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Questions Answered by Susan Michele Schaefer
1 Answer | Asked in Gov & Administrative Law, Government Contracts and Social Security on
Q: My grandmother is asking for my social security number for her will. Is this required?

What would she need my social insurance number for?

Susan Michele Schaefer
Susan Michele Schaefer
answered on Oct 6, 2021

No, your Social Security number is not required for your grandmother to designate you as a beneficiary in her will. Usually, beneficiaries are identified in a will by name, residence, and relationship to the person making the will. Once you find out from your grandmother why she needs your Social... View More

1 Answer | Asked in Social Security for Arizona on
Q: IF I AM SUED CAN THE TAKE MY social security
Susan Michele Schaefer
Susan Michele Schaefer
answered on Sep 20, 2021

Your Social Security benefits can only be garnished for unpaid Federal taxes, delinquent non-tax debts owed to other federal agencies, unpaid child support and alimony, and any court ordered victims restitution. Social Security benefits are protected from garnishment when it comes to private debt ,... View More

1 Answer | Asked in Banking, Collections, Identity Theft and Social Security for Nevada on
Q: Credit report account made but not by me?

So I go to credit karma to make acc. They tell me a acc already made with a email. And told me what email. My biological fathers. And so on. Apparently goes on it everyday? Why? My credit. I’m 25. I am mentally disable. Growing up. I guess as a aunt said. He used me for debt. Wells Fargo credit... View More

Susan Michele Schaefer
Susan Michele Schaefer
answered on Aug 30, 2021

If someone has misused your Social Security number or other personal information to create credit or other problems for you, then you need to take action right away. Go to IdentityTheft.gov - it is a website managed by the Federal Trade Commission (FTC) - and they will help you with a recovery... View More

1 Answer | Asked in Appeals / Appellate Law and Social Security for Oregon on
Q: I need help filling an appeal with social security. There are several reasons they said they denied that were false,

They have Drs I never seen saying I can do things I can not do,

They disagree because I did not stay over night just treated and release for

for COPD and chronic bronchitis, (I have most meds at home to help)

I am now using a walker most of time but can use my cane for... View More

Susan Michele Schaefer
Susan Michele Schaefer
answered on Aug 26, 2021

I am sorry to hear that Social Security denied your disability claim.

You have 60 days to appeal this decision. Make sure that you file the appeal timely, even if you are still looking for someone to help you with your claim.

You should consult with a disability attorney right...
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1 Answer | Asked in Social Security for Tennessee on
Q: My son got diagnosed with Combined ADHD. ODD. Anxiety. and Conduct Disorder. Does he qualify for SSI?

I had to quit my job in June. He got kicked out of two day cares because of being extremely violent towards other kids and staff. He choked a kid at Boys and Girls Club and broke a kids eye glasses. He was also hitting. He is very violent towards others. We are currently doing regular check ups... View More

Susan Michele Schaefer
Susan Michele Schaefer
answered on Aug 4, 2021

You are so right to explore whether your son could qualify for child SSI.

SSI is a needs-based program, so there are limited income and resource requirements. Disability underChild SSI is defined as the child having physical or psychological impairment(s) that very seriously limits his...
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1 Answer | Asked in Social Security for Texas on
Q: My husband gets ssdi. If he goes to jail and he supports me will I still be able to pay rent with his benefits
Susan Michele Schaefer
Susan Michele Schaefer
answered on Jul 29, 2021

If your husband is incarcerated for more than 30 continuous days,, his SSDI benefits will be suspended and only the auxiliary benefits to you as his spouse and his children will continue as long as they meet the eligibility requirement. Knowing this, hopefully you can work out what you need to do... View More

2 Answers | Asked in Social Security for Indiana on
Q: I get ssdi benefits for myself. I have a disabled 6 year old son in my home. Should I apply for ssi for him separately?
Susan Michele Schaefer
Susan Michele Schaefer
answered on Jul 19, 2021

Yes, you should apply for Child SSI for your disabled son who lives with you. Income and resource requirements must be met for your son to be eligible. Your child must also meet the definition of disability for Child SSI which is a child is he has a medically determinable physical or mental... View More

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1 Answer | Asked in Social Security for New Jersey on
Q: I am having back surgery and Carpel Tunnel surgery on both hands and wrists. Can I claim SS Disability 62 yo

I work a very physical job lifting and hammering and I am 62 years old and it may be suspect If I can return to work doing that physical work again. Would I have a good chance of collecting DD Disability?

Susan Michele Schaefer
Susan Michele Schaefer
answered on Jul 13, 2021

Yes, you can apply for Social Security disability based on your impairments. When you apply, include all of your impairments, both physical and psychological. Also include symptoms, such as pain and include any side-effects from your medications. Social Security will consider all of these factors... View More

2 Answers | Asked in Appeals / Appellate Law and Social Security for Texas on
Q: Where can I get representation on a federal case? Concerning ssdi.
Susan Michele Schaefer
Susan Michele Schaefer
answered on Jul 6, 2021

Justia has a "Find a Lawyer" search to help you find lawyers who handle SSDI appeals. You can also contact the National Organization of Social Security Claimants' Representatives (NOSSCR) and use their lawyer referral service for free at 845-682-1881.

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2 Answers | Asked in Social Security for California on
Q: Does rental income count as earned income for social security work credits if owner managed the property personally?

I owned and personally managed and worked on the rental property.

Susan Michele Schaefer
Susan Michele Schaefer
answered on Jun 22, 2021

To be insured for Social Security benefits, you must have paid self-employment taxes (SECA) to earn the number of credits you need. Anyone who earns 40 credits in ten years has met the work credit requirement and is insured for full benefits. Net earnings for Social Security are your gross earnings... View More

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2 Answers | Asked in Social Security for Minnesota on
Q: I can't find a lawyer for my SSI appeal is there no hope?

I had a lawyer file my initial application but I see now it wasn't filed correctly. I had no knowledge before about the date last insured which is 2015 and I have not worked since 2011. I do have assets so it makes things even worse and now from a car accident, I'm crippled up even worse... View More

Susan Michele Schaefer
Susan Michele Schaefer
answered on Jul 6, 2021

Are you still represented in your Social Security claim by the lawyer who filed the initial application? If so, talk to the lawyer about what needs to be corrected. Even if you are not currently represented, you can amend your alleged onset date to the date you stopped working in 2011 which is... View More

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1 Answer | Asked in Education Law and Social Security for Texas on
Q: Is it required of teachers to fill out a SSA Teacher Questionnaire for a former student who has graduated and seeking

SSI disability? Is this a federal requirement? Are there consequences for a teacher who doesn't answer.

Susan Michele Schaefer
Susan Michele Schaefer
answered on Mar 22, 2021

No, it is not mandatory that a teacher complete a Teacher Questionnaire. However, please consider completing either the questionnaire or a letter to describe your former student's functioning because the information you provide is an important part of the disability assessment. For more... View More

1 Answer | Asked in Social Security for Washington on
Q: i am unable to produce a birth certificate or name change records for the social security admin. what do I do

i changed my name nearly 50 years ago and now need to sign up for medicare

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

If you are already receiving Social Security retirement or disability benefits, Social Security will automatically enroll you in Medicare Parts A and B, so you don’t need to complete an application.

Otherwise, apply for Medicare online through your my Social Security account. Social...
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2 Answers | Asked in Patents (Intellectual Property) and Social Security for Florida on
Q: I’m 20 years old and I’m dad refuses to give me my ssn.

He told me he was it and the only way I would be able to get it is by changing my address on my driver’s license.

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

You can request a replacement Social Security Number (SSN) card online from Social Security. Just create your personal my Social Security account and request the replacement card. See https://www.ssa.gov/myaccount/replacement-card.html.

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2 Answers | Asked in Social Security for Florida on
Q: How do I obtain my sons social security number?

My ex wife has his social security number but will not give it to me.

Susan Michele Schaefer
Susan Michele Schaefer
answered on Feb 25, 2021

Look on your previous tax return. If you had included your child as a dependent. his Social Security number will be on the tax return.

Otherwise, you may need to obtain a replacement Social Security card by filing form SS-5 with Social Security - see https://www.ssa.gov/forms/ss-5.pdf. You...
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1 Answer | Asked in Social Security for Ohio on
Q: Somebody use my social to commit a crime don't I have a right to this info

I got pulled over they ran my plates and they were flagged they said somebody use my social to commit a crime but would not give me any more info since they used my social don't I have a right to know the act or the person who used my social

Susan Michele Schaefer
Susan Michele Schaefer
answered on Feb 10, 2021

Since you suspect someone is using your Social Security number and may be committing identity fraud, you should immediately report the incident to the Federal Trade Commission's (FTC) at their website IdentityTheft.gov. Social Security also recommends that you review earnings posted to your... View More

1 Answer | Asked in Social Security for Illinois on
Q: I'm owed back pay in child support for my now autistic adult son. Will this interfere with him collecting ssi?

Father was underpaying me while my son was in high school and the transition house. He aged out last year. We have been in court for 5 years trying to collect the right amount of support. We go back to court to finalize underpayment and my son was approved for ssi. However, because the monies was... View More

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

Social Security counter child support as unearned income for purposes of calculating the child's SSI benefits. However, Social Security does not always count the entire child support payment as unearned income. If a child support recipient is younger than 18 (or 22, if she is still in school),... View More

1 Answer | Asked in Social Security for Georgia on
Q: SS Adm. will not provide benefit (65 yrs) without proof that I completed my incarceration. What do I do?

I completed the sentence a year ago. I can't get anyone in the judicial system to provide documentation (origin copy) that I am not in a detention center. I am 65 years old and need the benefit. I don't know what to do.

I have asked prison representatives for the information... View More

Susan Michele Schaefer
Susan Michele Schaefer
answered on Feb 8, 2021

You can provide Social Security a copy of your prison release documents as proof you completed your incarceration. If you do not have the documents, contact the prison's representative to request the documents.

See https://www.ssa.gov/pubs/EN-05-10133.pdf.

1 Answer | Asked in Social Security for Wisconsin on
Q: I was receiving SSI. I received an inheritance which put me over the SSI resource limit so they stopped sending me SSI.

After a few months I spent it and am below the resource limit. They want proof. Is sending them my bank statements for those months enough proof to get my SSI back?

Susan Michele Schaefer
Susan Michele Schaefer
answered on Feb 4, 2021

Sending copies of your bank statements to Social Security may be enough to prove that you spend the funds that put you over the resource limit. However, Social Security may also ask for receipts of items or services that you purchased during spend down. You can also let them know about what... View More

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...
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