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Arizona Social Security Questions & Answers
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 »

1 Answer | Asked in Juvenile Law and Social Security for Arizona on
Q: If I’m 17 and in Arizona and I run away to Chicago can my parents do anything about it?

Which state’s laws have the most jurisdiction in this situation? I know that in Illinois if a 17 year old voluntarily runs away the police will not force them home because It was voluntary, does that apply to this Scenario?

Kenneth Prigmore
Kenneth Prigmore answered on Jul 8, 2021

I am not an Arizona attorney. However, your question raises issues that you will need to consider for your personal safety and survival. It will take you a couple minutes to read, but it may save your life.

1- Be absolutely sure you need to leave home now. If your parents are causing you...
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1 Answer | Asked in Social Security for Arizona on
Q: Hello I am on SSDI and I was wondering if sweepstake prizes redemptions need to be reported to SSA? I'm under the......

......impression that they don't as it's unearned income. I'm just wondering if my assumption is correct just in case?

Kenneth Prigmore
Kenneth Prigmore answered on Mar 26, 2021

So there are two Social Security sources of disability income. Need based disability and prior income based disability. If your income is need based disability, (meaning you didn't have enough past work to qualify for income based disability) then any money is part of the calculation whether... Read more »

1 Answer | Asked in Social Security for Arizona on
Q: I’m receiving SSDI. I also have applied for disability in Canada. Can I receive both and would SS need to be notified?
Scott F Bocchio
Scott F Bocchio answered on Jun 30, 2020

Yes, you can receive both. You would have to notify SSA.

Scott Bocchio, Esq.

855-254-7841

1 Answer | Asked in Elder Law, Estate Planning and Social Security for Arizona on
Q: Hi, What limits exist on transferring a home to an SSI/SSA receipient without effecting benefits? Thanks
Susan Michele Schaefer
Susan Michele Schaefer answered on May 28, 2020

For SSI, countable resources are limited to $2,000 for an individual and $3,000 for a couple. However, Social Security does not count the home the SSI recepient lives in and the land it is on. Therefore, you could transfer the home to the SSI recipient without affecting benefits if he does not... Read more »

1 Answer | Asked in Social Security for Arizona on
Q: I live in AZ and collect SSI, my Wife collects SSDI, will her monthly payments effect my SSI payments, and if so, how
Steve Perrigo
Steve Perrigo answered on Apr 25, 2020

Yes, her income, including SSDI, will affect your check. The concept is known as "deeming" - as in some of her income will be deemed to you. There are several variables in the calculation, so you'll need to contact SSA for the exact amount. But typically, it will lower your SSI check.

1 Answer | Asked in Social Security for Arizona on
Q: SSI payment question

I collect SSI and recently got married, my wife collects SSDI will her payments effect my SSI payments and if so, what is the formula used for calculations?

Steve Perrigo
Steve Perrigo answered on Apr 25, 2020

Yes, her income, including SSDI, will affect your check. The concept is known as "deeming" - as in some of her income will be deemed to you. There are several variables in the calculation, so you'll need to contact SSA for the exact amount. But typically, it will lower your SSI check.

1 Answer | Asked in Social Security for Arizona on
Q: What does social security consider twelve consecutive months?

This concerns someone in prison on SSI. If she was arrested and put in jail on June 19, 2019 and will be released on May 23, 2020, is that considered 12 consectutive months and they would have to refile for SSI and start the process again?

Thank you.

Steve Perrigo
Steve Perrigo answered on Apr 25, 2020

I don't believe so, because the period of ineligibility starts July 2019, so I only count 11. Having said that, her SSI record will likely go into a terminated status and they'll have to start a new one, but that does not require a new medical decision. This should only involve a... Read more »

1 Answer | Asked in Social Security for Arizona on
Q: SSI payment question

I collect SSI and recently got married, my wife collects SSDI will her payments effect my SSI payments and if so, what is the formula used for calculations?

Steve Perrigo
Steve Perrigo answered on Apr 25, 2020

Yes, her income, including SSDI, will affect your check. The concept is known as "deeming" - as in some of her income will be deemed to you. There are several variables in the calculation, so you'll need to contact SSA for the exact amount. But typically, it will lower your SSI check.

2 Answers | Asked in Family Law and Social Security for Arizona on
Q: My wife (52 yrs. old) receives SSDI and lied to me about the backpay she received. I pay 90% of our bills. Is this lega

Is this legal? Last year she told me she received $25,000 which she promptly bought her a Cadillac Escalade but just saw her 2019 W2 she was hiding and her backpay was actually more than $49,000 after paying her lawyer and Medicare deduction. She completely kept me in the dark, even though I was... Read more »

Mike Branum
Mike Branum answered on Mar 26, 2020

I am not an expert on SSDI and would highly recommend you consult with such an expert before considering any legal action. The back pay, when it was awarded, may have been classified as separate property. The Caddy, however, may be community property particularly if you are both on the title. I am... Read more »

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1 Answer | Asked in Employment Discrimination, Employment Law, Personal Injury and Social Security for Arizona on
Q: I am without gainful employment with an unnoticed permanent total disability of a traumatic brain injury can I get help

Due to an industrial commission stipulation agreement the state of Arizona's benefits have been denied due to a false interpretation of the disability

Tim Akpinar
Tim Akpinar answered on Dec 7, 2019

I'm sorry for the impact this injury has had upon your life. You chose categories that make sense for injury/disability. But you mention the Industrial Commission of Arizona. If this involves an injury that occurred in the course of your employment, and you had a workers' compensation... Read more »

1 Answer | Asked in Social Security and Criminal Law for Arizona on
Q: I am the payee for my moms social security. I used money to stay off streets when homeless. SS found out.

Social security left mesg. Wanting to talk to me cause they are investigating this. The want me to call. Im scared.

K. Bryan Goodman
K. Bryan Goodman answered on Nov 1, 2019

The most important piece of advice in this situation is not to speak with the investigators without an attorney present. Do not think you can simply explain the situation or talk your way out of it. That will not happen. Best of luck!

1 Answer | Asked in Social Security for Arizona on
Q: I received fully favorable decision on my SSDI 6/19The judge agreed that I became disabled April15, 2016. I didn’t apply

For SSDI until Jan 3

2017. How far is my back pay? Are the rules correct that I can be paid only up to 12 months less the 5 month waiting period??

Don Antonio Fendon
Don Antonio Fendon answered on Jul 8, 2019

The claimant applying for Social Security Title II disability benefits can receive retroactive benefits for up to 12 months from the date of filing for disability. Since the claimant was found to be disabled on April 15, 2016, and he/she did not file until January 3, 2017, the Administration can... Read more »

1 Answer | Asked in Social Security, Consumer Law and Banking for Arizona on
Q: I am on social security disability my mother has been my payee i have noticed more and more money coming up short bills

Not being paid tried getting info about my account only to find outonly she has access to the account and only she can make any changes or access statements what can i do i am now homeless her and my brother just tell me i don't have any money left the only bill thats paid is a 33 dollar... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 5, 2019

If you have reason to suspect that the payee on your Social Security Disability account is either not giving you sufficient walk-around money to use, or is spending your benefits on things other than your living expenses you should contact the Social Security Administration; there is probably a... Read more »

1 Answer | Asked in Divorce, Family Law and Social Security for Arizona on
Q: How and what makes you qualification obtained alimony and Social Security benefits?

We have been married for 22 years, am I able to get any alimony from him? He is now 62 years old.

Randi Sirlin
Randi Sirlin answered on Aug 22, 2018

Your case is very fact based. Arizona used to have guidelines for payment of alimony (now called "spousal maintenance). When those guidelines were in place, and given what facts you have provided, you would have likely have qualified for "lifetime spousal maintenance.

Without...
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1 Answer | Asked in Civil Litigation and Social Security for Arizona on
Q: Can a Notice of Errata be used to correct for factual error by the opposing litigant in civil case in fed distr Court?
Joel Friedman
Joel Friedman answered on Apr 15, 2018

I do not accept clients with United States District Court civil cases. My practice is limited to representation of individuals with Arizona work injury claims

1 Answer | Asked in Social Security for Arizona on
Q: Was divorced after 20 years of marriage. Does my ex have to draw social security when he is retirement age?

If he decides to continue working after 65, is it possible for me to draw his social security before him. I'm 59 now and he's 58. I don't mind working till I'm 62 or 65 but I have osteoarthritis in my knees and was wondering how much longer I need to work?

Joel Friedman
Joel Friedman answered on Nov 12, 2017

This is the Social Security Administration page for you as a divorced spouse. You may be able to receive benefits before your ex-husband, but there is a reduction if you request them before your full retirement age. You should also look into disability payments for yourself, on your own work... Read more »

1 Answer | Asked in Social Security for Arizona on
Q: I am 62 and my wife 55. My wife needs 10 more credits to meet the 40 credit minimum for benefits. I want to retire now.

I am afraid my benefits will be affected if she works. Thank you.

Joel Friedman
Joel Friedman answered on Feb 23, 2017

Your wife's earned income should have no effect on your early retirement benefits. Your payments are only affected if you work and earn more than the exempt amount, which ranges from $16,920-$44,880 in 2017 (see below)

Benefits Withheld When Earnings Exceed Exempt Amounts

We...
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1 Answer | Asked in Social Security for Arizona on
Q: Can someone become a payee without the original payees permission on social securitg
Joel Friedman
Joel Friedman answered on Dec 21, 2016

The assignment of a payee is within the discretion of the SSA and there probably has to be a good reason to change. The original payee likely will be asked to respond to any concerns or complaints, but the ultimate decision is up to the agency

2 Answers | Asked in Appeals / Appellate Law and Social Security for Arizona on
Q: My SSDS appeal was remanded back to the local ALJ. I cannot get an atty, it seems, because the atty I had, withdrew.

He withdrew after I rec'd a denial decision from the ALJ hearing. I filed the appeal pro se. I rec'd the remand ltr. March, 2016. Why will no attorney take my case? The ALJ granted my attys motion to withdraw, and by doing so, has left me in a difficult, helpless, position. (reasons... Read more »

Peter N. Munsing
Peter N. Munsing answered on Nov 29, 2016

Suggest you look for members of the Arizona Trial Lawyers Assn who take Social Security cases. Is it something about your phone demeanor or lack of willingness to do some legwork yourself? Maybe it's your case? Your prior attorney should give you your medical records. You can ask the state... Read more »

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