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Questions Answered by Susan Michele Schaefer
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... View 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... View 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... View 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... View 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... View 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... View 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.... View 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... View 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... View More

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2 Answers | Asked in Family Law and Social Security for California on
Q: Is there any benefits that my 17 year old special needs child will qualify for once she "graduates" from her school

She has epilepsy and is developmentally delayed due to brain abnormality. I get paid through In Home Support Services for her full time care. Since she will never be able to work as an adult, can she still get disability benefits?

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

Your child may be eligible for Child SSI benefits now if your family meets income and resource limits. Even if your child isn't currently eligible for SSI due to too much income or resources, they may become eligible for SSI at age 18.

Also, the SSDI program pays benefits to adults who...
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1 Answer | Asked in Social Security for Pennsylvania on
Q: Should I seek you as an attorney first? Or wait to see if I get denied?

I'm in the medical field for 37 years. Diagnosed with Major depressive disorder. I've had a psychiatrist and psychologist. Health care is killing me mentally. What are my chances of getting disability? I have to use my intermittent leave on some occasions. I'm 58.

Susan Michele Schaefer
Susan Michele Schaefer
answered on Feb 9, 2022

Talk to an experienced disability attorney first. Most offer a free initial consultation and will be able to discuss the particular issues about your claim. You can then decide if you want to hire an attorney to represent you. A common arrangement is contingency fee where the attorney will get paid... View More

1 Answer | Asked in Social Security for Massachusetts on
Q: ive been in the united states for 12 years ive done every level of education here is there any way that i can get a SSN

I've done elementary middle school and highschool here in Massachusetts it just doesn't feel right that i still don't have my social security number

Susan Michele Schaefer
Susan Michele Schaefer
answered on Jan 26, 2022

If you are a U.S. citizen, you can apply and get a Social Security number. For a foreign born U.S. citizen, Social Security will accept certain documents as proof of U.S. citizenship when you apply for a Social Security number, including:

- U.S. passport;

- Certificate of...
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1 Answer | Asked in Animal / Dog Law and Social Security for California on
Q: My Service dog in training was denied access to a clinic that I was going to for my social security evaluation.

receptionist stated that service dog is only for the blind and deaf. What can I do?

Susan Michele Schaefer
Susan Michele Schaefer
answered on Jan 23, 2022

A dog who is a trained service animal is permitted access under the Americans with Disabilities Act (ADA). Examples of service animal work include guiding people who are blind, alerting people who are deaf, pulling a wheelchair, alerting and protecting a person who is having a seizure, reminding a... View More

2 Answers | Asked in Appeals / Appellate Law and Social Security for Oregon on
Q: I applied for disability and was denied. What should I do in my appeal to get a better chance of being approved?

I have a congenital heart condition which has required 2 surgeries already, a malformed hand from a birth defect, a knee which the doctor says will need surgery to fix and rebuild (I walk with a cane), and several diagnosed mental health conditions. As far as I can tell, the disability board only... View More

Susan Michele Schaefer
Susan Michele Schaefer
answered on Jan 23, 2022

Review the notice of decision that Social Security sent you to see what evidence they considered when making the decision. If there is missing evidence, make sure you let Social Security know what evidence they do not have. In fact, make sure that you inform Social Security of all medical sources... View More

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1 Answer | Asked in Elder Law and Social Security for South Carolina on
Q: Do I need to just stop being rep of payee if so how?

I am currently rep of payee of my 64 year old mother's disability. Now she will not let me in her home & will barely speak to me because of diff of opinions. Should I stop being rep for my legal responsibility or how responsible for her am I?

Susan Michele Schaefer
Susan Michele Schaefer
answered on Jan 7, 2022

As a representative payee of your mother's Social Security disability, you have a lot of responsibility. You are responsible for managing your mother's benefit payments in a way that is in her best interests. You must follow Social Security law and use her disability payments for your... View More

1 Answer | Asked in Social Security for New York on
Q: How do we get our grandmother’s social security benefits back?

My grandma suddenly lost her social security benefits. We called SSA and we have general POA. They said they can’t speak to us or explain what happened. They need to speak to my grandma. She doesn’t speak English and she has Alzheimer’s. They said they don’t accept POA and can’t speak to... View More

Susan Michele Schaefer
Susan Michele Schaefer
answered on Dec 23, 2021

How do you help your grandma with her Social Security issues since Social Security will not accept a Power of Attorney (POA)? Below are a options that you could do:

1. Request a telephone appointment with a Social Security representative and ask that they have an interpreter present (Social...
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1 Answer | Asked in Social Security for California on
Q: If a spouse is the payee for Social Security disability can they use those funds to pay off personal debt, fines,etc?

My ex husband was the payee for my social security disability as well as additional benefits for our child. When we divorced I discovered he had spent $25,000.00 in back pay for personal debts, gave his mom $7,000 he owed in back rent from when I was not living with him plus jewelry and other gifts... View More

Susan Michele Schaefer
Susan Michele Schaefer
answered on Dec 12, 2021

Social Security law and regulations require a representative payee to use the Social Security payments they receive on the beneficiary's behalf for essential needs of the beneficiary.

Examples of benefits being properly disbursed are payments for food, housing, utilities, medical or...
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1 Answer | Asked in Social Security for Kentucky on
Q: How hard is it to get my SSI we're I have bipolar depression and anxiety and PTSD and a 8th grade education
Susan Michele Schaefer
Susan Michele Schaefer
answered on Nov 30, 2021

Being approved for SSI can be difficult, so it would be a good idea to consult with a disability attorney before your file your SSI claim. Most disability attorneys offer a free initial consultation. You can hire a disability attorney on a contingency fee basis, which means that the attorney will... View More

2 Answers | Asked in Social Security for North Carolina on
Q: Do I need a lawyer first to represent me in filing for disability?
Susan Michele Schaefer
Susan Michele Schaefer
answered on Nov 23, 2021

You are not required to have a lawyer to represent you when you file for disability. However, hiring a lawyer early in the disability application process, even before you file, is a good idea. You will be able to discuss your particular case issues with your lawyer and be able to present your... View More

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1 Answer | Asked in Family Law and Social Security for Georgia on
Q: Hi, my birth certificate and my social security have two different last names (one is my moms and the other is my dads

I can’t get a state ID or my drivers permit because they say they can’t prove I’m the same person .. the courts don’t seem to know where I can get the forms to fix this I was hoping you knew where I could get the forms to fix my last name in Georgia please and thankyou

Susan Michele Schaefer
Susan Michele Schaefer
answered on Nov 21, 2021

Use your certified U.S. birth certificate to apply for a corrected Social Security card. Complete form SS-5 - https://www.ssa.gov/forms/ss-5.pdf. You may need additional documents to prove your identity. See https://www.ssa.gov/ssnumber/ss5doc.htm. Make sure you use the name that is on your birth... View More

1 Answer | Asked in Social Security for Indiana on
Q: I applied for social security disability due to medical issues.

I got denied so I did the appeal,and still got denied. Nothing has gotten better or changed. I really help

Susan Michele Schaefer
Susan Michele Schaefer
answered on Oct 9, 2021

It is not uncommon to be denied Social Security disability at the initial and reconsideration levels. Continue to appeal your claim. You will be able to provide testimony to an Administrative Law Judge at the third level of appeal. Meanwhile, it is important that you have all of your medical... View More

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