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Florida Social Security Questions & Answers
1 Answer | Asked in Social Security for Florida on
Q: I'm currently on SSI and medicaid ( for about 8 months now) due to an accident and will be receiving a settlement check

the amount is about 19,000.00 and I've been told I will lose my benefits even if I utilize the spend down. I currently have no place to live and would like to buy a car and rent an apartment. Will I be able to get my benefits back if I do this? I live in Fl. I have ongoing health issues and... Read more »

Susan Michele Schaefer
Susan Michele Schaefer answered on May 11, 2020

You may lose your SSI benefits for a time until you have spent down to the resource limit of $2,000 for unmarried individuals .

To minimize the loss of SSI, purchase goods and services in the same calendar month in which the lump sum is received. See SSA's Program Operations Manual...
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1 Answer | Asked in Public Benefits, Social Security and Health Care Law for Florida on
Q: How do I go about appealing a denied disability case? I have Type 1 Diabetes and Severe Gastroparesis which impairs me.
Susan Michele Schaefer
Susan Michele Schaefer answered on Apr 27, 2020

Once you have a notice from the Social Security Administration (SSA) denying your claim for disability benefits, you have 60 days to appeal by stating in writing that you disagree with the determination that SSA made. You can find the forms used for appeal at... Read more »

2 Answers | Asked in Family Law, Gov & Administrative Law and Social Security for Florida on
Q: Husband died of last 17years not together I need death certificate to turn in BUT DONT HAVE HIS TOWN OR SS NUMBER ???
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 23, 2020

This is no a legal problem; it is a ancient personal problem that cannot be solved by lawyers here on Justia. However, I will tell you that there are lawyers and others who can perform miracles doing "skip-tracing" (finding deadbeats); hire one.

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2 Answers | Asked in Social Security and Tax Law for Florida on
Q: Will my disabled child receive the stimulus money even though the father claimed her on his taxes?

My child receives SSI , I the mother represent her. The father claimed my child on his taxes. IRS is sending stimulus $ to all social security but will my child still get $1200 even though she was claimed as a dependent?

D. Mathew Blackburn
D. Mathew Blackburn answered on Apr 22, 2020

No, Father will receive an additional $500.

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1 Answer | Asked in Appeals / Appellate Law, Public Benefits and Social Security for Florida on
Q: Which site is legitimate? I know there are many scammers. I need a lawyer so I can appeal a denied disability claim

I know legitimate places exist for this but I am seeing sites saying their lawyers will help me with this and they are only entitled to payment if we win the appeal but I'm skeptical. I do not exactly know what I'm talking about but that just doesn't sound like something a lawyer... Read more »

Tim Akpinar
Tim Akpinar answered on Mar 30, 2020

You raise good points, but in the end, the only person who can ultimately make such an important decision is yourself. You will have to contact lawyers, and after speaking with them, decide for yourself who you prefer in terms of skill, experience, and your trust and confidence in them. Good luck... Read more »

1 Answer | Asked in Social Security for Florida on
Q: I was denied SSDI by the Appeals Council & filed a complaint with Fed. court. Do I say "is" or "is not" on this form?

Have no attorney. Deadline tomorrow, unless extended due to COVID-19. Don't know who to send this form to. Courthouse is open, but I have been sheltering in place.

Terrence H Thorgaard
Terrence H Thorgaard answered on Mar 26, 2020

You probably file on PACER, giving notice to the other parties or their attorneys. Why not call the clerk of court?

2 Answers | Asked in Public Benefits, Social Security, Family Law and Elder Law for Florida on
Q: My sister has dementia and no funds other than social security. We are out of Florida and cannot help financially.

We have no idea of any financial particulars other than she has no outside income other than social security and we are not in a position to help

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Feb 9, 2020

Unless someone in your family steps up and gets involved you and the rest of the family might not like the outcome of this situation. Take up a collection and go find out what needs to be done.

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2 Answers | Asked in Social Security and Tax Law for Florida on
Q: I am 67 years old living on Social Security. I was not filing Income taxes. I have an outstanding student loan.
Andrew M Steiger
Andrew M Steiger answered on Jan 16, 2020

What is your question? If it is whether you have a filing obligation, that depends on how much Social security you are receiving.

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1 Answer | Asked in Tax Law, Health Care Law and Social Security for Florida on
Q: Can my father pass an inheritance he will receive to his kids without reporting it an losing his medical benefits ?

So my father is on his fathers Will an will receive about $40,000. his father is medically unable to change the will at this time. My father is on Social security disability, has medicare an medicaid which are very important because he needs them to pay for dialysis. I heard that if he gets this... Read more »

D. Mathew Blackburn
D. Mathew Blackburn answered on Sep 5, 2019

You can disclaim an inheritance but it won't necessarily go to his kids. There are also exemptions on medicaid/care for lump sums.

I would suggest hiring an attorney to advise him on this. If you don't do it correctly it'll be bad.

1 Answer | Asked in Family Law, Child Support, Juvenile Law and Social Security for Florida on
Q: Is it against the law for my mom not giving me my SSI check?

My mom has a disability so shes not able to work therefor she receives an SSI check for her, me and each of my sisters. She always spends it on herself and never gives us a dime. Is it wrong that she is not giving me my check?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Aug 19, 2019

Unless you are over the age of 18 your mother can do pretty much whatever she wants.

1 Answer | Asked in Social Security for Florida on
Q: How do I get ssi to stop garnishing my wages after i have paid what i owe them?

My pay roll department shows I have paid what I owe them but social security is not reflecting it and they show I still owe them. How do I correct this so I can stop my wages from being garnished?

Peter N. Munsing
Peter N. Munsing answered on May 1, 2019

Get a copy from work of all that was paid. Make some copies of that.

File with social security a form for Relief from Overpayment

Go tot he Social Security Office.

1 Answer | Asked in Social Security for Florida on
Q: Is my sister eligible for SSDI?

My sister was recently diagnosed with myotonic dystrophy by a neurologist specializing in neuromuscular diseases at USF Medical School. She had worked for the same company (Verizon) for nearly 30 years but was laid off five or six years ago and didn't feel well enough to look for a new job.... Read more »

Peter N. Munsing
Peter N. Munsing answered on May 1, 2019

Start by going with her if possible if not by yourself to social security. They will tell you her "insured status." Apply for that and for SSI. It is a process she can do with the help of an opinion letter from her doctor.

1 Answer | Asked in Public Benefits, Social Security and Collections for Florida on
Q: Can social security benefits be garnished for unpaid out of state (New York) medical bills if a judgment is awarded?

My father is retired, lives in Florida and receives social security benefits. In 2015 At age 64(was on ssid) he was admitted to the ER in New York (state funded hospital) while on vacation for heart related issues. Had no insurance at the times as he had been placed on social security disability... Read more »

Barry W. Kaufman
Barry W. Kaufman answered on Oct 9, 2018

Generally, under Florida law, SSI cannot be garnished. However, without knowing why the NY AG sued him and because a state agency is involved, and not a private creditor, the benefits may be able to taken by other means. He should contact his county legal aid office to see if he can get some legal... Read more »

1 Answer | Asked in Family Law and Social Security for Florida on
Q: Can my fiance and I choose a new last name when we get married?

We have decided to not use either of our own last names and instead get a new last name. We are getting conflicting answers though on how to go about this. Some say we have to go through court to have a legal name change, others tell us all we have to do is set a new last name on the marriage... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Sep 6, 2018

I'm fairly sure that the latter advice is correct: each of you can put a new last name on the license. Check with the office of the clerk of court in your county to be doubly sure.

1 Answer | Asked in Elder Law and Social Security for Florida on
Q: I live in the state of Florida and own a home jointly with my gentleman friend. I receive medicare and Medicaid.

I inherited money and I would like to buy out my friends half of the house and own it myself. Would this be allowed under the Medicaid spend down requirement in the state of Florida?

Jason E. Neufeld
Jason E. Neufeld answered on Aug 31, 2018

As long as you live there and are paying fair-market value, I don’t see a problem. Make sure to report the change in circumstances. Also the timing of the inheritance/real estate transaction is important.

1 Answer | Asked in Social Security for Florida on
Q: Will I qualify for social security benefits while I'm still working?
Terrence H Thorgaard
Terrence H Thorgaard answered on Aug 3, 2018

Yes, when you reach the minimum age to draw Social Security. However there are income tax ramifications if you begin drawing Social Security before the standard age; I believe it is 65. For further information find the Social Security Administration's website.

1 Answer | Asked in Social Security for Florida on
Q: Why would my son Social Security in and why wouldn't they have sent me a letter stating that it ended

Why my son's social security end?

Anna Katherine Stone
Anna Katherine Stone answered on Jul 26, 2018

More information is needed to address this question. How old is your son? Why was he receiving Social Security in the first place (was it due to a disability or the death of a parent)? There are a number of reasons SSA could have stopped your son's benefits. The type of benefits he was... Read more »

1 Answer | Asked in Social Security for Florida on
Q: I filed for SSI disability earlier this year & my claim was denied. I didn't know what to do next?

I live in Clearwater. When I got my denial letter I didn't know what to do so I refiled another claim. Was this the right thing to do?

Anna Katherine Stone
Anna Katherine Stone answered on Jul 25, 2018

You should consult with an attorney who handles SSD claims. You only have 60 days to file an appeal of the denial. If you filed a new claim, then you should discuss with an attorney whether it was filed using the available dates of disability if you didn't appeal the prior decision. You may... Read more »

1 Answer | Asked in Insurance Defense and Social Security for Florida on
Q: I’ve been on disability for 14 yrs, throat cancer, receiving SS and suplimental insurance. Aetna is now calling.

Concerned that they will try to ask questions not concerning why I’m disabled. My main issue is talking. Had my voice box removed. Worried theyll ask questions trying to stop payments. Are they allowed to ask questions about my physical being? I am 59 yrs old. Can not afford a lawyer.... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on May 24, 2018

Require them to send you a letter containing their questions.

1 Answer | Asked in Child Support, Family Law and Social Security for Florida on
Q: Can I be held in contempt of court for child support arrears when my case is non enforceable due to other child on SSI?

I tried filing for a modification of Child Support and was denied. I was told by DOR CSE because I have 2 children from previous relationship recieveing SSI and I do not work my case is non enforceable and they can not modify it or do anything with it. My ex just filed a motion for contempt and... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Feb 26, 2018

Maybe. I don't understand why DOR CSE has told you that they can't do anything, but you certainly can ask the court yourself to modify your child support. You can be held in contempt if you have the ability to pay CS but are not doing so.

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