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California Social Security Questions & Answers
1 Answer | Asked in Social Security and Tax Law for California on
Q: Does a tax-free stipend from VA for caregivers count against permanent disability income limits? VA doesn't report toIRS

IRS limits income to $1,470/mo. VA stipend is slightly more. "Earnings" above $1,470 get you kicked out of disability, but there are some exceptions such as winning the lottery. The VA doesn't report the stipend to IRS, so would this be one of the exceptions? Can I safely accept VA... View More

James L. Arrasmith
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answered on Feb 20, 2023

The answer to this question is not entirely clear, as it may depend on the specific disability program you are receiving benefits from and the specific requirements and rules of that program.

In general, the VA caregiver stipend is considered a tax-free benefit and is not reported to the...
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Q: I was diagnosed with a specific learning disability in 2nd grade and I'm clinically depressed and have anxiety

I was denied social security in by a judge 2021 can I sue then

Louis George Fazzi
Louis George Fazzi
answered on Feb 6, 2023

The Social Security system has a specific appeal process that must be strictly followed. If your disabling conditions have worsened, you can file a new claim for disability benefits. Make sure you have all your medical records and medical providers identified and listed, and any records from... View More

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1 Answer | Asked in Criminal Law, Internet Law and Social Security for California on
Q: Is it illegal to send someone's full name and pictures of them to an online chatting service (Discord)?

Basically, I want to expose this person for not being who they say they are. I want to call them a liar, post their full name, as well as some old selfies of themselves. This person is a minor (17)

They already have these pictures and their full name posted on a separate old account, but... View More

Dale S. Gribow
Dale S. Gribow
answered on Dec 18, 2022

Anyone can be sued for anything..........but it doesn't mean one would prevail.

The bottom line is based on the truth........truth is a defense.

However, before you do anything, you may want to consult a local lawyer and share ALL the info with him/her.

1 Answer | Asked in Civil Rights and Social Security for California on
Q: What is the next step if I am applying for disability but I am dealing with delays and discrimination?

Second time applying, advocate disappeared during initial claim filed in 2014, represented myself at hearing, was denied. Discouraged because referred lawyer was patronizing. No income since 2018. I suffer from. Chronic concussion syndrome, sub-clinical hyperthyroidism, ptsd, and several other... View More

Louis George Fazzi
Louis George Fazzi
answered on Nov 26, 2022

You haven't really provided sufficient information to enable an intelligent response. For example, you have not indicated what kind of disability benefits you are seeking, whether it is Social Security disability, Worker's Compensation benefits, or something else. And if you are seeking... View More

1 Answer | Asked in Social Security for California on
Q: SSA terminated benefits without a notice of hearing allegedly for not cooperating with a local county.

Is SSA authorized to outsource eligibility determination? and even when Local government is involved in legal matters with the SSDI recipient.

After years on SSDI, SSA reassessed and reapproved SSDI for another 5-7 years. Soon after SSA terminated SSDI without a notice of hearing.... View More

Elizabeth Fowler Lunn
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answered on Oct 16, 2022

Social Security uses a state agency to make medical determinations at the initial and reconsideration stages. The agency is usually called Disability Determination Services, or something similar. This is often the same agency that makes the medical determinations for Medicaid.

When Social...
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1 Answer | Asked in Immigration Law, Divorce and Social Security for California on
Q: Hello. I was married a foreigner and applied for a green card. Okay e separated and I never followed up with immigration

Now I’m marring again and need to apply for green card for him . How do I know if my previous case is canceled or no

Monica E Rottermann
Monica E Rottermann
answered on Sep 19, 2022

If you submitted the case with USCIS, you should have received correspondence about the case, and if you failed to follow up the case was likely denied or deemed abandoned. If you no longer have the paperwork or do not recall what you received, you can file a FOIA request with USCIS to get your... View More

1 Answer | Asked in Social Security for California on
Q: Who do I contact about retirement benefits?

My late uncle was awarded my great uncles retirement benefits and now his wife has my great uncles retirement benefits and we want to keep it in the family and she will not return it to is rightful lineage.

James L. Arrasmith
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answered on Aug 30, 2022

You should contact the benefits administrator about the benefits.

1 Answer | Asked in Social Security and Public Benefits for California on
Q: SSDI application declined

I've had submitted an on-line application for SSDI, but it was declined because I "have not worked long enough under SS". Even though my SS statement says that I have 40 work credits necessary for benefits, they apparently looked only at the last 10 years of taxable income.... View More

Susan Michele Schaefer
Susan Michele Schaefer
answered on Jun 16, 2022

To be eligible for SSDI disability benefits, you must meet BOTH a recent work test and a duration work test. The number of credits necessary to meet the recent work test depends on your age. In general, the rules are as follows:

Before age 24 - You may qualify if you have 6 credits earned...
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2 Answers | Asked in Employment Law, Personal Injury, Workers' Compensation and Social Security for California on
Q: Hello I've been suffering from anxiety and I get panic attacks. Can I qualify for disability and who can help me?

Hello I have 2 weeks without working and i work in construction and when I don't work due to anxiety I don't get benefits. I have 2 kids and my wife and I dont know what to do with this anxiety that doesn't let me work due to panic attacks. It all started almost 4 years ago when my... View More

Kelvin K. Lee
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Kelvin K. Lee
answered on Apr 11, 2022

Dear Sir,

You may be eligible for State Disability Insurance (SDI) from the California Employment Development Department (EDD) if you apply within 49 days of the date you were last able to work. It will pay a percentage of your salary for up to 12 months. You will have to initiate this...
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1 Answer | Asked in Social Security for California on
Q: my wife was been a homemaker and caregiver ,can she get s. s thru me if i'm still working with insurance

i'm 62 and my wife is 65

Stanley Dale Radtke
Stanley Dale Radtke
answered on Mar 9, 2022

The Social Security Website has some basic information about your question. Kindly take a look.

https://www.ssa.gov/benefits/retirement/planner/applying7.html

"Even if they have never worked under Social Security, your spouse may be eligible for benefits if they are at least 62...
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1 Answer | Asked in Social Security for California on
Q: My daughter 21 is not disabled, and my husband was 47 when he committed suicide. I have learned about widows benefits.

There’s nothing his family can do or with hold from me or take me to court for.

Elizabeth Fowler Lunn
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answered on Feb 27, 2022

How his assets and debts are handled depend on the state law where he lived. You need to speak to an estate planning attorney to know what you may be responsible for in terms of his debts and whether you or your daughter would be entitled to any inheritance. These issues are not related to social... View More

1 Answer | Asked in Social Security for California on
Q: My husband just committed suicide his family wants me to sign over his SSI to our daughter 21, do I have to? Laws? Rule?

We married in 1998 separated in 2001 but never finalized the divorce. Word is our daughter is going to ask me to sign over his SSI, is this something that I need to get a lawyer for? Can his family require me to do so? Wouldn’t our daughter qualify for the Child SSI? Or is his SSI held because of... View More

Elizabeth Fowler Lunn
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answered on Feb 27, 2022

There is no such thing as "signing over" SSI. If your husband was receiving Social Security disability or retirement benefits, those stopped with his death. If your adult daughter has been receiving benefits from his earnings record because she is disabled, those can continue. But no one... View More

5 Answers | Asked in Bankruptcy, Banking, Federal Crimes and Social Security for California on
Q: I ran a credit report and found out someone used my credit to get a car loan. What should I do? Any one that can help me

I have the name of the loan company that issued the loan to this stranger that stole my identity. Can I file a lawsuit?

I live in Rosemead any lawyer near me

Yelena Gurevich
Yelena Gurevich
answered on Feb 23, 2022

first, you need to file an identity theft report with the FTC (and maybe your local police station).

Then you send a dispute to each credit bureau with a copy of the police report and ask them to remove the entry on your credit report. See annualcreditreport.com for instruction. Make...
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2 Answers | Asked in Family Law and Social Security for California on
Q: Is there any benefits that my 17 year old special needs child will qualify for once she "graduates" from her school

She has epilepsy and is developmentally delayed due to brain abnormality. I get paid through In Home Support Services for her full time care. Since she will never be able to work as an adult, can she still get disability benefits?

Scott F Bocchio
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answered on Feb 17, 2022

It's worth calling into our SSDI department and speak with Adam Jeffery, Administrator 855-54-7841.

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1 Answer | Asked in Animal / Dog Law and Social Security for California on
Q: My Service dog in training was denied access to a clinic that I was going to for my social security evaluation.

receptionist stated that service dog is only for the blind and deaf. What can I do?

Susan Michele Schaefer
Susan Michele Schaefer
answered on Jan 23, 2022

A dog who is a trained service animal is permitted access under the Americans with Disabilities Act (ADA). Examples of service animal work include guiding people who are blind, alerting people who are deaf, pulling a wheelchair, alerting and protecting a person who is having a seizure, reminding a... View More

1 Answer | Asked in Social Security for California on
Q: If a spouse is the payee for Social Security disability can they use those funds to pay off personal debt, fines,etc?

My ex husband was the payee for my social security disability as well as additional benefits for our child. When we divorced I discovered he had spent $25,000.00 in back pay for personal debts, gave his mom $7,000 he owed in back rent from when I was not living with him plus jewelry and other gifts... View More

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

Social Security law and regulations require a representative payee to use the Social Security payments they receive on the beneficiary's behalf for essential needs of the beneficiary.

Examples of benefits being properly disbursed are payments for food, housing, utilities, medical or...
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2 Answers | Asked in Gov & Administrative Law, Public Benefits and Social Security for California on
Q: I will be going before an Administrative Law Judge for Social Security disability benefits. Any clinics around to help?
Elizabeth Fowler Lunn
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answered on Sep 15, 2021

There may be a local law school with a clinic for disability benefits so you could call around and ask. If you are concerned about not having money to pay a lawyer you don’t need to worry about that. You don’t pay up front and the attorney only gets paid a percentage of your back benefits if... View More

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1 Answer | Asked in Social Security for California on
Q: CAN A MENTALLY ILL PERSON REPRESENT THEMSELF IN A SSI DISABILITY CASE

IF A DEFENDANT HAS A SSI DISABILITY CASE FOR BEING MENTALLY ILL AND BLIND - CAN HE REPRESENT HIMSELF IN COURT WITHOUT A COMPETENCY HEARING

Elizabeth Fowler Lunn
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answered on Aug 26, 2021

If you have applied for SSI and have an upcoming hearing with a Social Security ALJ for that claim you are not a defendant. Typically in Social Security hearings you are not required to have an attorney. That being said I would strongly encourage you not to represent yourself. There are a lot of... View More

1 Answer | Asked in Social Security for California on
Q: How can we obtain a legal court ( embossed), wet ink document appointing my wife, Mary Scott as executor of her aunts

estate? We are dealing with social security, and need this court document to get info for her aunts estate. Can you help? thank you very much, Ca. and/or Roseville Ca. area only please.

Elizabeth Fowler Lunn
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answered on Aug 4, 2021

You will need to talk to the clerk of court where her aunt resided about the process. It will depend on whether or not her aunt left a will naming an executor. Your wife could also speak with an attorney that handles probate cases. Most attorneys who do estate planning (wills and trusts) will know... View More

1 Answer | Asked in Estate Planning, Tax Law and Social Security for California on
Q: I would like to shelter my lump-sum SSDI payment from further taxation. I am currently in an "uncollectible" status.

A lawyer friend suggested an irrevocable trust. Does that make sense?

Thank you,

Nina Whitehurst
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answered on Jul 17, 2021

It is not clear what “further taxation” concerns you. Is it income tax? Estate tax? Real property taxes? Something else? It could be that you yourself do not understand the taxation of SSDI benefits. You should consult with a tax advisor about that. Most likely you will not need any kind of... View More

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