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California Social Security Questions & Answers
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...
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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
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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... View 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... View 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...
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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
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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... View 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
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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... View 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
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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... View 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
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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... View 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
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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... View 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... View More

Cory Allison DeLellis
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...
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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... View More

Nina Whitehurst
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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... View 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...
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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.

2 Answers | Asked in Social Security for California on
Q: Can u rec ssi and work less than 20 HRS a month .

Due to the epidemic I applied for the epidemic assistance by the EDD . I was like a taxie giving rides. The web site says u can do that . Is that true.

Kenneth Prigmore
Kenneth Prigmore
answered on Dec 12, 2020

If SSA investigates you and thinks you can work, they will deny you. They don't need a specific rule to do it. That said, you can automatically be kicked out of the system if you earn too much in a month. It has nothing to do with how many hours you work. If you earn over $1,000 in a month,... View More

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2 Answers | Asked in Social Security for California on
Q: Social Security question.

'm mentally disabled since 18. I get social security. I'm 58. I saved 20,000 and want to buy gold in two 10,000 installments. I will have to deposit 9000 or so in my bank account twice. Most will be taken out the next day or so after I buy the gold. Should I worry about the temporary... View More

Kenneth Prigmore
Kenneth Prigmore
answered on Dec 4, 2020

Depending on what type of benefits you receive, keeping a savings may end your benefits. Need based benefits are tied to the $2,000 limit.

Other benefits are not tied to this limit. Call SSA and verify what sources your benefits come from and ask what limits apply to each benefit. You...
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2 Answers | Asked in Civil Rights and Social Security for California on
Q: mom recieves SSA and SSi and FS. She just recieved a 16,666.00 inheritence. How to legally keep w/out losing benefits

My mom is on SSI 163 month, SSA 513 month, part of legally separated hubs ssi 287 month and 153 in food stamps. Total ... She just recieved a cashiers check for 16,666.00 from my grandmas trust as she has passed away. Will my mom lose her benefits? How can we go around them legally so she can keep... View More

Kenneth Prigmore
Kenneth Prigmore
answered on Nov 3, 2020

If the funds had not been given to your mother, but instead had been given to a trust that could help her, that would have avoided losing benefits. She will lose the $163 a month need based funds. She will continue to get the work based benefits. If she does not report receiving the funds, this may... View More

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1 Answer | Asked in Social Security for California on
Q: On SSDI I want to start a GoFundMe acct. to help me move. What is the maximum I can collect without comprimising my SSDI
Susan Michele Schaefer
Susan Michele Schaefer
answered on Oct 7, 2020

Funds you receive from a GoFundMe or a similar type of fundraising account is considered by Social Security to be unearned income. Unearned income would not affect your SSDI benefits as there is no required limitation for it.

To maintain eligibility for SSI benefits, Medicaid, SNAP (food...
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1 Answer | Asked in Social Security for California on
Q: im receiving SSDI and awarded a workers comp settlement have a workers comp attorney,do i also need a SSDI attorney ?

my workers comp attorney didnt explain how my workers comp settlement would affect my SSDI benefits. i received letter from SSDI to provide settlement docs, so they can make adjustments to my ssdi payments.

Maurice Mandel II
Maurice Mandel II
answered on Jul 19, 2020

Yes, you need an SSDI attorney. It is a completely different system than for WC.

Justia disclaimers below, incorporated herein.

2 Answers | Asked in Social Security and Health Care Law for California on
Q: Is it Too late to Fix my Disability claim?

About a 2 years ago i was diagnosed with Lymphoma and applied for disability and hired a lawyer, due to an issue it got delayed about a year till this march/april. at the time from the way things were going i had assumed i would be right as rain and back to normal within a month from what the test... View More

Stanley Dale Radtke
Stanley Dale Radtke
answered on Jul 14, 2020

When you state that you "applied for disability," was that for State Disability Insurance, "SDI", or Social Security Disability Insurance "SSDI", or for Supplemental Security Income "SSI"?

If you are taking about SSDI, then you must have 40 units of...
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1 Answer | Asked in Social Security for California on
Q: My dad gets SSI, living alone. If my dad moves to my new 2nd home, paying rent to me, will his SSI remain the same?

My 83 year old dad receives SSI ($900/month) and lives in a subsidized senior apartment, paying rent of $300 per month (not sure whether he's in section 8). I'm thinking of buying a 2nd home soon and want him to live there by himself (he likes to as well), as it'll be nicer, but my... View More

Susan Michele Schaefer
Susan Michele Schaefer
answered on Jul 6, 2020

Your dad's living arrangement could affect his SSI, so care will need to be taken so that he continues to get his maximum amount of SSI benefits. With only a few precautions, what you and your dad are planning is a very doable arrangement.

Your dad can get the maxim SSI benefit if her...
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