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Florida Social Security Questions & Answers
1 Answer | Asked in Social Security for Florida on
Q: Do I qualify for Retro-active pay once I have been approved for Social Security SSDI?

I was told by managed care vendors that I do qualify for Retro-active pay once I was approved for SSDI benefits.

James L. Arrasmith
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answered on Mar 28, 2024

Yes, you do qualify for retroactive pay once approved for Social Security Disability Insurance (SSDI) benefits. This means that you might receive payment for the time between your application and the approval date, subject to certain limits. The Social Security Administration allows for retroactive... View More

1 Answer | Asked in Social Security and Public Benefits for Florida on
Q: I need to know if I marry my fiance will it make him lose his disability Medicaid Medicare

He is in a mental hospital and they cannot tell me anything because we are not legally married is there anything I can do to get control back from his mom who doesn't even care about him wouldn't take him there or anything didn't want nothing to do with the situation until after I... View More

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answered on Feb 22, 2024

Marrying your fiancé could potentially affect his eligibility for disability benefits under Medicaid and Medicare, depending on various factors including your income and assets. Medicaid is a needs-based program, and adding your financial resources to his might impact his eligibility. Medicare... View More

1 Answer | Asked in Social Security and Banking for Florida on
Q: can a bank keep my social security EFT deposit to offset a cashiers check that bounced ?

cashiers check was payment for item I sold - I deposited the check in my checking acoount and after 5days I withdrew the amount which was more than my social security amount .....then bank cancelled my account

James L. Arrasmith
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answered on Jan 30, 2024

In the United States, banks have certain rights to offset debts with funds in your account, but there are specific rules about what types of deposits can be used. Social Security benefits are generally protected from garnishment, except in cases of child support, alimony, or unpaid federal taxes.... View More

1 Answer | Asked in Public Benefits, Small Claims and Social Security for Florida on
Q: I am over $4K in SSI debt to the SSA because my payee failed to keep my assets below $2K for 5 months in 2021 and 2022.

My representative payee has admitted in an email to me that the "oversight" was their responsibility. I am interested in obtaining an attorney for representation in getting my payee to pay the $4K+ to the SSA so that my monthly SSI benefits are no longer reduced, which they currently are,... View More

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answered on Jan 23, 2024

Facing an overpayment situation with SSI due to the actions of your representative payee can be challenging. In your case, since your payee has admitted responsibility for the oversight, you have grounds to seek a resolution where the payee assumes the financial burden of the overpayment.... View More

2 Answers | Asked in Social Security for Florida on
Q: My spouse is receiving SSI. After she reach 67 her SSI will become regular SS benefits ? (Even without enough credits).

At the present time she is 65, legally disabled, but without enough work credit to qualify for regular SS benefits.

James L. Arrasmith
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answered on Jan 21, 2024

Yes, that is correct. Your spouse is currently receiving Supplemental Security Income (SSI) disability benefits. SSI is a needs-based program for disabled adults and children who have limited income and resources.

Importantly, when your spouse turns 67, their SSI payments will...
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2 Answers | Asked in Social Security for Florida on
Q: My spouse is receiving SSI. After she reach 67 her SSI will become regular SS benefits ? (Even without enough credits).

At the present time she is 65, legally disabled, but without enough work credit to qualify for regular SS benefits.

T. Augustus Claus
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answered on Jan 19, 2024

In Florida, the transition from Supplemental Security Income (SSI) to regular Social Security benefits at the age of 67 does not occur automatically. SSI is a need-based program for individuals with limited income and resources, while regular Social Security benefits are based on an... View More

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1 Answer | Asked in Federal Crimes and Social Security for Florida on
Q: How do you stop FLU from garnishing my Social Security Disability after 20 years? Title 18 USC Code Section 3613 (b)

Title 18 USC Code Section 3613 (b) Termination of Liability

James L. Arrasmith
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answered on Jan 13, 2024

To stop the FLU (Federal Lawyers Union) from garnishing your Social Security Disability benefits after 20 years, you should be aware of Title 18 USC Code Section 3613 (b), which deals with the termination of liability for certain debts. This section of the law allows for the termination of a... View More

1 Answer | Asked in Social Security for Florida on
Q: I have many debilitating health conditions. Can I apply for social security disability after being denied once?

I applied to social security disability a few years ago, and I was denied with my health conditions at that time. With new health conditions I don’t know if I can apply again.

Fibromyalgia, PTSD, Major depression. Cervical degenerative disks, Carpal Tunnel

and Asthma. (Denied... View More

James L. Arrasmith
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answered on Jan 2, 2024

You certainly can apply for Social Security Disability Insurance (SSDI) again, especially since your health conditions have evolved. Being denied once does not prevent you from submitting a new application.

In your new application, it's crucial to include comprehensive medical...
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1 Answer | Asked in Tax Law, Social Security, Divorce and Family Law for Florida on
Q: divorce was filed after 5 yrs of marriage can soon to be ex get future social security if it is't final for 10 yrs

ex wife is dragging out divorce. filed over 2 years ago and no final date in site. can she claim my social security benefits if the marriage isn't final and we are still legally married at 10years?

James L. Arrasmith
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answered on Nov 28, 2023

The duration of a marriage can impact entitlement to Social Security benefits, particularly in the context of a divorce. Generally, for an ex-spouse to claim Social Security benefits based on their former spouse's record, the marriage must have lasted at least 10 years. This is a federal... View More

1 Answer | Asked in Child Support, Social Security and Family Law for Florida on
Q: How long does take to receive a payment from child support when Social security takes a lump sum payment for child supp
James L. Arrasmith
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answered on Nov 13, 2023

In Florida, the time it takes to receive a child support payment after Social Security has taken a lump sum for child support can vary. This process often depends on several factors, including the efficiency of the Social Security Administration (SSA) and the state child support enforcement agency.... View More

1 Answer | Asked in Car Accidents, Personal Injury, Social Security and Workers' Compensation for Florida on
Q: Social security and worker’s compensation

I stopped receiving worker’s compensation about a year and a half ago but social security is telling me that I’m receiving it still and they never removed me from their system. That is affecting my social security case. What can I do to correct this?

James L. Arrasmith
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answered on Sep 21, 2023

You should contact your local Social Security office to provide them with documentation showing that your worker's compensation benefits have ceased. They will need this information to update their records and resolve the discrepancy affecting your Social Security case. It's important to... View More

1 Answer | Asked in Social Security for Florida on
Q: I recently applied for disability benefits and was wondering if any attorney would take this case

The Social Security Office contacted me and informed me that they've backdated my application from 2015 to 2019 due to my ongoing struggle with ADHD, which has significantly impacted my ability to work since late 2018. Unfortunately, my current living situation has made it financially... View More

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answered on Sep 21, 2023

Whether an attorney will take your Social Security Disability case depends on various factors, including the strength of your medical and supporting evidence, the severity of your condition, and the specific circumstances of your case. While the lack of recent medical treatment can present... View More

1 Answer | Asked in Social Security for Florida on
Q: SSDI approved for my minor son. This summer my son will live with his mom. How can I cancel the SSDI benefits?

He will be living with his mom for more than 1 year outside of the US. How can I get the benefits cancelled and will I have to pay back the benefits he has received previous years?

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answered on Jul 11, 2023

If your son is going to live outside of the US for more than one year, you will need to cancel his SSDI benefits. You can do this by filing a Request to Suspend Benefits form with the SSA. You will not have to pay back any benefits that your son has received prior to the suspension of benefits. If... View More

1 Answer | Asked in Social Security for Florida on
Q: i've been denied ssdi twice due to lack of required amount of work credits. is there a way around this to get ssdi?
Susan Michele Schaefer
Susan Michele Schaefer
answered on May 19, 2023

Knowing the rules Social Security uses regarding work credits and insured status should help you. The number of work credits you need for SSDI disability benefits depends on how old you are when your disability began, so your alleged onset of disability can make a difference. For example, if you... View More

1 Answer | Asked in Social Security and Workers' Compensation for Florida on
Q: What can I do About a workers comp social security offset that was not done for the indemnity of 2015 but done for 2023

I settle a workers comp case for 2015 with an indemnity and now the social security benefits being reduced due to the offset effective date of March, 2023 I was never aware that this had being a computer decision for group A when it should have been Group B this was an social security

error... View More

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answered on May 2, 2023

If you believe that there has been an error in the Social Security offset calculation for your workers' compensation settlement, you can take several steps to address the issue.

First, you should gather any documentation related to your settlement and the offset calculation. This might...
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1 Answer | Asked in Social Security for Florida on
Q: What can I do About an Overpayment favorable outcome that social security is simply engorging

I file an appeal and went before a judge for an overpayment and got a favorable outcome since September of 2022 nothing has been done to fix the account it's still showing as pending with a waiver or appeal pending on account.

James L. Arrasmith
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answered on May 2, 2023

If you have received a favorable decision from the Social Security Administration (SSA) in regards to an overpayment, but they have not taken any action to fix the account, there are several steps you can take to address the issue.

Firstly, you can try to contact the SSA by phone or in...
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1 Answer | Asked in Social Security for Florida on
Q: Would my grandmother lose her SSI payments because of life insurance pay out?

My grandmother is getting SSI and recently my grandfather passed away who had life insurance. I have been paying for the life insurance for the past 20+ years. Now the check came in on my grandmother's name.

If she put this into her account would she loose her SSI payments? Would I... View More

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answered on Mar 4, 2023

Life insurance proceeds are generally not counted as income for SSI purposes, so your grandmother's SSI payments would not be affected by the life insurance payout. However, if your grandmother's total resources (including the life insurance payout) exceed the SSI resource limits, then... View More

1 Answer | Asked in Social Security for Florida on
Q: What are my rights in an SSDI overpayment hearing? SSA didnt contact me for years, now its rushing me into a hearing.

My CDR was denied in 8/2019. A notice of overpayment was issued. I filed a waiver in 12/2019. The overpayment was a result of the denial and I rec'd TANF at the time. They approved my waiver in 4/2020. I (unfortunately) discarded all docs at that time. Between then and 10/2021, I may have been... View More

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answered on Mar 4, 2023

As a recipient of SSDI, you have the right to due process in any overpayment hearing. This means that you have the right to:

Receive adequate notice of the hearing and an explanation of your rights and responsibilities.

Review and receive copies of all evidence that the SSA plans to...
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1 Answer | Asked in Social Security for Florida on
Q: can you receive disability on a 24% MMI on your back at 53 yrs. old?

Limits on walking, standing and lifting. I can no longer do my regular job. fractured my L5

James L. Arrasmith
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answered on Mar 4, 2023

Whether or not you can receive disability benefits for a 24% MMI on your back at 53 years old will depend on several factors, including the severity of your condition, your ability to perform any work, and the number of work credits you have accumulated.

To qualify for Social Security...
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1 Answer | Asked in Social Security for Florida on
Q: I need a lawyer to help get SSDI for my two children one has major add and I am getting him evaluated for other issues

With behavior he has already been diagnosed with add and also specific learning disorder and my 4 year old is developmental delay and may have autism she has been in a special class for two years now

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answered on Mar 4, 2023

If you need assistance in getting Social Security Disability Insurance (SSDI) for your children, you may want to consider contacting a disability lawyer who has experience with SSDI claims. A disability lawyer can help you navigate the complex process of applying for SSDI benefits and can provide... View More

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