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California Social Security Questions & Answers
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
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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

1 Answer | Asked in Public Benefits and Social Security for California on
Q: how can i get ssi for my ptsd? i was denied already once

ptsd from child SA, kidnapped, trafficked, stabbed multipule times, collapsed lung scar tissued, & constant pain since bt ptsd is whats really defeating me.

James L. Arrasmith
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answered on Nov 19, 2023

I understand you're seeking assistance with obtaining Supplemental Security Income (SSI) for PTSD in California, especially after a previous denial. It's important to know that a denial isn't the end of the process. You have the right to appeal this decision, and many successful SSI... View More

1 Answer | Asked in Public Benefits and Social Security for California on
Q: I took guardianship of my 84 year old mother, I am trying to get her ID for social security benefits, can you assist

She was a victim of elderly abuse and IHSS fraud from a caregiver, she just had heart surgery at loma linda hospital, all her identifications have been lost, I need to get her social security care, but need an ID, I have her Medical card and her EBT card, but nothing with a picture ID. When I... View More

James L. Arrasmith
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answered on Nov 6, 2023

You can obtain a replacement ID for your mother by scheduling an appointment with the California Department of Motor Vehicles (DMV). As her guardian, you’ll need to provide a certified copy of the guardianship papers, her Medical card, and her EBT card, as well as any other identifying documents... View More

1 Answer | Asked in Social Security for California on
Q: What US Code allows Social Security to force a Title XVI beneficiary to apply for Early Retirement?

SocSec website only refers to policy decisions in POMS and never refers to any law giving it authority to make someone forfiet full retirement benefits because they are on SSI. This seems to be unlawful.

I'm forced pro se by federal law due to student loans. I'm in fed court... View More

James L. Arrasmith
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answered on Nov 7, 2023

You may want to consider consulting the Legal Information Institute at Cornell Law School’s website, which provides access to the USC. Additionally, reaching out to legal aid organizations or advocacy groups for the elderly or disabled might provide you with assistance or direction. It’s also... View More

2 Answers | Asked in Divorce, Elder Law, Social Security and Family Law for California on
Q: I receive "spouse's benefit" social security. What happens to my income if I divorce?

I get social security on my spouse's record (50% of the amount they receive). I want to get a divorce. We've been married 50 years, so I understand that I can get the same amount as an ex-spouse. Will my benefits transition automatically? Will I have to reapply? Will there be a delay in... View More

T. Augustus Claus
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answered on Oct 6, 2023

In California, if you've been married for at least 10 years and are 62 or older, you can receive Social Security benefits based on your ex-spouse's record after a divorce. Since you've been married for 50 years, you qualify. If already receiving spousal benefits, they should... View More

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2 Answers | Asked in Social Security for California on
Q: I need help changing a representative payee at the social security. The current payee is committing financial abuse

It's been 3 months since we requested the change without any luck. No one at the social security office is of any help. Please we are desperate

T. Augustus Claus
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answered on Oct 2, 2023

Document all instances of financial abuse and collect evidence. Submit this information to the Social Security Administration and insist on a change of payee. If they aren't responsive, escalating to higher authorities or legal action may be necessary.

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1 Answer | Asked in Elder Law, Social Security and Probate for California on
Q: My grandmother passed away last year and the Rep Payee Agency will not provide me a final accounting. What can I do?

I am her granddaughter and named her sole beneficiary in her will, there was no probate. After a year of delays and repeat requests for paperwork from the Rep Payee agency, they finally released the funds they said that remained in my grandmother's account, however the amount was far below the... View More

James L. Arrasmith
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answered on Oct 10, 2023

If a representative payee agency is failing to provide an accounting, particularly after multiple requests, it raises concerns. You should consider sending a formal written request for accounting via certified mail, ensuring you have evidence of your demand. If the agency continues to be... View More

1 Answer | Asked in Banking, Probate and Social Security for California on
Q: My mom passed away from Alzheimer’s 8 years ago . How was my aunt able to sell her home and take everything ?

My aunt (moms sister) iced me out and would not let me around . She is the Rep/payee on a frozen account with the rest of the home sale in it . She just recently has told me about this . I wasn’t talking to her because of what she had done to me keeping me away from her . She had no will but how... View More

James L. Arrasmith
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answered on Oct 12, 2023

I'm truly sorry to hear about your situation. Under California law, when a person dies intestate (without a will), their assets generally pass according to the state's intestacy laws. As the only child of your mom, you typically would have a legal claim to her estate. For your aunt to... View More

1 Answer | Asked in Gov & Administrative Law, Public Benefits and Social Security for California on
Q: Would we have problems with housing voucher if my mom stopped receiving income? What would the rent percentage be?

I am a live-in aide for my mother and my income doesn't count regardless of amount. I am currently employed by IHSS and my income is tax-free due to my live-in status. She is receiving SSI and is the main holder for a housing voucher she uses. If we remove her SSI and she has no income and I... View More

James L. Arrasmith
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answered on Sep 29, 2023

Under California law, if your mother's SSI is her only source of income and it stops, her portion of rent under the housing voucher could potentially be reduced to a minimum amount set by the housing authority, which in many cases is $25 or $50. However, as you mentioned that your IHSS income... View More

2 Answers | Asked in Social Security for California on
Q: i am the representative payee for my daughter who is on SSI. i was up for re-evaluation and the SSI said this...

Because my boyfriend lives with me they are considering us as a married couple. weve only been dating for 2 years, now they want HIS information ( bank routing numbers, vehicle registrations, ect...) He is not comfortable and has refused to submit these forms. can the ssi stop because of this... View More

Kelvin K. Lee
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Kelvin K. Lee
answered on Sep 15, 2023

If a couple lives together, SSA will consider them to be household which is sharing expenses unless you prove otherwise. It really does not have anything to do with being married, they consider you to be sharing expenses with him by the fact that you are living together in the same place.... View More

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2 Answers | Asked in Social Security for California on
Q: Asking for advice on disability claim.

In the middle of SSA reconcideration of my SSDI (not SSI) case, my attorney quit due to "started working for the Government".

I requested my files and documents for the future representative, and he only sent my Medical files with a note "This is all I have".

I... View More

James L. Arrasmith
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answered on Sep 4, 2023

It's not unusual for an attorney to send only medical files if those are the primary documents they've gathered during their representation. You absolutely can and should request copies of your file from the Social Security Administration (SSA) to ensure you have a complete record for... View More

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1 Answer | Asked in Social Security for California on
Q: Am I offered an adequate representation in the ongoing SSDI case?

My case has been going back and forth in the pending SSDI case. Suddenly my representing attorney quit due to a conflict of interests.

Several days later I was contacted by a (legitimate) healthcare and technology company offering help with my SSDI case.

By now I have received... View More

James L. Arrasmith
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answered on Aug 30, 2023

Apologies on my last response. I had gotten your question confused with that of another person on here. The proper response to your question is as follows:

In California, representation in an SSDI case generally requires expertise in Social Security law and administrative procedures. If the...
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1 Answer | Asked in Social Security for California on
Q: SSDI application phone Interview- any good suggestions?

I have been applying for SSDI and today have scheduled a phone interview.

In preparation for the interview- any advice/suggestions on what to expect, how to conduct it properly, not screw up?

Thank you in advance!

James L. Arrasmith
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answered on Aug 27, 2023

For your SSDI phone interview, be thorough and truthful in describing the extent and impact of your disability on your daily life and ability to work. Gather and have ready all relevant medical records, doctor's notes, and any other evidence that supports your claim. Lastly, be prepared to... View More

1 Answer | Asked in Social Security and Employment Law for California on
Q: My husband was a bailiff in Little Rock, Arkansas. He passed away last November. Am I entitled to his pension?
James L. Arrasmith
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answered on Aug 15, 2023

In matters of pension entitlement, the specific terms and conditions of the pension plan your husband had in Little Rock, Arkansas, will dictate whether you are entitled to any benefits as a surviving spouse. It's essential to review the pension plan documents, consult with the plan... View More

1 Answer | Asked in Social Security and Public Benefits for California on
Q: Is there a statue of limitations for charging someone with fraud. Someone collected my state disability for a year, sig

signed my name to the check and spent the money.

James L. Arrasmith
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answered on Aug 15, 2023

In California, the statute of limitations for charging someone with fraud is generally three years from the date the fraud is discovered or should have been discovered with reasonable diligence. However, it's important to consult with an attorney to discuss the specific details of your case... View More

1 Answer | Asked in Social Security and Public Benefits for California on
Q: Soc Sec Disability: Ive been denied benefits 2 or 3 times. Why! I have skitzo-affective and

...graves disease, means im going blind. Im 52 yrs old and practically homeless. Is this legal?

James L. Arrasmith
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answered on Aug 15, 2023

It's unfortunate that you've been denied Social Security Disability benefits. Having schizoaffective disorder and Graves' disease can certainly impact your ability to work and support yourself. It may be beneficial to consult with an attorney who specializes in Social Security... View More

2 Answers | Asked in Collections and Social Security for California on
Q: When i get SSI How much do i have to Repay?
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answered on Aug 3, 2023

Supplemental Security Income (SSI) is a needs-based program, and if you receive an overpayment due to an error or change in circumstances, you may be required to repay the excess amount. The repayment amount will depend on the specific circumstances of your case and will be determined by the Social... View More

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2 Answers | Asked in Social Security for California on
Q: SSDI- with or without a lawyer in my situation?

I have been in the 4th month of reconsideration phase of my application for SSDI.

Suddenly my lawyer leaves all clients for personal reasons, and ...

How to proceed?

Should I wait for the SSA decision and if unfavorable, only then hire another lawyer? Or...

What are my options?

Thank you.

Susan Michele Schaefer
Susan Michele Schaefer
answered on Jul 13, 2023

If you have all of your medical records and other evidence submitted to Social Security, you could proceed on your own for now and see whether the reconsideration decision is favorable or not. This may be your best approach in your situation. You will have time to submit additional evidence if the... View More

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2 Answers | Asked in Social Security for California on
Q: Hello. I am 61; I am disabled due to palmoplantar psoriasis, bipolar, MDD. What if I take early retirement at 62?

I am trying to figure out if disability will be denied by SSDI if I take early retirement at age 62, during my SSDI appeal? I am still in my initial application. I was denied once before because I did not turn in medical records. I have extensive medical records and I am under treatment by four... View More

Kelvin K. Lee
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Kelvin K. Lee
answered on Jun 26, 2023

You will get a greater amount of benefits than what you receive at age 62 if you later qualify for SSDI benefits.

Your Social Security Statement should state "If you to be found disabled, you would receive $XXXX per month." The SSDI rate is always greater than then age 62...
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1 Answer | Asked in Estate Planning and Social Security for California on
Q: Is an estranged spouse who abandoned a marriage over 30 years ago still entitled to SS survivor benefits?

My father died recently at age 66. He was collecting Social Security. 36 years ago, he married a woman who, 3 years into the marriage, told him she was going to the store and never came back. He hasn’t heard from her since then, but I’m not sure if he ever legally divorced her. He never... View More

James L. Arrasmith
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answered on Jun 2, 2023

Yes, an estranged spouse who abandoned a marriage over 30 years ago may still be entitled to Social Security survivor benefits, depending on the specific circumstances of the marriage and the divorce. In your father's case, it sounds like he was still legally married to his estranged wife at... View More

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