Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Susan Michele Schaefer
1 Answer | Asked in Criminal Law and Social Security for Virginia on
Q: Can legally they take your disability if you are Incarcerated but have yet to be sentenced or found guilty
Susan Michele Schaefer
Susan Michele Schaefer answered on Jan 31, 2021

Yes, Social Security generally does not pay Social Security and Supplemental Security Income (SSI) recipients during confinement for a crime in jail, prison or certain other public institutions. See, https://www.ssa.gov/pubs/EN-05-10133.pdf.

For SSI benefits, the law states that you cannot...
Read more »

3 Answers | Asked in Civil Rights and Social Security for Texas on
Q: Hello, I applied for disability and now it has been 11 months and I haven’t heard anything back from the state.

Do I need a lawyer and how much will it cost?

Susan Michele Schaefer
Susan Michele Schaefer answered on Jan 28, 2021

Your 11 month wait for a disability decision from Social Security is about what I have been experiencing with my clients' cases since COVID. You can either call Social Security and ask about the status of your case or you can go to My Social Security and check for updates online.

I...
Read more »

View More Answers

2 Answers | Asked in Social Security for Illinois on
Q: Do I qualify for social security

Hi I am a 44 year old woman who worked at Walmart 26 years hard labor. At the moment I have severe arthritis in my right hip pending hip replacement as well as arthritis in my left hip and both knees and thumbs. I have been off since last April due to my job not allowing me to work with... Read more »

Susan Michele Schaefer
Susan Michele Schaefer answered on Jan 20, 2021

The law defines disability under Social Security as the inability to do any substantial gainful activity 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... Read more »

View More Answers

1 Answer | Asked in Social Security, Tax Law and Real Estate Law for North Carolina on
Q: How would LLC income affect my Social Security benefit?

I am receiving Social Security retirement benefits. I have a rental property that nets about $4000.00 per year. If I put this property into an LLC (North Carolina), will I have to pay FICA? Will it affect the benefit I currently receive?

Susan Michele Schaefer
Susan Michele Schaefer answered on Jan 17, 2021

Once you reach full retirement age, there is no limit on how much you can earn and still receive your Social Security retirement benefits without any reduction.

If you began receiving Social Security retirement benefits before your full retirement age, Social Security will deduct $1 in...
Read more »

1 Answer | Asked in Identity Theft, Public Benefits and Social Security for Rhode Island on
Q: My daughter's father died in Jan '20 the 1st stim. check still went to him and I never got it. How do I get the 2nd ch

He received the first stimulus check to his address I'm assuming his mother took it because I never got it. After he died Jan 2nd 2020 his father did his taxes and claimed my daughter so will my second stimulus check be sent there also? How do I make sure that it goes to the right place. Also... Read more »

Susan Michele Schaefer
Susan Michele Schaefer answered on Jan 5, 2021

The IRS handles the Economic Income Payments (stimulus checks). IRS will be issuing the second round of payments based on the information the IRS has on file for your 2019 tax return, the information provided by Non-Filers tool, payment information entered on the Get My Payment tool, or information... Read more »

1 Answer | Asked in Social Security for New York on
Q: My moms selling her house and iam getting a portion. Would this be considered earned income and do I have to report ssi

I live with my mom we will be selling our house. I will get a portion of the money Do I need to report this to ssi and will this be considered earned income?

Susan Michele Schaefer
Susan Michele Schaefer answered on Dec 28, 2020

Yes, the income you receive from the sale of your mom's house is considered to be unearned income and it must be reported to Social Security. Since SSI is a needs-based program, the more countable income you have the less your SSI check will be and when it is over the allowable limit, you... Read more »

1 Answer | Asked in Personal Injury and Social Security for Texas on
Q: I am 56 and lost my job of about 30 years because of a work injury that left me with a permanent weight restriction.

I am going to file for SSDI. Should I apply for unemployment so that I can have income while waiting to hear if I qualify for SSDI? I think I may qualify with a grid rule. I received Workman's Comp for 2 years.

Susan Michele Schaefer
Susan Michele Schaefer answered on Dec 24, 2020

Yes, you can apply and receive unemployment benefits while you apply for SSDI benefits. It is a practical approach. Be aware, however, that there is a contradiction in getting both benefits since unemployment requires you to be ABLE to work and actively look for work, and SSDI approval requires... Read more »

2 Answers | Asked in Social Security for California on
Q: Can u rec ssi and work less than 20 HRS a month .

Due to the epidemic I applied for the epidemic assistance by the EDD . I was like a taxie giving rides. The web site says u can do that . Is that true.

Susan Michele Schaefer
Susan Michele Schaefer answered on Dec 24, 2020

Yes, you can apply and receive unemployment and still receive Social Security disability payments. For SSI, unemployment benefits are considered to be unearned income and can be included as countable income. Generally, the more countable income you have, the less your SSI benefit will be. Be aware... Read more »

View More Answers

2 Answers | Asked in Social Security for Nebraska on
Q: Does Social Security Disability pay for an assisted living facility or a nursing home?

Eighty year old mother has been newly diagnosed with muscular distrophy. She is currently collecting social security in retirement (worked until age 75). Is she eligible for Social Security Disability and, if so, does Social Security Disability pay for an assisted living facility or a nursing... Read more »

Susan Michele Schaefer
Susan Michele Schaefer answered on Dec 9, 2020

No, your mother would not get Social Security disability (SSDI). SSDI is replaced by Social Security retirement due to age and she is already receiving those benefits. Social Security benefits do not pay for assisted living or a nursing home. You will need to explore what Medicare and Medicaid can... Read more »

View More Answers

1 Answer | Asked in Social Security for Ohio on
Q: How do you fix a social security number issue with twins that some how got there number mixed up

One sister bought a car on the other sister social security number

Susan Michele Schaefer
Susan Michele Schaefer answered on Dec 1, 2020

Each one should take great care to keep her Social Security number confidential. It is part of her identity and bad things can happen if you Social Security number is being used illegally. That being said, it does occasionally happen that more than one person uses the same Social Security number,... Read more »

1 Answer | Asked in Social Security on
Q: What is the distinction between “Social insurance” and “Social assistance?”
Susan Michele Schaefer
Susan Michele Schaefer answered on Nov 28, 2020

There are several major U.S. programs of social insurance. The largest is the Federal Old Age, Survivors, and Disability Insurance System, usually referred to as social security, which provides retirement benefits, survivors' benefits, and benefits to the permanently and totally disabled. The... Read more »

1 Answer | Asked in Civil Rights, Social Security and Family Law for Indiana on
Q: If i where to get married, and then in the future need to go on disability (due to health) would i be able to get ssdi

My partner may also have to get on it but we want to get married. Neither of us are currently on it . We live in Indiana but may move to Michigan or Wisconsin

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

Marriage does not affect SSDI. To be able to get SSDI, you would have to have worked long enough and recently enough to be fully insured. In most cases, you must have earned at least 20 credits during the last 10 years. You earn work credits and become insured for Social Security retirement, SSDI... Read more »

2 Answers | Asked in Tax Law and Social Security for Pennsylvania on
Q: Unrecorded income

Hello,

Income I made from 1992 to 1994 was not recorded even if I filed my taxes for those years. I contacted my ex-employer and they gave me a confirm letter with my salaries for the years I worked, but the letter is not considered as proof by the social security office. I just dont know... Read more »

Susan Michele Schaefer
Susan Michele Schaefer answered on Nov 14, 2020

Usually, the IRS reports wages to Social Security, but sometimes there are discrepancies. You definitely should correct your earnings record with Social Security. If all of your earnings are not shown on your earnings record, this could mean lower Social Security benefits for you or your family.... Read more »

View More Answers

1 Answer | Asked in Social Security for New York on
Q: Hi yes I have a couple questions I will be 65 in a couple months Every time I call Social Security to see how much money

I will make it’s always the different amount I asked him what was the formula they use and they said 35 years of your year work and divide by 12 that would give me my monthly benefits well it’s not the same as theirs

Susan Michele Schaefer
Susan Michele Schaefer answered on Nov 14, 2020

Try calculating your Social Security retirement this way:

Step 1: Use your earnings history to calculate your Average Indexed Monthly Earnings (AIME). Use your earnings statement that Social Security has - you can find your record on your My Social Security account. The AIME calculation...
Read more »

1 Answer | Asked in Social Security for Georgia on
Q: Does the 650 rent I pay get deducted from the income I make at Publix that I report to SSI. I don't understand

My daughter is going to live on her own and works at Publix. She receives SSI. Her income affects her benefit. Her rent will be 675 a month. Will that be deducted from her income she makes?

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

No, your daughter's rent is not deducted from the income she makes for SSI purposes.

Since she is living on her own and paying her own rent, Social Security will not reduce her SSI payments for that reason. The rule is that a person's SSI payment is reduced by one-third if the...
Read more »

1 Answer | Asked in Social Security for Florida on
Q: I downloaded ssa form 795 (at the suggestion of the SSA cust Serv rep) to request all the backpay from ssi disability.

They are currently spreading out the payments for back pay over a year's time period. (I have already received the first payment of backpay). I am currently homeless and won't be able to purchase anything with only the first of three payments. I'm not sure HOW to ask this on the... Read more »

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

The amount of your installment payments for back pay from Social Security can be increased if you can demonstrate necessary medical needs or debts that relate to necessities, such as housing, food, clothing, or medically necessary services, supplies, equipment or medicine. Follow Social Security... Read more »

2 Answers | Asked in Civil Rights and Social Security for California on
Q: mom recieves SSA and SSi and FS. She just recieved a 16,666.00 inheritence. How to legally keep w/out losing benefits

My mom is on SSI 163 month, SSA 513 month, part of legally separated hubs ssi 287 month and 153 in food stamps. Total ... She just recieved a cashiers check for 16,666.00 from my grandmas trust as she has passed away. Will my mom lose her benefits? How can we go around them legally so she can keep... Read more »

Susan Michele Schaefer
Susan Michele Schaefer answered on Nov 3, 2020

Since SSI is a needs based program, the countable income and resources are very limited. For information about what is and is not counted start with https://www.ssa.gov/ssi/text-understanding-ssi.htm.

Social Security allows for a person receiving SSI to have a “special needs” or...
Read more »

View More Answers

3 Answers | Asked in Social Security for Indiana on
Q: I have tried to get into my S.S. account, I have been to the office a lot. They send me home with a temp password, don't

help at all. When I sign in it says my information is not correct. I know my info. I have ask them to go into my account and see what is wrong. they won't do it. Today I posted on their page I was FED UP. So they gave me a number for help, I called and was on hold forever so I hung up. What... Read more »

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

The information you provide to set up your My Social Security account must be the same as the information on your credit report because Social Security uses a "identity services provider" to verify identity by comparing your information against their records. You may want to get a free... Read more »

View More Answers

1 Answer | Asked in Social Security for Florida on
Q: So I get Social Security SSI and Medicaid, should I accept a 9,450.00 check will I loose benefits or be cut off
Susan Michele Schaefer
Susan Michele Schaefer answered on Oct 20, 2020

Supplemental Security Income (SSI) is a needs-based program and your countable resources must not be worth more than $2,000 for an individual or $3,000 for a couple. If the value of your countable resources is over the allowable limit at the beginning of the month, you cannot receive SSI for that... Read more »

1 Answer | Asked in Social Security for California on
Q: On SSDI I want to start a GoFundMe acct. to help me move. What is the maximum I can collect without comprimising my SSDI
Susan Michele Schaefer
Susan Michele Schaefer answered on Oct 7, 2020

Funds you receive from a GoFundMe or a similar type of fundraising account is considered by Social Security to be unearned income. Unearned income would not affect your SSDI benefits as there is no required limitation for it.

To maintain eligibility for SSI benefits, Medicaid, SNAP (food...
Read more »

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.