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Virginia Social Security Questions & Answers
1 Answer | Asked in Social Security for Virginia on
Q: va repayment affect new spouse
James L. Arrasmith
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answered on Feb 22, 2024

When considering VA repayment affecting a new spouse, it's crucial to understand that your spouse's credit and financial obligations are separate from yours. If you incurred a VA loan repayment obligation before marriage, your spouse generally won't be directly responsible for that... View More

1 Answer | Asked in Social Security for Virginia on
Q: I have a joint account with my grandma. She's get ssi. Her son is mad I have it. Is her money my money? Technically?

I have a joint account with my grandma. She's in the nursing home. I also have poa too. But we share a joint bank account. I have used her ssi on a couple things but always pay her stuff first and what I use I put cash in a box towards her funeral so whatever money I use I'm putting cash... View More

Susan Michele Schaefer
Susan Michele Schaefer
answered on Aug 18, 2023

All the funds your grandma receives from SSI is all hers for basic subsistence and she must not have more than $2,000 in countable resources including savings to continue to be eligible. Technically, having power of attorney, or a joint bank account with the person who is receiving benefits is not... View More

1 Answer | Asked in Family Law, Child Support and Social Security for Virginia on
Q: I have a stepson whose father pays no child support because he is on ssi. is the child entitled to some of that ssi?
James L. Arrasmith
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answered on May 2, 2023

If the father of the stepson is receiving Supplemental Security Income (SSI) from the Social Security Administration (SSA), it is unlikely that the stepson would be entitled to any of that money directly. SSI is a needs-based program that provides cash assistance to people who are aged, blind, or... View More

1 Answer | Asked in Criminal Law and Social Security for Virginia on
Q: Can legally they take your disability if you are Incarcerated but have yet to be sentenced or found guilty
Susan Michele Schaefer
Susan Michele Schaefer
answered on Jan 31, 2021

Yes, Social Security generally does not pay Social Security and Supplemental Security Income (SSI) recipients during confinement for a crime in jail, prison or certain other public institutions. See, https://www.ssa.gov/pubs/EN-05-10133.pdf.

For SSI benefits, the law states that you cannot...
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1 Answer | Asked in Health Care Law and Social Security for Virginia on
Q: What should I do

I went into a nursing home right after hip surgery for less than a month. Well no one at social security office changed my address and now they are deducting a yrs worth out of my check because they claim I was in a nursing home a yr. I was in only for 24 days. So I told them well one agent... View More

Kenneth Prigmore
Kenneth Prigmore
answered on Nov 9, 2020

Keep talking to SSA. Attorneys frequently work out deals for payment, and later SSA changes things on them. In this case, it sounds like if you get paid for the missing year, your attorney might actually get more money. I would at least discuss the situation with your attorney to find out what they... View More

1 Answer | Asked in Social Security for Virginia on
Q: When the vocational expert at the alj hearing says you cant work on a full time basis, does that mean you are disabled?
Susan Michele Schaefer
Susan Michele Schaefer
answered on Sep 11, 2020

A vocational expert (VE) plays a significant role in a Social Security disability hearing. A VE is an expert witness who knows about job requirements and job availability in the current labor market. At the hearing before the Administrative Law Judge (ALJ), the VE will give his expert opinion in... View More

1 Answer | Asked in Estate Planning and Social Security for Virginia on
Q: My ex husband passed away and our kids have been receiving SS benefits through high school graduation.

I teach in a public school and am currently 53 and dating someone. Are there still benefits to be paid out to me from ex’s SS if my kids already got money? If so, would I have to wait until age 67 to receive? If I’ve worked steadily from age 21 is it even worth it for me to think about that... View More

Nina Whitehurst
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answered on Mar 19, 2020

The fact that your children drew benefits against your ex husband's earnings record will have no effect on your eventual ability to draw against his earnings record but you must have been married for at least 10 years, you can't draw until he starts drawing, and you can't draw until... View More

1 Answer | Asked in Social Security for Virginia on
Q: My boyfriend is going through a divorce can he lose his disability when property and money is divided

Will this make him lose his disability? Or how does he keep from losing his disability benefits? rental properties and other real estate has to be divided

Jerry Lutkenhaus
Jerry Lutkenhaus
answered on Sep 9, 2019

As a Virginia Social Security Disability lawyer, I can tell you this divorce should have no impact on his disability. However, he should verify this with his divorce lawyer.

1 Answer | Asked in Social Security for Virginia on
Q: SSDI asked for information to make a fully favorable decision on the record, after being denied, is that good news?

My husband was hurt on the job, July 2017 and has not worked since then. He is 58 years old now and worked in the coal mines, doing underground work. Signed up for ssdi in Dec 2017, was denied, we hired and attorney, reconsideration denied, appeal filed and we got this notice from ssdi. Then 2... View More

Jerry Lutkenhaus
Jerry Lutkenhaus
answered on Apr 8, 2019

Since he is over 55 with less than a high school education and he cannot do his prior work, he should have a great chance. I base this opinion on 35 years of Social Security Disability practice in the Richmond, Virginia area.

4 Answers | Asked in Criminal Law, Civil Litigation, Nursing Home Abuse and Social Security for Virginia on
Q: What's the best way for me to find an attorney to represent me in a fraud/wrongdoing case against me & a deceased party

I would be the plaintiff

I'm searching for an excellent trial attorney on a success fee basis

Extreme injustice done

This doesn't involve probate, it involves litigation

It involves social security disability money, breach of fiduciary duty, fraudulent... View More

Daniel P Leavitt
Daniel P Leavitt pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 30, 2019

If you're alleging someone was killed then the police and prosecutor would handle that on the criminal law side of your question.

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1 Answer | Asked in Insurance Defense, Landlord - Tenant, Public Benefits and Social Security for Virginia on
Q: Term life ins policy owner/beneficiary, effect me if I choose to rent subsidized apartment housing, State of Virginia.

I'm low income on SSD (not SSI), I can't afford market rent. I'm owner of & been paying on a Term Life $15,000 policy for 13 years on my ex & need the proceeds to pay off bills so I can maintain my regular monthly expenses. My concerns are that if I choose to rent subsidized... View More

F. Paul Maloof
F. Paul Maloof
answered on Jan 18, 2019

I regret that I do not handle insurance policy maters. Sorry.

3 Answers | Asked in DUI / DWI and Social Security for Virginia on
Q: Can I be charged with a dwi2 without being convicted of 1st dwi.
Stephen Patrick Pfeiffer
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Stephen Patrick Pfeiffer
answered on Mar 14, 2018

The previous conviction is essential in proving the second.

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2 Answers | Asked in Social Security for Virginia on
Q: What if we never hear from Social Security?

My husband has congestive heart failure. He was diagnosed in 2009, and could've filed for disability then (he met the criteria), but was only 37. He wanted to work if he could. This year his symptoms grew worse and he had to stop. We filed for disability in August, SS had his medical records... View More

F. Anthony Bullock
F. Anthony Bullock
answered on Dec 22, 2017

You can call the claims examiner for an update. Also, you can acquire attorney representation at the initial application level. You do not need to wait until you are denied.

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1 Answer | Asked in Criminal Law, Federal Crimes, Identity Theft and Social Security for Virginia on
Q: My mother opened a credit card in my name using my social security number. What can she do? Without pressing charges

I would prefer not to press charges. She is being uncooperative. What can I do.

Bryan J. Jones
Bryan J. Jones
answered on Dec 18, 2017

If you don't want to press charges, you can contact the credit card company and ask them to cancel the card and any transactions your mother ran on the card. You may be able to file a civil lawsuit against her, but you'd almost certainly have to pay an attorney a significant retainer and... View More

1 Answer | Asked in Employment Law, Personal Injury, Identity Theft and Social Security for Virginia on
Q: My social security number was shared to over 350 employees in an email without my knowledge or consent. What can I do?

I work for a federal government agency (Org A), while representing and employed through Org A, I assisted a separate federal government agency (Org B) on a project. For my contributions upon completion of the project, Org B gave me a small monetary award. After a long 2-year HR process between Org... View More

Beau  Correll
Beau Correll
answered on Jan 7, 2018

I'm very sorry that this happened. You should understand, though, that no matter how jarring or tortious an act may be that certain strict time limits apply. I believe that your factual scenario may touch upon two areas of the law - the first is state tort law and the second is federal... View More

1 Answer | Asked in Social Security for Virginia on
Q: I've been collecting my deceased husband's SS since retiring, but I will get more when I turn 70, right?

I turn 70 in March of 2018. I've been told that the amount will increase then. I would like to know the new amount to expect, so I can better plan.

Jerry Lutkenhaus
Jerry Lutkenhaus
answered on Nov 1, 2017

It is my understanding if you "delay" taking benefits until age 70 then you receive higher benefits. However, this does not appear to be your case since you did not "delay" taking benefits. You should of course check with your Social Security Office to make sure nothing higher... View More

1 Answer | Asked in Social Security for Virginia on
Q: i need help getting my ssi. can u help?

I've been denied 3 times now and need help.

Jerry Lutkenhaus
Jerry Lutkenhaus
answered on Sep 26, 2017

Your application for SSI or welfare disability is dependent on your age, your past work, your education and skills, your impairments, and the medical care you receive. Generally, if you are under age 50, you have to show you cannot do "any" job in the economy. You have to show you cannot... View More

1 Answer | Asked in Social Security for Virginia on
Q: can l get social security disability at the age of 55 when your spouse is still working and you have a savings account

If I qualify

Jerry Lutkenhaus
Jerry Lutkenhaus
answered on Jul 31, 2017

If you have a disability that precludes you from any gainful work based on your age, past work experience, and education then yes you can apply.

1 Answer | Asked in Social Security for Virginia on
Q: I have rheumatoid arthritis, carpal tunnel & disc disease. I am still working. Should I quit working? I have a IRA also.
Jerry Lutkenhaus
Jerry Lutkenhaus
answered on Mar 17, 2017

You did not say your age. However, it can be a struggle to get Social Security Disability. So if you can I would advise working as long as you can.

2 Answers | Asked in Child Support and Social Security for Virginia on
Q: In the state of Virginia can child support be deducted from a social security disability check
Matthew Lane Kreitzer
Matthew Lane Kreitzer
answered on Aug 22, 2016

Generally speaking, social security is offset by your child support payments. Talk with a Family Law attorney for more information.

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