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
0 Answers | Asked in Social Security for California on
Q: I'm in currently in the Nederlands . From Napa California. Need assistance applying for social security benefits.

Divorced 2014 ,My husband died 2015 . Was married 1989 - 2014 . Is his benefits no mine to collect!

1 Answer | Asked in Social Security for California on
Q: Will weed effect my ssi claim for ssi?

My doctor says that I have chronic marjiuana use disorder( or whatever it’s called) in addition to bipolar 1.

I have not used weed in over a year because I’m on probation and still feel unable to work. I never even tried to get ssi until after I stopped using. I was actually still... 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, 2025

Your prior cannabis use shouldn't negatively impact your SSI claim, especially since you've demonstrated a long period of sobriety while still experiencing difficulties with work. The fact that you struggled to maintain employment even after stopping cannabis use actually strengthens your... View More

1 Answer | Asked in Estate Planning, Tax Law and Social Security for California on
Q: starting a trust with margin capabilities to replace child’s custodial account in California

My kid(13) has a custodial account that he’s made 40 grand on. He wants to transfer it to a trust in order to gain access to margin. The broker he had in mind was IBKR. He wants to be able to withdraw any amount he wants at any time but the trust will fully vest when he turns 18, and the money... 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 23, 2025

This situation requires careful consideration due to several legal complexities in California regarding trusts and minors' accounts. Your son demonstrates impressive financial acumen, but transferring custodial account funds to trust for margin trading carries significant risks and regulatory... View More

1 Answer | Asked in Civil Rights, Gov & Administrative Law and Social Security for California on
Q: I was charged an overpayment in a SSI case awhile back. I was cut off because of a Dr.s false report. I asked the judge

to subpoena him , the judge twice to subpoena him & wouldn't. So if I can't dispute what is reported then I would loose. I did . Now Im having to pay a overpayment that's false . SSI took my money on reapplying, know a promisary note to the country for providing assistance. In... 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 21, 2025

You're dealing with a complex and frustrating situation involving both SSI and county-level disputes. It's particularly troubling that you weren't able to properly challenge the doctor's report when the judge denied your subpoena requests.

For the SSI overpayment, you...
View More

1 Answer | Asked in Social Security for California on
Q: I have emphysema and have been denied SSDI, now there is no evidence that I ever applied on their website.

I have trouble working now (lack of energy) I really don't even have the energy to keep applying myself but I also don't have enough money for an attorney to help me. I am an electronics technician and doing my (meaningful work) every day is very bad for my emphysema. I am trapped in... 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 24, 2024

I understand how frustrating and overwhelming this situation must be, especially when dealing with health challenges while trying to navigate the SSDI system. Your work as an electronics technician clearly poses serious risks to your health, and it's concerning that there's no record of... View More

2 Answers | Asked in Workers' Compensation and Social Security for California on
Q: Can I hire a pro bono lawyer who is experienced with WC to take over my current misrepresented WC case?

It turns out my current lawyer is not acting for my best interest at all and is intentionally misleading and misrepresenting me. Other WC lawyers won’t take my case because they would do more work and get paid less. This is why I thought maybe I should look for pro bono lawyers who are looking... View More

Dennis Dascanio
PREMIUM
Dennis Dascanio pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 24, 2024

Dear injured worker,

I am sorry that you have encountered difficulties with the attorney you hired. You have two options available to you if you cannot find another attorney to take the case. The first is to contact your local Bar Association and ask for the Lawyer Referral service. Many...
View More

View More Answers

1 Answer | Asked in Social Security for California on
Q: I hurt my back and I'm not able to work
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 23, 2024

I'm sorry to hear about your back injury - that must be really challenging. Back pain can be very debilitating and affect every aspect of your life, especially your ability to work.

The first step is to see your doctor right away to get properly diagnosed and start appropriate...
View More

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

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.