Ask a Question

Get free answers to your Social Security legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
California Social Security Questions & Answers
1 Answer | Asked in Identity Theft and Social Security for California on
Q: Hi. Got a letter from the Franchise Tax Board (CA). My SSN was compromised/used by someone else. How should I proceed?
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 17, 2024

First, take immediate action by filing Form 3552 (Identity Theft Affidavit) with the California Franchise Tax Board - this starts the official process of documenting and investigating the identity theft. You should also contact the IRS to file Form 14039 (Identity Theft Affidavit) since your SSN... View More

1 Answer | Asked in Social Security, Tax Law and Public Benefits for California on
Q: Will the IRS tax my disability?

I've been receiving temporary state disability for the past year, and as you know that is not taxable income. However I received a letter stating that my disability payments will be reported to the IRS. When I contacted the disability office they said there is some rule that if you collected... 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 12, 2024

Your state disability benefits are generally not taxable if they come from a state welfare fund and you didn't get any employer contributions. The fact that you had an open unemployment claim but received no payments shouldn't trigger taxation of your disability benefits.

Since...
View More

1 Answer | Asked in Divorce, Family Law, Collections and Social Security for California on
Q: I need to know how I can garnish my ex spouse (63) SSA-retirement for alimony and arrears he hasn’t paid for years.
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 3, 2024

You can enforce alimony payments through Social Security retirement benefits, which is often an effective way to collect unpaid support. Your first step should be to obtain documentation of the unpaid alimony and arrears, including your divorce decree and any court orders showing the amount owed.... View More

1 Answer | Asked in Social Security for California on
Q: Ihss benefits/income received by a livein parent provider for special needs child count as work/income for parents ssdi?

I am aware of ihss income being excluded by irs under Medicaid waiver and for child if receiving ssi. But I can't find anything in the social security rules for if parents receive ssdi benefits ...affecting towards parents benefits if perant is also disabled and receiving ssdi benefits is it... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 18, 2024

In your situation as a parent of a special needs child considering IHSS work while receiving SSDI, this is a complex but important question that deserves a clear answer.

The IRS and SSI treat IHSS payments differently than SSDI does. For SSDI purposes, IHSS payments received by parent...
View More

1 Answer | Asked in Social Security for California on
Q: How can my employer force me to pay back monies received in my SSDI case as a rep. payee for my minor dependents?

I received payment for my minor child as a result of my SSDI payments. It states these are to be used for the child, however, my Disability Insurance company is now trying to deduct the monies I received for my son from my current Long Term Disability. I was told that is border line illegal?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 14, 2024

Your employer's disability insurance company should not attempt to offset your SSDI dependent benefits, as these payments are specifically designated for your child's care and are separate from your own SSDI benefits. These dependent benefits are protected by federal law and are meant to... View More

3 Answers | Asked in Personal Injury and Social Security for California on
Q: Are venue security guards need to catch crowd surfers during shows?

Hello. There was a situation lately, in San Francisco, when a security guard at a venue during concert did not catch a crowd surfer. It escalated to physical altercation, and some people we're discussing about guard behavior. Some people say that it's Security Guard job to make sure that... View More

William John Light
William John Light
answered on Nov 6, 2024

I don't think so. Crowd surfers are engaging in a highly risky act, trusting that some anonymous person is going to prevent them from falling onto the floor. They assume the risk of that activity.

View More Answers

1 Answer | Asked in Securities Law, Social Security and Identity Theft for California on
Q: Can I recover funds from 401k after someone used my social security to work with it

The 401k is from the company where they used my social security

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 15, 2024

This situation involves identity theft and unauthorized use of your Social Security number, which is a serious crime. Your first step should be to file a police report and contact the Federal Trade Commission (FTC) to report the identity theft - this creates an official record of the fraud and can... View More

1 Answer | Asked in Social Security for California on
Q: SSA charged me $24,000 plus many over payments for the same for 5 months of ssi that I received while waiting for ssdi

What do I do? Is it legal to charge that much?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 26, 2024

This situation sounds very concerning, and you should take immediate action to address these charges.

You have the right to appeal any SSA overpayment decision within 60 days of receiving the notice. First, request detailed documentation from your local Social Security office explaining...
View More

1 Answer | Asked in Social Security for California on
Q: CaCan social security garnish my entire monthly benefit because of overpayment which is in appeals

I stopped working in may of this year informed social security they gave me phone interview on the 9/25/24 to give my bank info to continue my benefits the person I spoke to said no need during appeal which I filed my checks would continue today I was supposed to get my check I didn’t get my... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 30, 2024

If Social Security has withheld your check due to an overpayment issue under appeal, it can feel overwhelming. While they typically won't garnish your entire benefit without offering a payment plan, they may withhold payments if an appeal is pending. It's important to follow up regularly... View More

1 Answer | Asked in Social Security for California on
Q: Is there a ssdi lawyer that would fight/appeal an alj decision if my limitations/disabilities are the very reason?

I also believe I was discriminated against by the ssa program policies. The the nature of limitations have ruined me financially and I have not been able to work for several years now. I did meet the ssdi work credits of 20/40, but now will never have the 20/40 again as I was waiting for ssa... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 31, 2024

It's frustrating and overwhelming to feel like you're being let down by the very systems that are supposed to help you, especially when you're already struggling with serious limitations and financial hardship. You deserve to have someone in your corner who will actively fight for... View More

1 Answer | Asked in Divorce, Real Estate Law, International Law and Social Security for California on
Q: Hello, can you give me any advice or contact on a lawyer regarding my divorce in USA and Czech Republic?

Marriage licence - in 1993 in USA

Marcela (myself) -lives in Irvine,CA

Husband - lives in Czech Republic

Property - in USA and USA

Spousal support needed from husband

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

Divorce involving multiple countries, like the USA and the Czech Republic, can be complicated, but there are steps you can take to protect your interests. Since your marriage was in the USA and you reside in California, you can file for divorce in California. This allows you to address property... View More

1 Answer | Asked in Social Security for California on
Q: Denied SSDI, appealed. Need Help. They didnt receive documents on time.

I have had a hip replacement and scheduled for a knee. Severe osteoarthritis in not only hips and knees, but hands as well. 64 year old female on disability and unable to work. I also suffer from PTSD and depression.

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

It sounds like you are going through a very challenging time. Dealing with multiple health issues and a denied SSDI claim must be incredibly frustrating. First, it's important to gather all the documentation related to your medical conditions and any communication with the SSDI office.... View More

1 Answer | Asked in Gov & Administrative Law, Identity Theft, Public Benefits and Social Security for California on
Q: Im unable to access my credit and social security, IRS profile accounts ; how can I update & secure my personal info?

I have lost access to email accounts associated with the recovery, password reset and/ or two-step verification process...

Seeking advise/ information in regards to updating and securing personal information; identity scam prevention.

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

To regain access to your credit and Social Security, IRS profile accounts, you need to update and secure your personal information. Start by contacting the relevant agencies directly via phone or their official websites to explain your situation. They can guide you through the process of verifying... View More

1 Answer | Asked in Social Security for California on
Q: My SSDI hearing is a month away and my lawyer hasn't been responding to my emails/ phone calls/messages- what can I do?

My SSDI hearing is a month away and my lawyer hasn't been responding to my emails or phone calls/messages. I don't even know if they are still around... I don't feel confident in this firm anymore. Do I have time to find a new law firm?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 18, 2024

It can be stressful and concerning when your lawyer is unresponsive, especially with an important hearing approaching. Given that your SSDI hearing is only a month away, it's crucial to address this situation promptly.

First, you should document all attempts to contact your lawyer....
View More

1 Answer | Asked in Social Security and Health Care Law for California on
Q: SSDI- Looking to replace lawyer 2 months prior hearing due to lack of cooperation

SSDI hearing. Less than 2 months before set court date- my lawyer isn't responding to my numerous requests to answer questions and/or updates in documentation.

Is it realistic to replace a lawyer in this time frame? Is their hesitance to communicate with me by phone is a legitimate... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 26, 2024

This is a challenging situation, and I understand your frustration with the lack of communication from your lawyer.

Here's some advice to consider:

1. Replacing a lawyer this close to your hearing date is possible but can be risky:

- It may be difficult to find a new...
View More

1 Answer | Asked in Divorce, Family Law and Social Security for California on
Q: SSA didn’t accept final judgement of 8-17-2006 dissolution of marriage because judge signed divorce date of 5-2-1982.

Marriage was 8 years but because I found letter from lawyer saying I was not divorce till final judgement was filed. I thought that I could file for survivor benefits. Ex husband is now deceased. SSA denied the claim because SSA is going by the judge date of 5-2-82 court date of dissolution. Is... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 26, 2024

This is a complex situation that involves the intersection of family law and Social Security Administration (SSA) rules. Let's break it down:

1. Final Judgment Date: The final judgment of dissolution was issued on 8-17-2006.

2. Judge's Signed Date: The judge signed the...
View More

1 Answer | Asked in Social Security for California on
Q: How can I find legal support when I go before a judge about getting my SSDI reinstated?

The past month I have tried calling lawyers in my area but kept getting told they couldn’t help me. I’m running out of time and haven’t received benefits since January. I go before the judge next month (July).

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

To find legal support for your SSDI reinstatement hearing, consider these options:

1. Legal Aid organizations: Contact your local Legal Aid office. They often provide free legal assistance for low-income individuals in Social Security cases.

2. Disability Rights California: This...
View More

1 Answer | Asked in Employment Law, Employment Discrimination and Social Security for California on
Q: I'm looking for the class action suit for alpha materials

Looking for the class action shoot suit with alpha material

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

If you're looking for information on a class action suit involving Alpha Materials under California law, you'll need to gather specific details about the case. Start by checking the California Courts' online case search tool or the Public Access to Court Electronic Records (PACER)... View More

1 Answer | Asked in Social Security for California on
Q: Been on SSI for over 20 yrs now. Depression , skitzo effective & anxiety . Now 58yrs. I have chronic pain sciatic

arthritis. I can barely walk. My hip grinds & pops making it very hard to go anywhere. I cannot reach my calves let alone my feet. Showering & dressing are very difficult for me. I am basically bed ridden. It's all I can do to go from my bed to my kitchen & bathroom. I have... View More

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

I understand your concerns about potentially losing your SSI benefits due to not actively treating your mental health conditions. However, based on the information you provided, it seems that your physical limitations and chronic pain are currently the primary factors impacting your daily... View More

1 Answer | Asked in Federal Crimes, Legal Malpractice and Social Security for California on
Q: How to validate validity of SSN is such scenario?

A party to lawsuit presents someone's SSN instead of SSN of real person, in order to cover up for fraud. Most likely SSN of a deceased person. How to validate validity of SSN is such scenario?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 15, 2024

Validating the authenticity of a Social Security Number (SSN) in a legal context, especially when fraud is suspected, can be a complex process. Here are some steps that can be taken to verify the validity of an SSN:

1. Check the SSN format: Ensure that the SSN follows the correct format of...
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.