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California Social Security Questions & Answers
1 Answer | Asked in Divorce and Social Security for California on
Q: Hello. I was married a foreigner and applied for a green card. Okay e separated and I never followed up with immigration

Now I’m marring again and need to apply for green card for him . How do I know if my previous case is canceled or no

James L. Arrasmith
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James L. Arrasmith PRO label
answered on Sep 18, 2022

You should submit a public records request to USCIS. You may also call them or send them an email request.

1 Answer | Asked in Social Security for California on
Q: Who do I contact about retirement benefits?

My late uncle was awarded my great uncles retirement benefits and now his wife has my great uncles retirement benefits and we want to keep it in the family and she will not return it to is rightful lineage.

James L. Arrasmith
PREMIUM
James L. Arrasmith PRO label
answered on Aug 30, 2022

You should contact the benefits administrator about the benefits.

1 Answer | Asked in Social Security and Public Benefits for California on
Q: SSDI application declined

I've had submitted an on-line application for SSDI, but it was declined because I "have not worked long enough under SS". Even though my SS statement says that I have 40 work credits necessary for benefits, they apparently looked only at the last 10 years of taxable income.... Read more »

Susan Michele Schaefer
Susan Michele Schaefer
answered on Jun 16, 2022

To be eligible for SSDI disability benefits, you must meet BOTH a recent work test and a duration work test. The number of credits necessary to meet the recent work test depends on your age. In general, the rules are as follows:

Before age 24 - You may qualify if you have 6 credits earned...
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2 Answers | Asked in Employment Law, Personal Injury, Workers' Compensation and Social Security for California on
Q: Hello I've been suffering from anxiety and I get panic attacks. Can I qualify for disability and who can help me?

Hello I have 2 weeks without working and i work in construction and when I don't work due to anxiety I don't get benefits. I have 2 kids and my wife and I dont know what to do with this anxiety that doesn't let me work due to panic attacks. It all started almost 4 years ago when my... Read more »

Kelvin K. Lee
PREMIUM
Kelvin K. Lee
answered on Apr 11, 2022

Dear Sir,

You may be eligible for State Disability Insurance (SDI) from the California Employment Development Department (EDD) if you apply within 49 days of the date you were last able to work. It will pay a percentage of your salary for up to 12 months. You will have to initiate this...
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1 Answer | Asked in Social Security for California on
Q: my wife was been a homemaker and caregiver ,can she get s. s thru me if i'm still working with insurance

i'm 62 and my wife is 65

Stanley Dale Radtke
Stanley Dale Radtke
answered on Mar 9, 2022

The Social Security Website has some basic information about your question. Kindly take a look.

https://www.ssa.gov/benefits/retirement/planner/applying7.html

"Even if they have never worked under Social Security, your spouse may be eligible for benefits if they are at least 62...
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1 Answer | Asked in Social Security for California on
Q: My daughter 21 is not disabled, and my husband was 47 when he committed suicide. I have learned about widows benefits.

There’s nothing his family can do or with hold from me or take me to court for.

Elizabeth Fowler Lunn
PREMIUM
Elizabeth Fowler Lunn
answered on Feb 27, 2022

How his assets and debts are handled depend on the state law where he lived. You need to speak to an estate planning attorney to know what you may be responsible for in terms of his debts and whether you or your daughter would be entitled to any inheritance. These issues are not related to social... Read more »

1 Answer | Asked in Social Security for California on
Q: My husband just committed suicide his family wants me to sign over his SSI to our daughter 21, do I have to? Laws? Rule?

We married in 1998 separated in 2001 but never finalized the divorce. Word is our daughter is going to ask me to sign over his SSI, is this something that I need to get a lawyer for? Can his family require me to do so? Wouldn’t our daughter qualify for the Child SSI? Or is his SSI held because of... Read more »

Elizabeth Fowler Lunn
PREMIUM
Elizabeth Fowler Lunn
answered on Feb 27, 2022

There is no such thing as "signing over" SSI. If your husband was receiving Social Security disability or retirement benefits, those stopped with his death. If your adult daughter has been receiving benefits from his earnings record because she is disabled, those can continue. But no one... Read more »

5 Answers | Asked in Bankruptcy, Banking, Federal Crimes and Social Security for California on
Q: I ran a credit report and found out someone used my credit to get a car loan. What should I do? Any one that can help me

I have the name of the loan company that issued the loan to this stranger that stole my identity. Can I file a lawsuit?

I live in Rosemead any lawyer near me

Yelena Gurevich
Yelena Gurevich
answered on Feb 23, 2022

first, you need to file an identity theft report with the FTC (and maybe your local police station).

Then you send a dispute to each credit bureau with a copy of the police report and ask them to remove the entry on your credit report. See annualcreditreport.com for instruction. Make...
Read more »

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2 Answers | Asked in Family Law and Social Security for California on
Q: Is there any benefits that my 17 year old special needs child will qualify for once she "graduates" from her school

She has epilepsy and is developmentally delayed due to brain abnormality. I get paid through In Home Support Services for her full time care. Since she will never be able to work as an adult, can she still get disability benefits?

Scott F Bocchio
Scott F Bocchio
answered on Feb 17, 2022

It's worth calling into our SSDI department and speak with Adam Jeffery, Administrator 855-54-7841.

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1 Answer | Asked in Animal / Dog Law and Social Security for California on
Q: My Service dog in training was denied access to a clinic that I was going to for my social security evaluation.

receptionist stated that service dog is only for the blind and deaf. What can I do?

Susan Michele Schaefer
Susan Michele Schaefer
answered on Jan 23, 2022

A dog who is a trained service animal is permitted access under the Americans with Disabilities Act (ADA). Examples of service animal work include guiding people who are blind, alerting people who are deaf, pulling a wheelchair, alerting and protecting a person who is having a seizure, reminding a... Read more »

1 Answer | Asked in Social Security for California on
Q: If a spouse is the payee for Social Security disability can they use those funds to pay off personal debt, fines,etc?

My ex husband was the payee for my social security disability as well as additional benefits for our child. When we divorced I discovered he had spent $25,000.00 in back pay for personal debts, gave his mom $7,000 he owed in back rent from when I was not living with him plus jewelry and other gifts... Read more »

Susan Michele Schaefer
Susan Michele Schaefer
answered on Dec 12, 2021

Social Security law and regulations require a representative payee to use the Social Security payments they receive on the beneficiary's behalf for essential needs of the beneficiary.

Examples of benefits being properly disbursed are payments for food, housing, utilities, medical or...
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
PREMIUM
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 »

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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
PREMIUM
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 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
PREMIUM
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 Estate Planning, Tax Law and Social Security for California on
Q: I would like to shelter my lump-sum SSDI payment from further taxation. I am currently in an "uncollectible" status.

A lawyer friend suggested an irrevocable trust. Does that make sense?

Thank you,

Nina Whitehurst
PREMIUM
Nina Whitehurst
answered on Jul 17, 2021

It is not clear what “further taxation” concerns you. Is it income tax? Estate tax? Real property taxes? Something else? It could be that you yourself do not understand the taxation of SSDI benefits. You should consult with a tax advisor about that. Most likely you will not need any kind of... Read more »

2 Answers | Asked in Social Security for California on
Q: Does rental income count as earned income for social security work credits if owner managed the property personally?

I owned and personally managed and worked on the rental property.

Elizabeth Fowler Lunn
PREMIUM
Elizabeth Fowler Lunn
answered on Jun 22, 2021

Credits are earned when you work and pay Social Security taxes on the income. This is different than paying income tax. You should speak with a CPA or tax professional about making sure that you pay the tax. Those people are often trying to keep your tax bill as low as possible. You may not be... Read more »

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1 Answer | Asked in Social Security for California on
Q: When I applied for Disability on a duel application FOR benefits SSA determined me medically disabled and permanent SO

My question is then there is only one medical approval for either SSI OR SSDI WHEN I first applied and I was only given SSI BUT a few months later IRS AMENDED MY EARNINGS AND then I qualified for SSDI SO I don’t have to redo another medical review by DDS A SECOND TIME OR JUST A REOPENING because... Read more »

Cory Allison DeLellis
PREMIUM
Cory Allison DeLellis
answered on May 19, 2021

Good morning Clovis,

Social Security may review your disability status every year or so to make sure that you are still "disabled" under their rules. They generally do this by reviewing your medical records. If they see anything alarming in your medical records which may indicate...
Read more »

2 Answers | Asked in Estate Planning and Social Security for California on
Q: Mom is 78 and rec'v monthly Survivors Benefits from SS. She is a beneficiary for an IRA/401K. Will she lose her SS?

Her brother died, he was 75 and had no dependents. Mom is the next of Kin. She receives her deceased spouses SS Retirement benefits that started when she retired at 62. She was left to take care/close out his banking and found out he had a 401K and an IRA. She is a beneficiary on one and had to... Read more »

Nina Whitehurst
PREMIUM
Nina Whitehurst
answered on Apr 14, 2021

It depends a great deal on what kind of benefits she is receiving. If she truly is receiving Social Security survivor RETIREMENT benefits, then the inheritance will not impact her benefits eligibility at all. If she is receiving something else, like SSI, the inheritance would impact her benefits... Read more »

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1 Answer | Asked in Employment Law and Social Security for California on
Q: I need legal consultation regarding filing for permanent disability and drawing unemployment at the same time.

Should i severe from my employer? Im on leave. Disabled back and also on psyche meds. Employer cant place me in a seated position as doctor instructed due to several back problems. Employer says im eligible for unemployment because they cant meet Dr restrictions

Neil Pedersen
Neil Pedersen
answered on Mar 24, 2021

Your employer is wrong. If you cannot work, you do not qualify for unemployment insurance benefits. To get those benefits you need to certify that you are ready, willing and able to work full time and that you are actively seeking such employment.

You need to apply for State Disability...
Read more »

1 Answer | Asked in Elder Law and Social Security for California on
Q: Do I go to a County attorney to turn in elder abuse , neglect and miss use of retirement fund's

It looks to me as if he suffered during his death

Jeffrey Louis Gaffney
Jeffrey Louis Gaffney
answered on Jan 12, 2021

Start with Adult Protective Services. I have had great luck with them and they will refer it to the office it needs to go to.

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