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Michigan Social Security Questions & Answers
1 Answer | Asked in Civil Litigation and Social Security for Michigan on
Q: Claimant retired at 48 with 120+ work credits. What qualifies as permanent fully insured & does it ever expire?

Claimant worked 30 yrs as a skills trade journeymen & retired in Aug 2008 at age 48. In Nov 2008, claimant was admitted for heart failure & received a heart implant Feb 2009. Claimant tried limited subcontracting for his wife's company, but applied for SSDI Nov 2014 under medical... View More

James L. Arrasmith
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answered on Jun 15, 2024

To be permanently fully insured for Social Security Disability Insurance (SSDI), the claimant must have earned a sufficient number of work credits, which he did by working 30 years. However, SSDI eligibility also depends on whether the claimant is still insured on the date they become disabled. In... View More

1 Answer | Asked in Social Security for Michigan on
Q: Does a special needs trust impact my ssi and medicaid in michigan?
James L. Arrasmith
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answered on Jun 2, 2024

A special needs trust can help you maintain your eligibility for SSI and Medicaid in Michigan. This type of trust is designed to hold and manage assets for your benefit without affecting your qualification for these essential government programs. By placing assets into a special needs trust, the... View More

1 Answer | Asked in Family Law and Social Security for Michigan on
Q: My mother passed away and her husband of less than 5 years recieved her Social Security. is that legal?
James L. Arrasmith
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answered on May 27, 2024

I'm sorry for your loss. The legality of a surviving spouse receiving Social Security benefits depends on several factors. Here's some general information, but please note that individual circumstances may vary:

1. Marriage duration: If your mother was married to her husband for...
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1 Answer | Asked in Social Security, Employment Law and Public Benefits for Michigan on
Q: I have questions about working on social sercurty

I started working and I am geting all kinds of wrong info, am i allowed to work on full disabilty,and at what point will that stop me from getting it

James L. Arrasmith
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answered on Apr 13, 2024

If you are receiving Social Security Disability Insurance (SSDI) benefits, you are allowed to work, but there are certain rules and limitations you need to be aware of to maintain your eligibility:

1. Trial Work Period (TWP): You can test your ability to work for at least nine months....
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1 Answer | Asked in Social Security for Michigan on
Q: I'm having issues with dhhs that I'm not sure I should be having so I need to know if my ssidisib8lity case was worded
James L. Arrasmith
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answered on Mar 8, 2024

If you're experiencing difficulties with the Department of Health and Human Services (DHHS) related to your Social Security Disability Insurance (SSDI) case, it might be due to how your case was presented or documented. The wording and documentation of your disability claim are critical... View More

Q: Is this eligibility requirement compliant with the legislation in question?

MCL 400.106a authorizes a medicaid program for working disabled. To be eligible applicants must have been “found to be disabled under the federal supplemental security income program or the social security disability income program; or would be found to be disabled except for earnings in excess... View More

James L. Arrasmith
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answered on Mar 4, 2024

The eligibility requirement set forth by the Michigan Department of Health and Human Services (MDHHS) appears to align with the legislation outlined in MCL 400.106a. This law permits a Medicaid program specifically designed for the working disabled, indicating that applicants must meet certain... View More

1 Answer | Asked in Social Security for Michigan on
Q: Does ssi benefits have to be returned if loved one dies days after getting paid?
James L. Arrasmith
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answered on Jan 1, 2024

When a recipient of Supplemental Security Income (SSI) benefits passes away, the situation regarding the return of benefits depends on the timing of their death in relation to the benefit payment date. SSI benefits are paid to cover the month in which they're received. For instance, benefits... View More

1 Answer | Asked in Social Security for Michigan on
Q: Social Security wont allow my wifes part B medicare to take effect until I prove that she had health coverage in 2012.

My wife is 11 years older than me and we have been married for 35 years. She has always been covered by healthcare insurance that I have paid for from employers that I have worked for.

Now Social Security refuses to allow her Part B Medicare until she can prove that she had coverage in 2012... View More

James L. Arrasmith
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answered on Dec 17, 2023

Here are a few options to try to resolve this with Social Security for your wife's Medicare Part B:

1. Contact your former employer’s HR again, escalating to higher levels if needed. Explain it is vital they verify your wife's 2012 coverage. Check if they outsourced record...
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2 Answers | Asked in Public Benefits and Social Security for Michigan on
Q: How can somebody be prosecuted for an overpayment for the social security and the overpayment has been repaid

Social security overpayment has been repaid in 2016 but I was indicted this year for theft of government property

Brent T. Geers
Brent T. Geers
answered on Sep 19, 2023

As non-sensical as it may seem, repayment does not preclude criminal charges.

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2 Answers | Asked in Social Security for Michigan on
Q: i want to marry my fiancé but he is going to prison i want to know if it will affect my SSI income?

im worried that my money will be taken for his fine and fees in there

T. Augustus Claus
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answered on Sep 11, 2023

In Michigan, marrying your fiancé who is going to prison should not directly impact your Supplemental Security Income (SSI) eligibility or payments. SSI primarily considers the recipient's individual income and resources, not their spouse's legal situation. However, it's essential... View More

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2 Answers | Asked in Estate Planning, Probate, Social Security and Public Benefits for Michigan on
Q: Sister is abusing position as Trustee of Family Trust. Can adult brother receiving SSD be named successor Trustee?

Adult sister and brother are sole beneficiaries of Trust set up by now deceased parents.

Sister has ignored brother's requests for accounting, bank statements or fund disbursements, hasn't filed taxes since she became Trustee a few yrs ago, is allowing her children to use Trust... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Aug 7, 2023

The brother isn't 'disqualified' from being a trustee because of his status on Social Security Disability for a physical condition, but some federal benefits (specifically SSI which it sounds like may not be involved here, but I'd want to be extra sure!) may be impacted by his... View More

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1 Answer | Asked in Social Security for Michigan on
Q: How can I qualify for ssd, if I can’t sit thru psychiatric evaluation without getting commited.
James L. Arrasmith
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answered on Mar 4, 2023

If you are unable to sit through a psychiatric evaluation without being admitted, it may be helpful to discuss this with your doctor or mental health provider. They may be able to provide you with accommodations or suggest alternatives, such as scheduling the evaluation at a time of day when you... View More

1 Answer | Asked in Health Care Law and Social Security for Michigan on
Q: How can I qualify for ssd, if I can’t sit thru psychiatric evaluation without being admitted?
James L. Arrasmith
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answered on Mar 4, 2023

If you are unable to sit through a psychiatric evaluation without being admitted, it may be helpful to discuss this with your doctor or mental health provider. They may be able to provide you with accommodations or suggest alternatives, such as scheduling the evaluation at a time of day when you... View More

1 Answer | Asked in Family Law and Social Security for Michigan on
Q: If I take temporary guardianship of a child whose parent gets disability payments for him do they transfer to me?

My daughter wants my wife and I to take temporary guardianship of her son because she doesn't have the resources to take care of him. She currently gets 850 a month for him in disability. If my wife and I take temporary guardianship of him, will the payments go to us for his care or stay... View More

Brent T. Geers
Brent T. Geers
answered on Nov 10, 2022

If done legally, you would be entitled to child support from both parents in an amount to be determined.

1 Answer | Asked in Social Security for Michigan on
Q: Can you fire your social security lawyer before you get approved for funds

I am sure I'm getting approved they are asking for kids birth certificates to calculate the amount can I fire my lawyer before I get paid off

Brent T. Geers
Brent T. Geers
answered on Oct 7, 2022

Perhaps, but if you think that's going to net you a bigger back-pay amount in your pocket, you'll need to refer to the retainer agreement you signed. Likely, your attorney will still get his or her fee.

1 Answer | Asked in Child Support, Social Security and Criminal Law for Michigan on
Q: The amount of rerages owed is 64,000 and the judge is not being in my favor at all. What can i do? Please ?

Is there anything I can do or submit in advance, the court appointed lawyer i have does not submit or express my case in my favor, or my request.

Brent T. Geers
Brent T. Geers
answered on Aug 25, 2022

The judge's job is not to be in your favor. The only person "in your favor" is your attorney, and he or she must adhere to court rules, case law, statutes, ethics, and rules of evidence while being in your favor. If you have plead and are awaiting sentencing, then now is the time to... View More

1 Answer | Asked in Family Law and Social Security for Michigan on
Q: court says the file is closed on conservatorship....the woman that was it, say she is only payee. who is trustee then?

son had conservator for special needs trust which i set up when he was 17 ( he's now 36). I got guardianship back and when I petitioned in 2020. I petitioned to be conservator this year, but the court said the case is closed?! Woman that was his guardian/conservator says she is now only his... View More

Brent T. Geers
Brent T. Geers
answered on Aug 3, 2022

Sounds like the conservatorship may have been in place because of your son's age at the time (under 18). At some point, it was closed because 1) he was over 18, and 2) his only source of income became his SSDI, for which a payee serves the same purpose as a conservator.

If you were...
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1 Answer | Asked in Child Custody, Divorce and Social Security for Michigan on
Q: Who gets kids part of one spouses SSD, if getting divorced?

Husband suffered from mental health, can not drive, severe memory loss.

Brent T. Geers
Brent T. Geers
answered on Aug 1, 2022

Most often, it would be to the parent with primary custody / recipient of child support, in lieu of a calculated support amount.

1 Answer | Asked in Family Law and Social Security for Michigan on
Q: If I am married, but my spouse left me 22 years ago. We are both retired.He has a pension and receives social security.

Do I have any legal claim to his benefits.

Brent T. Geers
Brent T. Geers
answered on Mar 31, 2022

Quite likely. You are married until you are not. Living apart and hoping the marriage goes away does not work.

1 Answer | Asked in Contracts and Social Security for Michigan on
Q: Can you get a background check without a SS #?

I want my church to do the background check but I don’t want to give them my Social Security number. Can they do a background check without me giving them my SS #?

Brent T. Geers
Brent T. Geers
answered on Dec 23, 2021

Depends on what type of background check they want to do. You may, of course, decline to give your SS#; the church may then elect not to do the background check or offer you the position you are seeking.

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