Lawyers, Answer Questions  & Get Points Log In
Social Security Questions & Answers
0 Answers | Asked in Social Security for South Carolina on
Q: I sent important documents to Social Security office and have not received them back, what to do next?

I have spoken to at least 4 people who can't give me answers on where my documents are and I dropped them off at the Florence SC office in a big envelope with the address on it so they can send it back. I was not given an option to fax the information the person I spoke to told me to drop it... Read more »

1 Answer | Asked in Social Security for Texas on
Q: On SSDI r/t stroke-2020. If income from p/t work put in 401k entirely (taxable income 0) does it jeopardize my SSDI?

MD would not release me for f/t work. Am RN.

Neuropsychiatrist eval established disability.

58 yo white female.

Offered PART-TIME transcription work (16 hr/wk).

Would be <1260/month.

Can't lose SSDI. Would this jeopardize it?

Elizabeth Fowler Lunn
Elizabeth Fowler Lunn answered on Sep 21, 2021

Part-time work can be considered substantial gainful employment by the Social Security Administration. It makes no difference that you would be putting the money into a retirement account. SSA rules would still classify this as income and would need to be reported to SSA even if it is not taxable... Read more »

1 Answer | Asked in Social Security for Texas on
Q: On SSDI r/t stroke-2020. If I'm paid salary that's all put into retirement acct is it still reported to SSA as income?

Can it disqualify me from receiving benefits?

Kenneth Prigmore
Kenneth Prigmore answered on Sep 20, 2021

The SSA Disability determination will be based on your ability to show up and do full time work. Your actual income has little to do with the equation. Sometimes there are exceptions based on you getting paid more than you are able to earn due to a generous employer that is aware of your... Read more »

1 Answer | Asked in Social Security for Arizona on
Q: IF I AM SUED CAN THE TAKE MY social security
Susan Michele Schaefer
Susan Michele Schaefer answered on Sep 20, 2021

Your Social Security benefits can only be garnished for unpaid Federal taxes, delinquent non-tax debts owed to other federal agencies, unpaid child support and alimony, and any court ordered victims restitution. Social Security benefits are protected from garnishment when it comes to private debt ,... Read more »

0 Answers | Asked in Social Security for Arkansas on
Q: I filed survivors benefits due to my son being disabled am I eligible for retroactive payments.due to them delaying

My son filed for disability October 2019 they finally decided he was disabled august of 2021 Wich he received back payment do to his father deceased he was able to claim of him and now he was approved and lived in my house and I took care of him I filed survivors benefits am I eligible for... Read more »

0 Answers | Asked in Family Law and Social Security for California on
Q: Do I have to change visitation if my ex husbands work schedule changes?

My ex husband is a Correctional Officer and currently his visitation is from Wednesday 430pm-Friday 730pm. Not only is he saying his days are changing, but he wants to change his hours too. The court order states our original agreement of Tuesday-Thursday but we had to change because his hours... Read more »

0 Answers | Asked in Estate Planning, Domestic Violence, Elder Law and Social Security for Mississippi on
Q: What do I need to do to help protect my dad's estate while he is in a nursing home

My dad's wife gave her son (not biological son to dad) my dad's house and land but he is still alive in a nursing home. He would never allow this to happen but she is stopping me and my brother (dad 2 biological child) from contacting him.we are afraid the wife and son hurt him severely... Read more »

0 Answers | Asked in Social Security for California on
Q: Can total benefits diminish by adding a foreign pension?

Hello, I am trying to help an elderly friend with a concern about her Social Security and SSI benefits, both of which she current receives. She has dual US and Canadian citizenship. She believes she is eligible for the Canadian Old Age Security pension but she has never applied. She is concerned... Read more »

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
Elizabeth Fowler Lunn 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... Read more »

View More Answers

1 Answer | Asked in Banking, Collections, Identity Theft and Social Security for Nevada on
Q: Credit report account made but not by me?

So I go to credit karma to make acc. They tell me a acc already made with a email. And told me what email. My biological fathers. And so on. Apparently goes on it everyday? Why? My credit. I’m 25. I am mentally disable. Growing up. I guess as a aunt said. He used me for debt. Wells Fargo credit... Read more »

Susan Michele Schaefer
Susan Michele Schaefer answered on Aug 30, 2021

If someone has misused your Social Security number or other personal information to create credit or other problems for you, then you need to take action right away. Go to IdentityTheft.gov - it is a website managed by the Federal Trade Commission (FTC) - and they will help you with a recovery... Read more »

1 Answer | Asked in Appeals / Appellate Law and Social Security for Oregon on
Q: I need help filling an appeal with social security. There are several reasons they said they denied that were false,

They have Drs I never seen saying I can do things I can not do,

They disagree because I did not stay over night just treated and release for

for COPD and chronic bronchitis, (I have most meds at home to help)

I am now using a walker most of time but can use my cane for... Read more »

Susan Michele Schaefer
Susan Michele Schaefer answered on Aug 26, 2021

I am sorry to hear that Social Security denied your disability claim.

You have 60 days to appeal this decision. Make sure that you file the appeal timely, even if you are still looking for someone to help you with your claim.

You should consult with a disability attorney right...
Read more »

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
Elizabeth Fowler Lunn 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... Read more »

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... Read more »

Elizabeth Fowler Lunn
Elizabeth Fowler Lunn 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... Read more »

2 Answers | Asked in Family Law and Social Security for Oklahoma on
Q: I am 18 years old and I want to change my last name to my birth dad's last name he died when I was seven what do I do

My grandpa who was his dad said I could and if need to we could do a DNA test with me and him but it's a complicated situation because my dad died when I was seven and I have no records of him except pictures when I was little and he signed in as my dad when I was born but never put on my... Read more »

Kenneth Prigmore
Kenneth Prigmore answered on Aug 18, 2021

I do not practice in Oklahoma, but your question appeared in my email today. Most attorneys will talk to you for free to see if they can help you. I recommend doing a google search for "oklahoma name change attorney". This will give you the contact info for several attorneys that... Read more »

View More Answers

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
Elizabeth Fowler Lunn 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... Read more »

1 Answer | Asked in Social Security for Tennessee on
Q: My son got diagnosed with Combined ADHD. ODD. Anxiety. and Conduct Disorder. Does he qualify for SSI?

I had to quit my job in June. He got kicked out of two day cares because of being extremely violent towards other kids and staff. He choked a kid at Boys and Girls Club and broke a kids eye glasses. He was also hitting. He is very violent towards others. We are currently doing regular check ups... Read more »

Susan Michele Schaefer
Susan Michele Schaefer answered on Aug 4, 2021

You are so right to explore whether your son could qualify for child SSI.

SSI is a needs-based program, so there are limited income and resource requirements. Disability underChild SSI is defined as the child having physical or psychological impairment(s) that very seriously limits his...
Read more »

1 Answer | Asked in Social Security for Rhode Island on
Q: My father died, I am an unmarried only child that is on disability, can I claim survivors benefits ?
Elizabeth Fowler Lunn
Elizabeth Fowler Lunn answered on Aug 2, 2021

You cannot get survivors benefits because you are an adult. If you became disabled prior to age 22 and have never been married you can file for Disabled Adult Child benefits.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.