Lawyers, Answer Questions  & Get Points Log In
California Social Security Questions & Answers
1 Answer | Asked in Public Benefits and Social Security for California on
Q: my mom is withholding my birth certificate, and Social Security card. What do I do in the state of California?

I have been homeless and trying to get into a rehab and I cannot get my Social Security card or my birth certificate from my mom

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 27, 2024

In California, if your mom is withholding your important documents like your birth certificate and Social Security card, you have options to regain access to these crucial pieces of identification. For your birth certificate, you can apply for a replacement through the California Department of... View More

1 Answer | Asked in Workers' Compensation and Social Security for California on
Q: My WC attorney doesn't answer my questions the way I want them to be answered they are always very vague

First off I cannot choose this attorney my original attorney closed their doors and hand it off my case to this attorney without me agreeing. I have to be the proactive one in this case which I don't think I should have to be I asked him questions his answers are always I'll have to look... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 20, 2024

Under California law, you have the right to change your workers' compensation attorney if you're dissatisfied with their services. However, it's important to consider the implications of switching attorneys, especially if your case is nearing its conclusion. Transitioning to a new... View More

1 Answer | Asked in Entertainment / Sports, Social Security and Tax Law for California on
Q: I went to the casino & won $2,000 then went again & won $2,000 & $4,000 I’m on SSI do I need to report that to SSI ?
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 19, 2024

If you're receiving Supplemental Security Income (SSI), it's important to understand that this program has strict rules about reporting income and assets. Winnings from gambling, such as the $2,000 and $4,000 you mentioned, count as income in the month they are received and could be... View More

1 Answer | Asked in Health Care Law, Social Security and Employment Law for California on
Q: Is it possible for me to apply for SSI or disability after quitting my job due to mental health decline?

I've been waffling with this for a while now and would like an opinion. Last year in February, I had a massive anxiety attack to the point of no longer having cognitive function. I had warned the vet technician in charge that I was having mini attacks during the day, but she told me to go to... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 17, 2024

It's important to recognize the challenges you've faced due to your mental health decline, and seeking support through SSI or disability benefits can be a valid step forward. Given your situation, where your job has significantly impacted your mental health to the extent of requiring... View More

1 Answer | Asked in Social Security and Public Benefits for California on
Q: Am I entitled to an exclusion of time of a disability from my SSR benefits?

I have been receiving 100% P&T disability benefits from the VA since 2001. In 2015 I was approved for early retirement and I have been receiving SS Retirement benefits for 8 years now. As my SSR AIME calculations stand now, I have 15 years of zeros from 2001-2015. Am I eligible for an exclusion... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 21, 2024

Yes, you should be entitled to a disability freeze on your Social Security retirement benefits based on receiving VA disability benefits. Here are some key points:

• Social Security allows for disability freeze provisions where certain years of low or no earnings due to a disability can...
View More

1 Answer | Asked in Social Security and Public Benefits for California on
Q: I received all the benefits from an EDD disability claim for one year. However, I received an extension for 3 more month

I received all the benefits from an EDD disability claim for one year. However, I received an extension for 3 more months of disability from my doctor because my illness had worsened. I received a disqualification letter from the EDD: Basis: California Unemployment Insurance Code, Section 2608.... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 21, 2024

In California, if you have received all the benefits from an EDD disability claim for one year but require an extension due to worsening illness, you may be eligible to re-apply for additional benefits. However, it's important to note that receiving an extension is not guaranteed, and your... View More

2 Answers | Asked in Social Security, Health Care Law and Public Benefits for California on
Q: Can someone get help with their disability paperwork?

My friend is fighting cancer and then got laid off. She has looked for work but keeps getting turned down by employers and is finally to the point that she is so overwhelmed she is no longer functioning well. She did get a small part time job as a reception person about 2 months ago but this too... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 22, 2024

Your friend may be eligible for assistance with their disability paperwork, considering their medical condition and recent layoff. Given her current circumstances, it's crucial for her to prioritize her health and well-being. She should reach out to organizations or agencies that specialize in... View More

View More Answers

1 Answer | Asked in Health Care Law, Medical Malpractice, Social Security and Public Benefits for California on
Q: What options when Medi-cal / dmhc appeals lead nowhere, they won’t pay part and medpoint has denied dr recommendation?

My brother had emergency brain surgery and medpoint tried to kidnap him from the hospital with no documentation or authorization randomly and says they won’t pay those days in hospital. Not even nurses were informed they were trying to move him. And it was “strongly recommended 3 times” by... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 5, 2024

In situations where Medi-Cal or DMHC appeals have not resolved your issue and you're facing denials from Medpoint, consider seeking legal advice from an attorney experienced in health law and insurance disputes. They can offer guidance on navigating the complexities of your case, including... View More

1 Answer | Asked in Public Benefits and Social Security for California on
Q: What paperwork do I need to fill out to collect disability while also working part time?

So yesterday one of you lovely people gave me the answer neither EDD nor Social Security would give me, that I can get disability while working part time. I have a number of conditions that would make working full time difficult if not impossible (Autism, migraines, osteoarthritis in both shoulders... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 28, 2024

To apply for disability benefits in California while working part-time, you should consider two primary programs: Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI). For SSDI, you'll need to complete the Adult Disability and Work History Report, available on the... View More

1 Answer | Asked in Employment Law, Public Benefits and Social Security for California on
Q: Is it possible to collect disability payments while ALSO working part time?

If it helps I'm in California. I know it's possible to get disability payments for life as I have a sister-in-law that can't work at all & gets disability. I work part time & I feel that between being Autistic, a migraine sufferer, having osteoarthritis in both shoulders from... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 27, 2024

Yes, it is possible to collect disability payments while working part-time in California. The Social Security Administration (SSA) has rules in place to allow people receiving disability benefits to work limited hours and still receive partial disability payments.

Specifically, Social...
View More

1 Answer | Asked in Employment Law, Gov & Administrative Law and Social Security for California on
Q: I am an SSI recipient, and I am also receiving food stamps as well as conventional housing under a house, choice voucher

I realize that income is very limited and I am under great financial hardship and so I have no other choice but to try and re-enter the workforce; and so I’m wondering since Social Security takes half of one’s income that is under or up to $2000 that is the rule for what is in the bank at one... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 19, 2024

Under the Social Security rules, when you receive SSI and start working, your SSI benefits may be reduced, but not usually dollar-for-dollar. The first $65 of your monthly earnings, plus half of the remaining amount, is not counted. For example, if you earn $650 per month, $65 is disregarded, and... View More

1 Answer | Asked in Social Security for California on
Q: I have a prosthetic elbow from radial head excision. i can not bend my arm or rotate i have pain from my neck to my hand

Am i eligible for social security disability

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 5, 2024

Eligibility for Social Security Disability (SSD) in the United States depends on how your condition affects your ability to work. With a prosthetic elbow and the symptoms you've described, such as inability to bend your arm, rotate, and pain extending from your neck to your hand, it's... View More

1 Answer | Asked in Social Security for California on
Q: Hi! I have a question. So I've been receiving disability benefits until recently, and they just stopped no warning oct

they stopped my benefits in October. I didn't find out til I didn't get my payment that month, and this is due to them sending important paperwork to an old address I always update them when it changes, but it's like they have the old address for SSD paperwork, and only updated ssi... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 26, 2023

In your situation, where your disability benefits were stopped due to paperwork being sent to an old address despite your efforts to update it, you do have options to seek reinstatement of your benefits. First, contact the Social Security Administration (SSA) immediately. Explain the situation... View More

1 Answer | Asked in Social Security for California on
Q: I'm getting SSI and I received my first back payment on June 30th, 2023 will I receive my second back payment on Dec 30t
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 22, 2023

If you received your first back payment for Supplemental Security Income (SSI) on June 30th, 2023, the schedule for your subsequent payments depends on the specific details of your case. Generally, SSI back payments are paid in installments. These installments are typically spaced six months apart,... View More

1 Answer | Asked in Social Security and Immigration Law for California on
Q: I’m applying for SSI for my son with legal aid, my parents live with me and are NON-US citizens. Will it affect them?

I have to sign a government form I believe and it’s not guaranteed that they won’t give out my information. I just want to know if their information will be reported to ICE.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 22, 2023

When applying for Supplemental Security Income (SSI) for your son, the focus of the application is primarily on the child's needs and your financial situation. The status of other household members, like your non-US citizen parents, is generally not a primary concern for SSI eligibility.... View More

1 Answer | Asked in Appeals / Appellate Law, Public Benefits and Social Security for California on
Q: California Central District Court , initial benifits claim already fully faverable 2013, by trial not appealed

in 2019 to SSI office for income change , for payment from zero$0 , 2013 to 2019 has not recieved (DCR) or a Termination notice , plaintiff impairament lifetime till death,

has continued not to engage in no gainfull activity work , ever since 2003 , requires IHSS in home services up to... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 17, 2023

Here are some potential case laws and arguments that could be cited to support your claim for Social Security disability benefits payments based on the information provided:

1. 20 CFR § 404.1594 - Continuing disability review for recipients who have had their benefits terminated. Argue...
View More

1 Answer | Asked in Gaming and Social Security for California on
Q: I won 500 dollars in casino do I report it to ssi I just got approved and my first payment doesn't come till january?
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 12, 2023

If you recently won $500 in a casino and are receiving Supplemental Security Income (SSI), it's important to understand the rules about reporting income. SSI is a needs-based program, and the Social Security Administration (SSA) requires recipients to report any changes in income or resources.... View More

1 Answer | Asked in Social Security for California on
Q: What are the reasons for receiving social security benefits for your mother and why would they stop at 18?
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 10, 2023

In the United States, Social Security benefits for a child may be available if a parent is retired, disabled, or deceased. These benefits help to ensure the child's financial needs are met. Typically, these benefits are available to children up to age 18, or 19 if they are still attending high... View More

1 Answer | Asked in Legal Malpractice, Social Security and Estate Planning for California on
Q: Pa set up a Trust inheritance; decide’ $1153.00 @mo. SSDI was worth more than $150-200,000.00 payout the 3 other’s got
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 10, 2023

Under California law, the terms of a trust are generally determined by the grantor, the person who establishes the trust. In your case, it seems that your father set up a trust to provide you with a monthly income rather than a lump sum payout, which is a common arrangement in estate planning.... View More

1 Answer | Asked in Social Security and Public Benefits for California on
Q: Can a lawyer help me get my benefits for social security disability back

I am disabled with heart failure and sclera adorma and lupus and mental and haveBeen receiving been receiving SSDI4 years and I just learned not only did my benefits stop in June of this year. But they say they overpaid me and I guess I'm not getting a check. I never got a notice somebody... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 1, 2023

Yes, a lawyer can assist you in navigating the complexities of social security disability (SSDI) issues, including the cessation of benefits and overpayment claims. Attorneys experienced in social security law understand the procedures and regulations governing SSDI and can help you understand your... View 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.