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California Social Security Questions & Answers
1 Answer | Asked in Estate Planning, Probate and Social Security for California on
Q: I’m on SS disability. I qualify now for a zero co pay on of of my medications.

If I receive an inheritance from my Father passing will that disqualifie me ?

Richard Samuel Price
Richard Samuel Price answered on Jun 23, 2018

Generally, if you receive SSI, then you cannot have more than $2,000 of countable assets. So yes, ordinarily an inheritance would disqualify you for SSI... and Medi-Cal. It may be possible for the executor of your father's estate to create a special needs trust for you. Contact an attorney... Read more »

1 Answer | Asked in Consumer Law and Social Security for California on
Q: Is using a random SSN illegal?

I was wondering if using a random SSN illegal. I read a couple articles and it said that using a random SSN is not illegal but you have to use your real name. A couple months later, I saw another article and it said that a man was charged for using someone elses SSN. Which one is correct?

William John Light
William John Light answered on Jun 18, 2018

It could constitute mail fraud, wire fraud, etc.

1 Answer | Asked in Social Security for California on
Q: If I was denied SS a few years back, should I appeal or start over since it's been so long?

I was denied SS a few years ago in Texas. I have since moved to California and am receiving better healthcare treatment than in Tx. I have confirmed my diagnosises by my new doctor. With that, I want to appeal my denial asap.

Katherine Audrianna Roe
Katherine Audrianna Roe answered on Mar 18, 2018

If you received a denial a few years ago you will need to reapply for Social Security Disability benefits. The deadline to appeal a decision is 60 days (plus 5 for mailing) from the date on your denial letter. In certain circumstances you can re-open a prior claim, but most often it must be done... Read more »

1 Answer | Asked in Social Security for California on
Q: Would My Spouse Be Qualified For Ssi For Being An Alcoholic At The Age 30?

My Spouse Was A Hard Alcoholic, Hes 30 Years Old, Had Seizure And A Little Liver Problems. He's Also Dealing With Depression And Anxiety. He Takes Seroquel For His Mental Issues. Just Wanting To Know If He Qualifys For Social Security Benefits?

Katherine Audrianna Roe
Katherine Audrianna Roe answered on Mar 15, 2018

If your husband is unable to work due to his mental conditions (depression and anxiety) he should apply for Supplemental Security Income (SSI) benefits. Social Security considers you to be disabled if 1) You cannot do work that you did before; 2) You cannot adjust to other work because of your... Read more »

1 Answer | Asked in Social Security for California on
Q: My son is a retired Marine who sustained injury in Iraq been denied three time for Social Security disability benefit

has appeal every time he was denied

Katherine Audrianna Roe
Katherine Audrianna Roe answered on Mar 15, 2018

Your son should continue to appeal the denial. It's very common for claimants, including disabled veterans to be denied at the initial application and reconsideration levels. Your son's best chance for approval will likely be at the Administrative Hearing Level. I recommend that he... Read more »

1 Answer | Asked in Health Care Law, Elder Law, Public Benefits and Social Security for California on
Q: If my father is under the care of his brother who is not using his disability check correctly

My uncle is using his checks for personal use. I want to take him under my care but I am unable because they will not release information regarding his heath insurance or disability. I am his next of Kin, what steps can I take action in he is currently 6 hours away.

Priscilla Ann Madrid
Priscilla Ann Madrid answered on Jan 4, 2018

If you feel that your father is being financially abused by his brother the first step would be to file a report with adult protective services in your area. You may also want to file a petition for appointment of yourself as conservator of the person and estate of your father. Consult with an... Read more »

2 Answers | Asked in Personal Injury, Workers' Compensation and Social Security for California on
Q: i have oab or overactive bladder disorder, and terrible lower back pain do i qualify
Peter N. Munsing
Peter N. Munsing answered on Dec 19, 2017

qualify for.....you haven't said, so we can't help you.

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Q: My ex received welfare and I lived with him at the time. Social Services filed a case against me to be reimbursed.

Over the years I have also received aid from the county. I went to court years ago over this and I don't owe the money. The father never asked for or wanted $ thru the county. I have also gotten married and had a son who is now 18. My husband is now disabled and we are broke and homeless. My... Read more »

Louis George Fazzi
Louis George Fazzi answered on Aug 23, 2017

You need to file a claim with the California franchise tax board to receive your money back. Gather your evidence together to show that you were not receiving public aid at the time and that any income you had was your own, and that is what you were using to support yourself. If you were married... Read more »

1 Answer | Asked in Social Security for California on
Q: I was denied survivors benefits.

My wife passed away in 04,she was collecting social security at the time.I applied for survivors benefits and was denied.Aren'I entitled to at least a portion of what she paid into for 30 years? That was her hard earned money and for the government to keep it.Please advise,I am a retired... Read more »

Louis George Fazzi
Louis George Fazzi answered on May 23, 2017

You are entitled to survivors benefits if your spouse or ex has died. You all need a copy of your spouses death certificate, your marriage certificate, social Security numbers for you and your spouse.

I can't understand why you would possibly be denied survivors benefits unless you...
Read more »

1 Answer | Asked in Divorce, Probate and Social Security for California on
Q: How can I stop saying from stopping my SSI benefits because​ my husband is over his step dad's estate

My husband is over his step dad estate an account set up in a bank that still in probate however ssa found it and they stopped by benefits meantime I want a divorce immediately

Richard Samuel Price
Richard Samuel Price answered on May 3, 2017

I don't understand your facts or your question. I suggest that you contact an attorney for a full consultation.

1 Answer | Asked in Divorce, Probate and Social Security for California on
Q: How can I stop saying from stopping my SSI benefits because​ my husband is over his step dad's estate

My husband is over his step dad estate an account set up in a bank that still in probate however ssa found it and they stopped by benefits meantime I want a divorce immediately

Ray Choudhry
Ray Choudhry answered on May 2, 2017

SSA has income and asset guidelines for SSI.

They take into account household income and assets.

If you think they are wrong, you have a right to appeal.

To get a divorce you need to see a divorce lawyer.

1 Answer | Asked in Social Security and Workers' Compensation for California on
Q: Workers Comp Injury surgery in 2005, need second surgery, repetitive injury is it possible to file for social security ?

The P&R report stated I needed another surgery. At that time had used up all my disability and workers comp money and i got let go not too long after that. I have not been the same since then. Daily activities are harsh on my arm and hand. I have few gaps in employment because I dread the... Read more »

Nancy J. Wallace
Nancy J. Wallace answered on Apr 4, 2017

you may always file for Social Security Disability benefits, just keep in mind most are denied in the first application AND you need CURRENT Medical Evidence (not your observations, a medical doctor's written observations and diagnosis) to succeed in the Social Security Disability application... Read more »

1 Answer | Asked in Public Benefits, Social Security and Workers' Compensation for California on
Q: What does ssi offer for someone that receives a lump sum so they don't loose there ssi benefits?
Ruben Montoya
Ruben Montoya answered on Mar 9, 2017

Cannot really understand your question. If you are asking what does Social Security Indemnity offer for someone that receives a WC lump sum settlement the answer is nothing. If you want to know how to not lose SSI benefits when receiving a lump sum the answer is the hartman formula which based on... Read more »

1 Answer | Asked in Social Security for California on
Q: Are social security benefits protected from creditors?
Peter Anthony Bohan
Peter Anthony Bohan answered on Mar 2, 2017

SSDI/SSI benefits are generally protected from creditors. There are some exceptions such as money owed to federal government (unpaid taxes) or child support owed.

Here is a link to another response addressing Social Security funds and protection they have from creditors if direct deposit...
Read more »

1 Answer | Asked in Social Security for California on
Q: Can Social Security withhold the formula and the calculations to offset and used to calculate my benifits
Peter Anthony Bohan
Peter Anthony Bohan answered on Mar 2, 2017

If you are referring to how your Social Security retirement and disability amount is calculated, you can enroll online at:

https://www.ssa.gov/myaccount/

You will be able to see a detailed earnings record and description of how the benefit is calculated and if you disagree with it...
Read more »

1 Answer | Asked in Workers' Compensation and Social Security for California on
Q: I'm 37 years .disable .I receive SSA benefits but it is not enough for me and family. how much I can make a if I work

I mean if try to work how much money i can make year and not effect my SSA benefits

Nancy J. Wallace
Nancy J. Wallace answered on Feb 13, 2017

All the earnings questions are answered nicely by the Social Security Administration at https://www.ssa.gov/oact/cola/rtea.html .

1 Answer | Asked in Civil Rights, Landlord - Tenant and Social Security for California on
Q: Disabled tenant is withholding rent and retaliating my eviction notice because I ignored her requests for accommodation

The first time I denied her request for an accommodation, she asked to pay rent late because of her limited income, but I denied her because waiting three days would be an undue hardship on me. My son who is one of 4 tenants, feels uncomfortable living with a female roommate, so I asked her to sign... Read more »

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Feb 5, 2017

You may be in violation of federal fair housing laws re: accommodations for disabled tenants.

See: https://portal.hud.gov/hudportal/HUD?src=/program_offices/fair_housing_equal_opp/FHLaws/yourrights

More details are necessary to provide a professional analysis of your issue. The...
Read more »

1 Answer | Asked in Social Security for California on
Q: I'm unhappy with my monthly social security payout. Is it possibly to appeal it to try to get a higher sum?
Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Jan 18, 2017

See: https://www.ssa.gov/disabilityssi/appeal.html

The best first step is an Initial Consultation with an Attorney. You can read more about me on my law practice website. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any...
Read more »

1 Answer | Asked in Social Security for California on
Q: I have a bill that's going through collections. Can my creditor go after my social security payments?
Andy Chen
Andy Chen answered on Nov 13, 2016

No, but if you get your social security payments electronically deposited in to a bank account, it is possible the creditors may levy the account not knowing the money in it is from social security. If that levy happens, it is on you to contest the levy and inform the creditor that the money... Read more »

1 Answer | Asked in Social Security and Real Estate Law for California on
Q: Can you change title names on home while on SSI?
James Joseph Falcone
James Joseph Falcone answered on Oct 7, 2016

There is no restriction on changing title, but it may affect your SSI eligibility. You may need to consult with an attorney.

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