney now to consult about establishing an Achieving a Better Life... Read more »

1 Answer | Asked in Social Security for California on
Q: My dad gets SSI, living alone. If my dad moves to my new 2nd home, paying rent to me, will his SSI remain the same?

My 83 year old dad receives SSI ($900/month) and lives in a subsidized senior apartment, paying rent of $300 per month (not sure whether he's in section 8). I'm thinking of buying a 2nd home soon and want him to live there by himself (he likes to as well), as it'll be nicer, but my... Read more »

Susan Michele Schaefer
Susan Michele Schaefer answered on Jul 6, 2020

Your dad's living arrangement could affect his SSI, so care will need to be taken so that he continues to get his maximum amount of SSI benefits. With only a few precautions, what you and your dad are planning is a very doable arrangement.

Your dad can get the maxim SSI benefit if her...
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1 Answer | Asked in Social Security for California on
Q: I was diagnosed with diastolic congestive heart failure i cannot work. Am i eligible for ssi?do i need a lawyer?
Susan Michele Schaefer
Susan Michele Schaefer answered on Jul 3, 2020

I strongly recommend that you consult with a disability lawyer as soon as possible since you have a severe medical condition. Most disability lawyers have free consultations and will be able to discuss with you the financial requirements you have to meet for SSI and the medical requirements to get... Read more »

1 Answer | Asked in Social Security for Georgia on
Q: If I get my first SS retirement check in June and I have already made 12,000 dollars for the year.

I know I'm only allowed 18,000 for the year at 64) do they go by calendar year for earnings for the first year? or am I only allowed to make 6, 000 more thousand for the year before I'm penalized??? how much will I be penalized..I'm worried about this

Susan Michele Schaefer
Susan Michele Schaefer answered on Jun 22, 2020

If you are under full retirement age, Social Security deducts $1 from your benefit payments for every $2 you earn above the annual limit. For 2020, that limit is $18,240. Once you reach full retirement age, you can earn up to $48,600 in 2020 with no affect on your benefits. After that your... Read more »

1 Answer | Asked in Social Security for Connecticut on
Q: Can you collect unemployment when you are on disability and looking for a job you can do
Susan Michele Schaefer
Susan Michele Schaefer answered on Jun 15, 2020

Yes, you can receive both unemployment benefits and Social Security disability benefits (SSDI).

Unemployment and SSDI benefits both provide financial support to those who are not working, but the rules for these programs differ greatly. You should be aware that there is a contradiction in...
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1 Answer | Asked in Social Security for Colorado on
Q: What form would I use in order to appeal a partial plate favorable decision from the judge?

Just wondering what form I will fill out if I filed this appeal? I have been denied originally, had went to the court hearing in front of the judge in which I received a partial favorable decision but would like to appeal that decision. I’m not for sure what form I would use on this and is it... Read more »

Susan Michele Schaefer
Susan Michele Schaefer answered on Jun 11, 2020

If you are appealing a decision made by an Administrative Law Judge (ALJ), you must request review by the Appeals Council (AC) within 60 days after you receive the notice of the ALJ decision. The notice letter you received from Social Security should have information about filing an appeal. For... Read more »

1 Answer | Asked in Social Security for New Jersey on
Q: I am 28 years of age and currently work and collect SSDI due to my medical disability. I am looking into starting...

I am 28 years of age and currently work and collect SSDI due to my medical disability. I am looking into starting an online shirt business with print on demand. Due to my medical condition I have trouble holding a job. Would this effect my ssdi and my medicare benefits? Would I immediately lose my... Read more »

Susan Michele Schaefer
Susan Michele Schaefer answered on Jun 2, 2020

You can do a limited amount of work and still get SSDI benefits and medicare.

Social Security Administration 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. Read the...
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1 Answer | Asked in Elder Law, Estate Planning and Social Security for Arizona on
Q: Hi, What limits exist on transferring a home to an SSI/SSA receipient without effecting benefits? Thanks
Susan Michele Schaefer
Susan Michele Schaefer answered on May 28, 2020

For SSI, countable resources are limited to $2,000 for an individual and $3,000 for a couple. However, Social Security does not count the home the SSI recepient lives in and the land it is on. Therefore, you could transfer the home to the SSI recipient without affecting benefits if he does not... Read more »

1 Answer | Asked in Social Security for Massachusetts on
Q: can i deposit my social security check into my uncles bank accout
Susan Michele Schaefer
Susan Michele Schaefer answered on May 26, 2020

It would be best for you to have your Social Security benefits directly deposited into your own bank account. If you do not currently have a bank account, you can set an account up with a bank you choose and then sign up for direct deposit with Social Security.

Another option is to have...
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2 Answers | Asked in Public Benefits and Social Security for California on
Q: Applying for SSDI after receiving Unemployment assistance?

I have a progressing illness which qualifies me for SSDI.

Now I lost my job because of COVID-19.

I am planning to collect my unemployment now and then, if no luck finding a job that I can do (if any), I will apply for SSDI.

My question: Can (will) the fact of me receiving... Read more »

Susan Michele Schaefer
Susan Michele Schaefer answered on May 15, 2020

Receiving unemployment will not affect your future application for SSDI. In fact, you can receive both unemployment benefits and SSDI benefits at the same time even though there is a contradiction in applying for and receiving both unemployment benefits and SSDI benefits. When you apply for... Read more »

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