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New Jersey Social Security Questions & Answers
1 Answer | Asked in Social Security for New Jersey on
Q: Can I keep my maiden name on W-2 if my name on passport and SSA has changed

I have 2 last names as I recently added my husband’s last name to mine . So now my last name is composed of 2 last nabes without hyphen. Can I continue to use my maiden name first last name at work and hence on W-2? What’s the way to retain maiden name professionally?

James L. Arrasmith
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answered on Mar 25, 2024

If your name has legally changed and is updated on your passport and with the Social Security Administration (SSA), it is generally recommended to update your name at work to ensure consistency across all official documents and systems. This includes having your new name reflected on your W-2 form,... View More

1 Answer | Asked in Social Security for New Jersey on
Q: I did not know minor child could get social security when I did 3 years ago. Can I claim back pay?
James L. Arrasmith
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answered on Oct 15, 2023

If a parent or guardian realizes that a minor child was eligible for Social Security benefits and didn't claim them, they can potentially receive retroactive payments. The Social Security Administration (SSA) generally allows for up to six months of retroactive benefits from the date of... View More

2 Answers | Asked in Social Security and Family Law for New Jersey on
Q: my mom wont give me my birth certificate or social security card is this illegal?
T. Augustus Claus
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answered on Oct 3, 2023

In New Jersey, once you reach the age of 18, you have the legal right to possess your personal identification documents, such as your birth certificate and social security card. Withholding them may be seen as withholding personal property. However, circumstances can vary, and it might be helpful... View More

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3 Answers | Asked in Bankruptcy and Social Security for New Jersey on
Q: I filed a chapter 7 a few years ago with social security being a creditor for overpayments.I checked with social

security and the NJ bankruptcy court and neither could tell if my debt was discharged.I read social security is usually discharged in a Chapter 7 but how can I confirm it was.Social security was listed as a creditor>

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Aug 12, 2023

Invariably, ime, bankruptcy courts enter an Order of general discharge that says little other than that the debtor is discharged from all "dischargeable claims". It will not specify whether any debt to the Social Security fund, or anyone else, has been discharged.

Use of Pacer...
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1 Answer | Asked in Workers' Compensation and Social Security for New Jersey on
Q: NY WC § 16.1-c &16-5: would AWW - NYSAWW /10 be correct? 1945.83 - 1450.17 / 10 = 49.57 no offset per table 1 for yr2020

I need help figuring out the calculation for applying NY WCL Article 2 Section 16. If AWW (ACE) were 1945.83, and the NYSAWW were 1450.17, and disabled widow benefits (DWB) was 1896 per month, what would be the offset applied to the WC benefit? I understand that the combined total of WC and DWB... View More

James L. Arrasmith
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answered on Aug 6, 2023

For precise guidance on New York law, including the specific calculations and potential age-related changes to benefits, I strongly advise consulting with a legal professional who is knowledgeable in New York workers' compensation law.

Sincerely,

James L. Arrasmith...
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Q: What type of legal services would I need for an SSA IRMAA appeal administrative hearing?

I’m on permanent disability; I would like SSA to use my tax info from 2020 or 2022 as 2021 I only had high amount of taxable withdrawals from my dads Inherited IRA; used to purchase a low income affordable condo & pay taxes & additional money taken out in order to pay taxes etc. I... View More

James L. Arrasmith
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answered on Mar 4, 2023

To prepare for an SSA IRMAA appeal administrative hearing, you may want to consider seeking legal assistance from an attorney who specializes in Social Security law. They can help you present your case in the best way possible, and help you navigate the appeals process.

In addition, it may...
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1 Answer | Asked in Family Law, Child Custody, Child Support and Social Security for New Jersey on
Q: If judge determines no CS due to equal joint custody, can other parent be granted " turn over full SSD Auxiliay benefit

Judge said, "benefits follows the kid" & "is not child support." Ex makes WAAAAAAY more than I. I receive SSD & kid gets it on my disability. Plus, I am req to provide separate living space for kid. (Shared parent rule) BUT how can I afford room with out the benefit that... View More

Richard Diamond
Richard Diamond
answered on Jun 2, 2022

you need to schedule a consultation with a family law specialist to discuss the order entered by the court. I presume that you appeared pro se in connection with the entry of that court order and therefore a family law attorney needs to read the pleadings filed with the court, the court's... View More

1 Answer | Asked in Social Security for New Jersey on
Q: I am 66 and on Social Security, I get $11,000 a year and I live with my brother. Can he take me as a dependent ?

I am 66 and on Social Security and I receive $11,000 a year and I live with my brother. He takes me to my doctors appointments and I pay him for gas and help him pay the utilities and other bills. Since he helps me out and buys what I need can he take me as a dependent ?

Elizabeth Fowler Lunn
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answered on Feb 9, 2022

Whether you brother can claim you as a dependent on his tax returns Is something you should speak to a CPA or other tax professional about. Social Security doesn’t care about your tax status in this situation.

1 Answer | Asked in Social Security for New Jersey on
Q: I am on SSDI ( due to ms) and i'm in a irrevocable special needs trust with my brother who can't pass his portion to me

We are both equal ownership (inheridence from father who just died) but due to the fact he is involved with a bankruptcy which will not let him pass ownership to me. Do we have any options with out being forced to give up the condo(currently I am living there) at and have to move out? and can he... View More

Elizabeth Fowler Lunn
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answered on Aug 26, 2021

I’m sorry that your father has passed and your brother is in a difficult circumstance. His bankruptcy attorney can explain all of his options with regard to the trust. His attorney may also need to consult with a probate/estate planning attorney. Because the laws regarding the trust are state... View More

1 Answer | Asked in Social Security for New Jersey on
Q: I am having back surgery and Carpel Tunnel surgery on both hands and wrists. Can I claim SS Disability 62 yo

I work a very physical job lifting and hammering and I am 62 years old and it may be suspect If I can return to work doing that physical work again. Would I have a good chance of collecting DD Disability?

Susan Michele Schaefer
Susan Michele Schaefer
answered on Jul 13, 2021

Yes, you can apply for Social Security disability based on your impairments. When you apply, include all of your impairments, both physical and psychological. Also include symptoms, such as pain and include any side-effects from your medications. Social Security will consider all of these factors... View More

1 Answer | Asked in Social Security for New Jersey on
Q: My sister had child w/man & he immediately left her. My sister died & my niece was only 8. She received survivor ss

He married after my sister died. His children receive survivor benefits from my sister. My sister never met his children. How can this be? Social security took over $200 a month from my niece & split it with his 4 children he had with his wife. I don't understand how this can be. My sister... View More

Elizabeth Fowler Lunn
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answered on Apr 30, 2021

Since a birth certificate has to be supplied to prove parentage for a child to receive survivor's benefits, it is not likely that his other children are collecting a payment. The person that told you his children are collecting may just be incorrect. Your niece's legal guardian (if it is... View More

2 Answers | Asked in Family Law and Social Security for New Jersey on
Q: Can my parents kick me out at 17 if I have aspergers and they use me for income

I’m 17

Richard Diamond
Richard Diamond
answered on Mar 29, 2021

Obviously there are serious problems / conflict in your house that needs to be addressed. I would run an internet search on family crisis intervention programs in the county where you live in to find out what mental health services are available to you to help in dealing with the fight taking place... View More

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1 Answer | Asked in Employment Law and Social Security for New Jersey on
Q: Should I be concerned I am being discriminated against for being on disability

I am on Social Security Disability and I applied for a job at a local grocery store. I revealed this fact to the interviewer when I was called. I explained I could only work 19 hours due to Social Security. They said they for people who could work between 10-24 hours but they preferred 24 hours. So... View More

Elizabeth Fowler Lunn
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answered on Mar 28, 2021

They likely didn’t want to have to worry about how they scheduled you and might have been concerned about a possible worker’s comp claim. You’d likely have a hard time proving the didn’t hire you just because you are disabled.

However I’m concerned that you think there is a...
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1 Answer | Asked in Appeals / Appellate Law and Social Security for New Jersey on
Q: Appeal for Social Security Disability: Denied coverage. Need representation on contingency basis.

Unemployed benefits has expired and currently have no income. Have had anxiety and depression since a child (14 years old). I'm 36 years old

Elizabeth Fowler Lunn
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answered on Mar 15, 2021

I'm not in NJ but Social Security disability is a federal program so the rules are the same no matter what state you live in. If possible, I recommend hiring an attorney local to you that has a lot of experience in handling this type of case, particularly since you are younger. The good news... View More

1 Answer | Asked in Social Security for New Jersey on
Q: I am 28 years of age and currently work and collect SSDI due to my medical disability. I am looking into starting...

I am 28 years of age and currently work and collect SSDI due to my medical disability. I am looking into starting an online shirt business with print on demand. Due to my medical condition I have trouble holding a job. Would this effect my ssdi and my medicare benefits? Would I immediately lose my... View More

Susan Michele Schaefer
Susan Michele Schaefer
answered on Jun 2, 2020

You can do a limited amount of work and still get SSDI benefits and medicare.

Social Security Administration encourages work activity and there are special program rules and work incentives that help you try to return to work while still receiving monthly disability payments. Read the...
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4 Answers | Asked in Bankruptcy and Social Security for New Jersey on
Q: In New Jersey, will I be able to keep stimulus check 2020? I'm disabled on SSI and SSD and will be filing chapter 7.

I'm in the process of starting Chapter 7 and will be receiving help from nonprofit organization that provides legal services to low income individuals. I was assigned a lawyer but because of COVID-19 was not able to meet and give the packet of information they sent me to him. Another... View More

Leonard R. Boyer
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answered on Apr 11, 2020

No one here can provide a precise answer to your questions, and despite the COVID-19 pandemic you can still send your bankruptcy information packet to the attorney. Your bankruptcy cannot start until your attorney files the petition with the Court, which can be done electronically. Since you have... View More

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1 Answer | Asked in Social Security for New Jersey on
Q: Hi my wife is younger than me and on SSI disability. I am at full retirement age. Am I allowed to apply for spousal SSI

Spousal SSI and then delay taking my own SSI until a later date.

Jerry Lutkenhaus
Jerry Lutkenhaus
answered on Jun 18, 2019

I am afraid there is no spousal SSI which is a welfare program. If you are at full retirement age, then you can apply for your Social Security Retirement benefits.

1 Answer | Asked in Civil Rights, Constitutional Law, Consumer Law and Social Security for New Jersey on
Q: Can an elderly disabled women be evicted for having a caregiver stay with her and for feeding stray cats?

She has been living in the same senior complex for 23 years and has never had anything written against her. Now that my father passed a year ago she needs help so I am staying with her temporarily. I have been here since Aug 2018 and do plan to leave if my mother can get strong enough to stay alone.

Madeline Houston
Madeline Houston
answered on Mar 28, 2019

Based on the facts provided thus far it appears that your mother may well have rights under various federal and state laws regarding disabled persons that are being violated. More facts are needed to make a determination as to your mother's options. You should promptly contact an attorney... View More

1 Answer | Asked in Civil Rights and Social Security for New Jersey on
Q: My wife is chinese with "language learning" disability

we have been married since 2003 and she had her green card over 14 years ago.

is there anyway for her to get her US passport without the language test or using an attorney present etc.

she will be 65 this November.

appreciate any advise, paid or unpaid

Gary Kollin
Gary Kollin
answered on Aug 19, 2018

This neither civil rights nor social security. It is immigration.

If you are willing to spend money, then hire an immigration attorney. It appears there is a social security issue. Does a relatively small amount of money now reap a much larger amount later?

What is the monthly...
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2 Answers | Asked in Criminal Law, Traffic Tickets and Social Security for New Jersey on
Q: I'm on a probationary driving and I have 22 points up to date. I recently received a ticket for delaying traffic 39;456

Can u tell me if that holds and points. If so instead of paying the ticket do u think it's best to get a court date and plead not guilty? Thank u for help in advance. I truly appreciate it??

H. Scott Aalsberg
H. Scott Aalsberg
answered on May 11, 2018

It is a no MVC point ticket but your insurance company may still assess insurance eligibility points. With your record you may want to try the case and see if you can win.

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