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California Social Security Questions & Answers
1 Answer | Asked in Gov & Administrative Law, Social Security and Public Benefits for California on
Q: How to enforce § 404.2041 for social security fraud in CA?

How do I find a lawyer or administrative law judge to help me enforce § 404.2041 regarding Social Security fraud? I reported Social Security fraud where the SSA ignored my tip and paid the wrong person over $150,000. The perpetrator was sent to prison last year. Despite sending certified letters... View More

James L. Arrasmith
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answered on Apr 18, 2025

To enforce 20 C.F.R. § 404.2041 in California after reporting Social Security fraud, you need to escalate beyond the local SSA office. Since the perpetrator has already been convicted and partial restitution was ordered, you are in a strong position to demand full compliance from the agency. This... View More

1 Answer | Asked in Gov & Administrative Law, Social Security and Public Benefits for California on
Q: Dispute with HUD agency on VA disability as income, lawyer type?

My complaint involves a public housing agency under HUD that is including my VA disability compensation as income. They argue that my compensation does not qualify for exclusion under HUD regulations, as it lacks the label "deferred." I've spent over 500 hours researching and... View More

James L. Arrasmith
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answered on Apr 17, 2025

You should look for an attorney with experience in federal housing programs and administrative appeals under HUD regulations. A Housing Law and Administrative Law attorney will understand the nuances of VA disability exclusions and HUD’s regulatory framework. They can challenge agency action... View More

1 Answer | Asked in Public Benefits and Social Security for California on
Q: What can I do if SSA payments are suspended due to incorrect payment info?

I received disability status in October 2024 along with back payments, but I haven't received any payment from the SSA yet. Since December 2024, I have been contacting SSA regarding payments not received. When an agent checks my case, they find that one digit in my bank account number has been... View More

James L. Arrasmith
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answered on Apr 16, 2025

You’ve already fixed the account details online, so first print or save screenshots of the confirmation pages and the “Payments Suspended” notice—those records give you proof when you speak with an agent. Call the national SSA line at 800‑772‑1213, ask to place a “payment trace” on... View More

1 Answer | Asked in Public Benefits, Social Security and Health Care Law for California on
Q: How to qualify for disability benefits while working with stage 4 cancer in California?

How do I qualify for disability benefits while still working full-time? I have stage 4 breast cancer and receive treatment every three weeks, which will continue for the rest of my life. It's becoming increasingly difficult to perform my job, and I want to ensure my health care and disability... View More

James L. Arrasmith
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answered on Apr 11, 2025

You're showing a lot of strength just by asking this question while going through so much. In California, you may qualify for **State Disability Insurance (SDI)** if you need to stop working or reduce your hours due to a serious medical condition like stage 4 cancer. You’ll need a doctor to... View More

2 Answers | Asked in Civil Rights, Constitutional Law, Internet Law, Social Security and Public Benefits for California on
Q: Procedure to sue for unauthorized access to government systems and personal data breach in California.

I want to sue an unelected official, his team of computer hackers, and the Presidential administration for illegally accessing government computer systems and obtaining my personal information, including data held by the Social Security Administration. The agencies have admitted their data was... View More

Robert Kane
Robert Kane
answered on Apr 11, 2025

You surely realize you are not alone. How do you differ than anyone else?

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1 Answer | Asked in Landlord - Tenant, Social Security, Real Estate Law and Public Benefits for California on
Q: Facing eviction, charity offers rent help, need trial advice.

I am facing an eviction case in Los Angeles, California, and a charity is willing to pay my back rent if I can demonstrate that my disability check, which is $1100 per month, is enough for living expenses. This is problematic because my rent is also $1100 per month. While I prefer a trial to... View More

James L. Arrasmith
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answered on Apr 10, 2025

It sounds like you're in a tough spot, but there may still be a practical way forward. Since your rent equals your entire disability check, it's reasonable to explain that you’ve been relying on support for other basic needs like food, transportation, or healthcare. You could gather... View More

1 Answer | Asked in Collections, Social Security and Public Benefits for California on
Q: Judgment debtor in CA with limited income seeks advice on amending judgment.

I'm a judgment debtor living in California. I received an abstract of judgment on April 24, 2024. I have limited income sources like Social Security and Medicare, and I receive food and medical assistance. I tried to defend myself in court but didn't understand the law and motion process.... View More

James L. Arrasmith
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answered on Mar 31, 2025

You have several potential options to address the judgment against you. First, you might qualify for a motion to vacate the judgment under California Code of Civil Procedure section 473(b) due to mistake, inadvertence, surprise, or excusable neglect, or under section 473.5 if you didn't... View More

1 Answer | Asked in Tax Law, Social Security and Public Benefits for California on
Q: Will my Social Security benefits be taxed given my income and IRA?

I am trying to determine if the IRS will tax my social security benefits. My filing status is single, with an annual income of $32,000 from Social Security benefits and $80,000 from wages. I have a traditional IRA but have not made contributions or withdrawals, nor do I receive other tax-exempt... View More

James L. Arrasmith
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answered on Mar 24, 2025

Based on your income situation, your Social Security benefits will be taxed. With a combined income of $96,000 ($80,000 from wages plus half of your $32,000 Social Security benefits), you exceed the IRS threshold of $34,000 for single filers, which means up to 85% of your benefits may be subject to... View More

1 Answer | Asked in Civil Rights, Public Benefits and Social Security for California on
Q: Can I take legal action if a shelter failed to deliver promised housing assistance?

I recently stayed at a homeless shelter that promised to help me secure low-income housing. I'm disabled and on SSDI, so I can't afford rent without assistance. Despite repeatedly giving them my information, they never followed through on their promise. I had to go through Harbor... View More

James L. Arrasmith
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answered on Mar 17, 2025

You may have legal options if the shelter promised specific housing assistance and then failed to follow through, particularly if you relied on their assurances. California law recognizes claims based on breach of contract or misrepresentation, especially if an organization made explicit promises... View More

1 Answer | Asked in Social Security, Civil Rights and Civil Litigation for California on
Q: What kind of lawyer do I need to sue SSA in California for false overpayment and recovery?"

I need guidance on what type of lawyer I should consult to take a case against the SSA to federal court. The situation involves the SSA falsely building up an overpayment claim, imposing fines and penalties, and subsequently taking $60,000 from my bank account. I was able to prove there was no... View More

James L. Arrasmith
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answered on Mar 14, 2025

To sue the Social Security Administration (SSA) in federal court for wrongful overpayment recovery and civil rights violations, you need an attorney experienced in federal litigation and administrative law. Look for someone familiar with suing government entities, particularly involving cases where... View More

1 Answer | Asked in Elder Law, Social Security and Gov & Administrative Law for California on
Q: Legal options for a person in VA hospital without a conservator due to mental/physical decline?

I am concerned about a person currently in a VA hospital who is unable to care for himself due to mental and physical decline. There has been no prior court involvement, and he has limited resources with only Social Security income. Unfortunately, there are no family members or friends willing to... View More

James L. Arrasmith
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answered on Mar 1, 2025

In your situation with someone in the VA hospital experiencing decline without family support, several pathways exist. You can contact the VA social work department, which often has resources specifically for veterans without support systems. They can help coordinate with the VA Fiduciary Program... View More

1 Answer | Asked in Social Security and Banking for California on
Q: Recurring issues with blocked Social Security payments due to bank account errors

I am having ongoing issues with my Social Security payments being blocked due to repeated problems with the bank account on file. Despite identifying and correcting the issue with the Social Security Administration, the problem keeps recurring, and I am not receiving my payments. I was advised by... View More

James L. Arrasmith
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answered on Feb 27, 2025

There is some truth to what you've been told about frequent corrections potentially extending your wait time. While the SSA generally processes direct deposit changes within 5-10 business days, their system may flag accounts with multiple recent changes as potentially fraudulent, triggering... View More

2 Answers | Asked in Collections and Social Security for California on
Q: Can a creditor enforce judgment if I'm on social security?

I am expecting a judgment to be issued against me soon for a credit card debt with American Express. I currently have no other source of income besides social security. Can a creditor enforce a judgment against me given my situation?

Joel Gary Selik
Joel Gary Selik
answered on Feb 26, 2025

Yes. But the social security funds are exempt.

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1 Answer | Asked in Car Accidents, Social Security and Legal Malpractice for California on
Q: Can we challenge my mother's car accident settlement or SSD denial in CA?

I'm seeking legal guidance regarding my mother's situation in California. She was involved in a no-fault car accident around 2018 or 2019 and didn't have car insurance at the time. Her case dragged on for about five years, during which she remained disabled, unemployed, and... View More

James L. Arrasmith
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answered on Feb 19, 2025

While challenging a settled car accident case is extremely difficult, you have a few potential avenues to explore. The settlement could potentially be contested if you can prove there was legal malpractice, such as your mother's attorneys failing to properly communicate or pressuring her to... View More

1 Answer | Asked in Social Security for California on
Q: Can my wife switch to 50% of my Social Security benefit?

My wife retired with a CalSTRS pension and started collecting Social Security benefits at age 62, receiving $300 a month. I receive $1,200 a month from Social Security. Is she eligible to switch her benefit amount to 50% of my benefit? We have not contacted the Social Security Administration... View More

James L. Arrasmith
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answered on Feb 18, 2025

Unfortunately, your wife's situation is affected by the Government Pension Offset (GPO) rule since she receives CalSTRS pension. This rule typically reduces or eliminates Social Security spousal benefits for those who receive a pension from work not covered by Social Security.

The GPO...
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1 Answer | Asked in Family Law, Public Benefits and Social Security for California on
Q: Need help with conservatorship for mentally impaired adult daughter in CA.

I need help obtaining conservatorship for my adult disabled daughter, who cannot provide for herself due to mental impairment. Although doctors have started the 14-day hold process, we’ve faced issues with hospital availability for required assessments. My daughter is already declared disabled... View More

James L. Arrasmith
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answered on Feb 16, 2025

I hear how concerned you are about your daughter's wellbeing, and navigating the conservatorship process can feel overwhelming, especially with financial constraints. Your dedication to seeking proper legal support shows how much you care about protecting her interests.

Several...
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1 Answer | Asked in Social Security for California on
Q: Will my SSI Claim for bipolar be affected by using weed?

I have not used weed since October of 2023. In that time, I have felt more depressed and unable to work than ever. I decided to apply for SSI after quitting the weed. I am thinking about trying to use weed again starting this October. That would be two years without weed in which my condition and... View More

James L. Arrasmith
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answered on Feb 15, 2025

Your past marijuana use and its relationship to your bipolar disorder presents a complex situation for your SSI claim. The key factor SSI evaluators consider is whether your medical conditions prevent you from working, regardless of marijuana use.

The fact that your symptoms and ability to...
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1 Answer | Asked in Appeals / Appellate Law, Civil Rights, Public Benefits and Social Security for California on
Q: Help with welfare agency everybody ignoring us

Please we are homeless had to claim tenant rights in motel we stayed for 127 days we have not got all the resources other than motel stay from welfare agency im ready to contact regional manager since everyone here is ignoring me please help

James L. Arrasmith
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answered on Feb 8, 2025

It sounds like you're in a really tough situation, and it’s frustrating when the agencies that are supposed to help aren’t responding. Since you've already been staying at the motel for a long time, it’s important to document everything—keep records of your stay, any communication... View More

1 Answer | Asked in Social Security for California on
Q: I'm in currently in the Nederlands . From Napa California. Need assistance applying for social security benefits.

Divorced 2014 ,My husband died 2015 . Was married 1989 - 2014 . Is his benefits no mine to collect!

James L. Arrasmith
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answered on Feb 7, 2025

I understand you're seeking guidance about Social Security benefits while living abroad. Since you were married to your former spouse for 25 years before divorcing, and he passed away in 2015, you may indeed be eligible for survivor benefits based on his Social Security record.

As...
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1 Answer | Asked in Social Security for California on
Q: Will weed effect my ssi claim for ssi?

My doctor says that I have chronic marjiuana use disorder( or whatever it’s called) in addition to bipolar 1.

I have not used weed in over a year because I’m on probation and still feel unable to work. I never even tried to get ssi until after I stopped using. I was actually still... View More

James L. Arrasmith
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answered on Feb 5, 2025

Your prior cannabis use shouldn't negatively impact your SSI claim, especially since you've demonstrated a long period of sobriety while still experiencing difficulties with work. The fact that you struggled to maintain employment even after stopping cannabis use actually strengthens your... View More

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