......impression that they don't as it's unearned income. I'm just wondering if my assumption is correct just in case?
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 »
Yes, you can receive both. You would have to notify SSA.
Scott Bocchio, Esq.
855-254-7841
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 »
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.
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?
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.
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.
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 »
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?
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.
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 »
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 »
Due to an industrial commission stipulation agreement the state of Arizona's benefits have been denied due to a false interpretation of the disability
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 »
Social security left mesg. Wanting to talk to me cause they are investigating this. The want me to call. Im scared.
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!
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??
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 »
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 »
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 »
We have been married for 22 years, am I able to get any alimony from him? He is now 62 years old.
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... Read more »
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
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?
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 »
I am afraid my benefits will be affected if she works. Thank you.
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... Read more »
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
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 »
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 »
The context of this question is not clear.
Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your specific situation. It is impossible to evaluate a legal... Read more »
to myself, although I did speak English almost the entire time. do they have a translator/interpreter for my interview? As in do they review the recording with someone of my native language to translate what I said? There was no live interpreter during the interview itself.
I'm not sure what your goal is here or why you were speaking to yourself during an interview. A social security / disability lawyer should be able to assist.
Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general... Read more »
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.
