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California Social Security Questions & Answers
1 Answer | Asked in Social Security for California on
Q: Would My Spouse Be Qualified For Ssi For Being An Alcoholic At The Age 30?

My Spouse Was A Hard Alcoholic, Hes 30 Years Old, Had Seizure And A Little Liver Problems. He's Also Dealing With Depression And Anxiety. He Takes Seroquel For His Mental Issues. Just Wanting To Know If He Qualifys For Social Security Benefits?

Katherine Audrianna Roe
Katherine Audrianna Roe
answered on Mar 15, 2018

If your husband is unable to work due to his mental conditions (depression and anxiety) he should apply for Supplemental Security Income (SSI) benefits. Social Security considers you to be disabled if 1) You cannot do work that you did before; 2) You cannot adjust to other work because of your... View More

1 Answer | Asked in Health Care Law, Elder Law, Public Benefits and Social Security for California on
Q: If my father is under the care of his brother who is not using his disability check correctly

My uncle is using his checks for personal use. I want to take him under my care but I am unable because they will not release information regarding his heath insurance or disability. I am his next of Kin, what steps can I take action in he is currently 6 hours away.

Priscilla Ann Madrid
Priscilla Ann Madrid
answered on Jan 4, 2018

If you feel that your father is being financially abused by his brother the first step would be to file a report with adult protective services in your area. You may also want to file a petition for appointment of yourself as conservator of the person and estate of your father. Consult with an... View More

2 Answers | Asked in Personal Injury, Workers' Compensation and Social Security for California on
Q: i have oab or overactive bladder disorder, and terrible lower back pain do i qualify
Peter N. Munsing
Peter N. Munsing
answered on Dec 19, 2017

qualify for.....you haven't said, so we can't help you.

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Q: My ex received welfare and I lived with him at the time. Social Services filed a case against me to be reimbursed.

Over the years I have also received aid from the county. I went to court years ago over this and I don't owe the money. The father never asked for or wanted $ thru the county. I have also gotten married and had a son who is now 18. My husband is now disabled and we are broke and homeless. My... View More

Louis George Fazzi
Louis George Fazzi
answered on Aug 23, 2017

You need to file a claim with the California franchise tax board to receive your money back. Gather your evidence together to show that you were not receiving public aid at the time and that any income you had was your own, and that is what you were using to support yourself. If you were married... View More

1 Answer | Asked in Social Security for California on
Q: I was denied survivors benefits.

My wife passed away in 04,she was collecting social security at the time.I applied for survivors benefits and was denied.Aren'I entitled to at least a portion of what she paid into for 30 years? That was her hard earned money and for the government to keep it.Please advise,I am a retired... View More

Louis George Fazzi
Louis George Fazzi
answered on May 23, 2017

You are entitled to survivors benefits if your spouse or ex has died. You all need a copy of your spouses death certificate, your marriage certificate, social Security numbers for you and your spouse.

I can't understand why you would possibly be denied survivors benefits unless you...
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2 Answers | Asked in Divorce, Probate and Social Security for California on
Q: How can I stop saying from stopping my SSI benefits because​ my husband is over his step dad's estate

My husband is over his step dad estate an account set up in a bank that still in probate however ssa found it and they stopped by benefits meantime I want a divorce immediately

Ray Choudhry
Ray Choudhry
answered on May 2, 2017

SSA has income and asset guidelines for SSI.

They take into account household income and assets.

If you think they are wrong, you have a right to appeal.

To get a divorce you need to see a divorce lawyer.

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1 Answer | Asked in Social Security and Workers' Compensation for California on
Q: Workers Comp Injury surgery in 2005, need second surgery, repetitive injury is it possible to file for social security ?

The P&R report stated I needed another surgery. At that time had used up all my disability and workers comp money and i got let go not too long after that. I have not been the same since then. Daily activities are harsh on my arm and hand. I have few gaps in employment because I dread the... View More

Nancy J. Wallace
Nancy J. Wallace
answered on Apr 4, 2017

you may always file for Social Security Disability benefits, just keep in mind most are denied in the first application AND you need CURRENT Medical Evidence (not your observations, a medical doctor's written observations and diagnosis) to succeed in the Social Security Disability application... View More

1 Answer | Asked in Social Security for California on
Q: Can Social Security withhold the formula and the calculations to offset and used to calculate my benifits
Peter Anthony Bohan
Peter Anthony Bohan
answered on Mar 2, 2017

If you are referring to how your Social Security retirement and disability amount is calculated, you can enroll online at:

https://www.ssa.gov/myaccount/

You will be able to see a detailed earnings record and description of how the benefit is calculated and if you disagree with it...
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1 Answer | Asked in Workers' Compensation and Social Security for California on
Q: I'm 37 years .disable .I receive SSA benefits but it is not enough for me and family. how much I can make a if I work

I mean if try to work how much money i can make year and not effect my SSA benefits

Nancy J. Wallace
Nancy J. Wallace
answered on Feb 13, 2017

All the earnings questions are answered nicely by the Social Security Administration at https://www.ssa.gov/oact/cola/rtea.html .

1 Answer | Asked in Social Security for California on
Q: Are social security benefits protected from creditors?
Peter Anthony Bohan
Peter Anthony Bohan
answered on Mar 2, 2017

SSDI/SSI benefits are generally protected from creditors. There are some exceptions such as money owed to federal government (unpaid taxes) or child support owed.

Here is a link to another response addressing Social Security funds and protection they have from creditors if direct deposit...
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1 Answer | Asked in Social Security for California on
Q: I'm unhappy with my monthly social security payout. Is it possibly to appeal it to try to get a higher sum?
Ali Shahrestani,
Ali Shahrestani,
answered on Jan 18, 2017

See: https://www.ssa.gov/disabilityssi/appeal.html

The best first step is an Initial Consultation with an Attorney. You can read more about me on my law practice website. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any...
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1 Answer | Asked in Civil Rights, Landlord - Tenant and Social Security for California on
Q: Disabled tenant is withholding rent and retaliating my eviction notice because I ignored her requests for accommodation

The first time I denied her request for an accommodation, she asked to pay rent late because of her limited income, but I denied her because waiting three days would be an undue hardship on me. My son who is one of 4 tenants, feels uncomfortable living with a female roommate, so I asked her to sign... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 5, 2017

You may be in violation of federal fair housing laws re: accommodations for disabled tenants.

See: https://portal.hud.gov/hudportal/HUD?src=/program_offices/fair_housing_equal_opp/FHLaws/yourrights

More details are necessary to provide a professional analysis of your issue. The...
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1 Answer | Asked in Social Security for California on
Q: I have a bill that's going through collections. Can my creditor go after my social security payments?
Andy Chen
Andy Chen
answered on Nov 13, 2016

No, but if you get your social security payments electronically deposited in to a bank account, it is possible the creditors may levy the account not knowing the money in it is from social security. If that levy happens, it is on you to contest the levy and inform the creditor that the money... View More

1 Answer | Asked in Social Security for California on
Q: my bank account went over resource limit by 54 dollars in feburary and 189 in march will this fact make inegible for ssi
Peter N. Munsing
Peter N. Munsing
answered on Oct 5, 2016

If you are on, no. Arrange for a spend down of the monies. As you approach the limit spend the money on necessary items--rent, electricity, etc.

1 Answer | Asked in Social Security and Child Support for California on
Q: Can court order garnishment of social security to meet adult child support judgment?
Peter N. Munsing
Peter N. Munsing
answered on Sep 2, 2016

possibly, especially if adult was receiving child allotment and not passing it on. Check with legal aid/legal services as usually it's not subject to garnishment.

1 Answer | Asked in Criminal Law and Social Security for California on
Q: What can I do when I find someone has my stolen bike, but the guy bought it on street, shop or online?
Peter N. Munsing
Peter N. Munsing
answered on Aug 24, 2016

Report it to the police, so at a minimum they can find out where the guy bought it from--if he did.

2 Answers | Asked in Social Security for California on
Q: Can i get a lump sum for my ssdi?

I have parkinsons and i want to spend the last of my life in the philipinas.

Robert Martin Louque Jr
Robert Martin Louque Jr
answered on Aug 20, 2016

If you are asking whether the SSA will give you a lump sum for future social security disability benefits, I have never heard of them doing such a thing because there is no way to know how much longer you will live. If you are in the process of trying to obtain benefits, you get a lump sum for... View More

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1 Answer | Asked in Civil Rights, Health Care Law and Social Security for California on
Q: can I get power of attorney over my 27 year old son?

he is mentally ill and not taking care of himself.

Sally A. Roberts
Sally A. Roberts
answered on Aug 16, 2016

Yes, you can. Consult with a probate attorney - you might need to be appointed as a guardian or conservator as well as get a power of attorney.

1 Answer | Asked in Social Security for California on
Q: How can my dad collect his SS retirement earned over 25 years of working in the U.S. even if he now resides in Mexico?
Andy Chen
Andy Chen
answered on Aug 13, 2016

You do not have to live in the US in order to collect SS retirement. Many retirees get their SS checks/deposits each month even though they live in another country. Some people retire to whatever country they grew up in while others (e.g. people born and raised in the US) purposely choose to live... View More

1 Answer | Asked in Social Security for California on
Q: How come there are not more class action lawsuits against the social security administration for systematic bias

It seems to be very common in most cases that (ALJ's) have unprofessional conduct they routinely violated the law and their duties. Systematically refused to follow the law, ignored evidence that supported benefits awards. Maybe more class action lawsuits will bring about a change and force... View More

Peter N. Munsing
Peter N. Munsing
answered on Aug 17, 2016

Very few judges are as you say.It's a human system so not everyone will be perfect, but administrative law judges go through rigorous selection and training, in addition to having had to have had a number of years of being a lawyer. Many people don't understand that to get Social Security... View More

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