Ask a Question

Get free answers to your Social Security legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
California Social Security Questions & Answers
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...
View More

1 Answer | Asked in Social Security for California on
Q: I was diagnosed with diastolic congestive heart failure i cannot work. Am i eligible for ssi?do i need a lawyer?
Susan Michele Schaefer
Susan Michele Schaefer
answered on Jul 3, 2020

I strongly recommend that you consult with a disability lawyer as soon as possible since you have a severe medical condition. Most disability lawyers have free consultations and will be able to discuss with you the financial requirements you have to meet for SSI and the medical requirements to get... View More

1 Answer | Asked in Social Security for California on
Q: Can / Should I apply for SSDI while collecting unemployment?

Presently I am receiving unemployment benefits due to COVID-19 loss of business, and later will want to apply for SSDI.

My question- should I collect as much as possible in unemployment and only then apply for SSDI, or I can apply for SSDI now, while collecting unemployment?... View More

Neil Pedersen
Neil Pedersen
answered on Jul 3, 2020

It takes a great deal of time, and it is not easy to qualify for, SSDI benefits. To get unemployment insurance benefits you need to certify that you are ready, willing and able to work full time, and that you are seeking full time employment. To qualify for SSDI benefits you need to establish... View More

1 Answer | Asked in Public Benefits, Social Security and Medical Malpractice for California on
Q: My Doctors&Clinic kept inaccurate records & have altered them to avoid dealing with a complaint. Is this malpractice?

I can prove they altered them. The result has been denial for SSDI benefits and a severe deterioration in my quality of life and has endangered my overall health permanently. I don't know what to do to fix this?

William John Light
William John Light
answered on Jun 23, 2020

It might be a HIPAA complaint, but damages are not available for that under the statute.

It might be Negligent Interference with Prospective Economic Advantage, but it's unclear that there would be enough money at stake to justify this type of claim.

Also, I don't know...
View More

1 Answer | Asked in Family Law, Divorce and Social Security for California on
Q: If I file a legal separation andcmy husband receives SSI benefits, can I receive some of his Income?

I have been married 23 years.

Mike Darlington
Mike Darlington
answered on Jun 10, 2020

Social Security benefits are governed by Federal Law and are not part of California divorce proceedings. The law is very clear on your rights as regard what you are entitled to and how to go about getting it.

If you end up being able to draw under your husband's social security...
View More

1 Answer | Asked in Immigration Law and Social Security for California on
Q: Mothers maiden name on birth certificate doesn't match name declared when coming to US as refugee. Can I get soc securiy

I am a citizen, and I want to apply for social security. But I am worried about this information not matching and getting myself and my family in trouble.

Kevin L Dixler
Kevin L Dixler
answered on Jun 9, 2020

The issue is your name, not your mom's name, because you are registering for Social Security. If your mom pretended to be someone else, then that is a completely different issue. It should not affect you if you were born in the United States.

If your mother has concerns, then she...
View More

1 Answer | Asked in Family Law, Juvenile Law and Social Security for California on
Q: can my father refuse to give me my social security benefits until I’m 18 even though he kicked me out?

months ago I was kicked out,my father didn’t really care but I didn’t tell them where I was going so my fathers sister reported me missing. I still had the missing person report even though everyone including my dad knew where i was at. we got that resolved and both of them stated it was fine... View More

Mike Darlington
Mike Darlington
answered on May 25, 2020

Call or get online with the Social Security Administration; explain the situation to them and they will head you down the right path. May be a slow process but just take one step at a time and don't lose your patience.

2 Answers | Asked in Public Benefits and Social Security for California on
Q: Applying for SSDI after receiving Unemployment assistance?

I have a progressing illness which qualifies me for SSDI.

Now I lost my job because of COVID-19.

I am planning to collect my unemployment now and then, if no luck finding a job that I can do (if any), I will apply for SSDI.

My question: Can (will) the fact of me receiving... View More

Nancy J. Wallace
Nancy J. Wallace
answered on May 14, 2020

EDD has Unemployment Insurance or State Disability Insurance (SDI). Self employed do not get UI. Self employed do not get SDI (it's a deduction on workers checks ). Social Security Disability ftom the Federal govt is a possibility. But it requires doctors writing you cannot work, and it... View More

View More Answers

1 Answer | Asked in Public Benefits and Social Security for California on
Q: Receiving Government relief and Unemployment while applying for Disability?

I am in the process of filing for SSDI in CA which coincidentally happens during the ongoing COVID19

Following announcements I have filed for temporary relief and unemployment insurance- just as the Governor said.

The condition of applying for SSDI is absolutely no income from any... View More

Neil Pedersen
Neil Pedersen
answered on May 12, 2020

To get SSDI you need to certify that you are physically or mentally incapable of performing work. To get unemployment insurance benefits you need to certify that you are ready willing and able to work full time and that you are seeking full time employment. The two are mutually exclusive. If you... View More

1 Answer | Asked in Insurance Bad Faith, Public Benefits and Social Security for California on
Q: I was paid short term disability but now ins. co. sys they made a mistake. Do I have to pay them back?
Neil Pedersen
Neil Pedersen
answered on Apr 27, 2020

There is no way anyone here can answer that question without knowing far more. However the general rule is that the law does not usually allow someone to benefit from the mistake of another, and in most situations where a contract is concerned, money received by mistake needs to be paid back or a... View More

1 Answer | Asked in Immigration Law, Health Care Law, Public Benefits and Social Security for California on
Q: Permanent resident can't receive CalFresh not cash assistance?

My GF has had applied for CalFresh assistance and just has received a phone call from the worker asking all sorts of questions.

According this worker, they expect that GF would supply details about how she had obtained the green card many years ago, along with detailed information about her... View More

Kevin L Dixler
Kevin L Dixler
answered on Apr 1, 2020

She only needs to provide proof of lawful permanent resident status by way of her alien number. Perhaps, she can also show a copy of her ‘valid card.’ She has no other status, so other questions seem irrelevant, perhaps, unless this concerns more, which seems questionable.

Any other...
View More

Q: Can I deposit my Daughters $19K Jackpot winnings into her Special Needs Trust so that SSI doesn’t stop her monthly pmnt

She is on SSI and is Bi Polar. There is a Special Needs Trust set up for her. She won this playing Bingo and the Casino took all the taxes out and gave her $5,000 cash and the rest in a check because that is what she asked them to do. I found out about it and have all of it now and wondering what I... View More

Nina Whitehurst
PREMIUM
Nina Whitehurst pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 10, 2020

Yes if her special needs trust is a first party SNT; otherwise no. If it is not a first party SNT the best choice is probably an ABLE account if she is eligible.

View More Answers

1 Answer | Asked in Social Security for California on
Q: How do I change my SS Disability from a payee directly to me?

I receive SS Disability due to a very serious work accident. Due to my mental condition at the time the courts directed it to be payed through a payee. My physical condition still prevents me from working but my mental condition has improved. I would like to receive my SS payments directly in my... View More

Scott F Bocchio
Scott F Bocchio pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 31, 2020

You would likely need to have the payee removed first prior to making such a request.

Scott F. Bocchio, Esq

Legal Rights Advocates

P 855-254-7841

www.legalrightsadvocates.com

1 Answer | Asked in Social Security, Employment Law and Personal Injury for California on
Q: What are the guidelines for California ssdi

I worked most of my life and did pay into disability benefits. I was not employed at the time of my injury and was granted ssi. Can I put in an appeal to get ssdi benefits?

Dale S. Gribow
Dale S. Gribow
answered on Jan 22, 2020

MORE INFO NEEDED.

YOU NEED TO ASK THIS QUESTION ON AN EMPLOYMENT LAW FORUM.....I ONLY HANDLE DUI AND PI

1 Answer | Asked in Social Security for California on
Q: If someone is approved for Supplemental Security Income, how does the person know what disorders qualified him for it.

A relative qualified for SSI; however, the Award Letter does not state the disorders that allowed him to receive disability payments. Because he has so many disorders, we don't know which one or which ones were used as the bases to qualify him. Who do we contact to receive this information?

Scott F Bocchio
Scott F Bocchio pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 31, 2019

I would suggest that he contact the local Social Security Administrative office and ask for a breakdown. He will also receive an award letter that should provide a detailed explanation as well.

Attorney Scott F. Bocchio, Esq

President

Legal Rights Advocates

P...
View More

1 Answer | Asked in Consumer Law, Small Claims and Social Security for California on
Q: disabled person rights on repossession of car in california far away from home left stranded

with wallet and cash still in car was so scared was sick for days told the tow people that i just need my wallet and meds even had police officer call and nope was stranded hungry scared in not so good neighborhood my disabled placard was showing correctly, I could of had another stroke or worse... View More

Tim Akpinar
Tim Akpinar
answered on Nov 3, 2019

I'm sorry for this terrible experience, given your disabled condition. A California attorney could advise best but your question remains open for four weeks. If you have medical documentation of the sickness/injury you suffered here, such as ER visit or doctor examination, gather them and see... View More

1 Answer | Asked in Criminal Law, Civil Rights, Domestic Violence and Social Security for California on
Q: I need to know if I can get a job but I'm fairly certain I can i have a brain tumor and i have some cognitive issues

I'm also a victim of abuse for about 80%of my life my niece also got sexual with me over texting there were pictures she sent me without my consent

Dale S. Gribow
Dale S. Gribow
answered on Aug 16, 2019

need more info.

not sure what you are asking.

whether you can get a job is not a legal question.

if you are a victim of anything you may want to talk to a PI lawyer. They usually offer a free consultation.

they will probably suggest you talk to the police.

Q: I live in CA. I am not represented. What would be the appropriate DWC forms to address the following?

* FORMS TO FILE PROTECTIVE ORDERS

* SEAL MEDICAL RECORDS

* FORMS TO FILE OBJECTIONS

* FORMS TO FILE SANCTIONS

* INFORMATION ON SUSPENSION OF DEPOSITIONS

* FORMS TO MAKE A REQUEST FOR REIMBURSEMENT FOR MILAGE, EXPENSES, TTD OR PAST DUE WAGES & JOB... View More

William John Light
William John Light
answered on Jul 8, 2019

Get a workers comp attorney for your case, or pay for a full consultation on how to address the issues you raise. This forum is not for detailed, free advice on how to litigate your case.

View More Answers

1 Answer | Asked in Criminal Law and Social Security for California on
Q: I receive SSI. Have I committed fraud by not timely reporting a change timely?

I receive SSI (Social Security Supplemental Security Income.). I failed to report a change in a timely manner and as a result was overpaid. I did eventually report it. Just not in a timely manner. Is is problematic whether the over payment would have been discovered, expect for my bringing to the... View More

Marc David Pelta
Marc David Pelta
answered on Jul 7, 2019

More information is needed for me to correctly answer your (good) question.

1 Answer | Asked in Social Security for California on
Q: can social security have you thrown in jail for overpaying you 10s of thousands of dollars
Jerry Lutkenhaus
Jerry Lutkenhaus
answered on Jun 18, 2019

This depends whether or not there is fraud on your part. Usually, Social Security just declares an overpayment and asks you to pay it back.

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.