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Florida Social Security Questions & Answers
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

James L. Arrasmith
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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

2 Answers | Asked in Social Security and Bankruptcy for Florida on
Q: I have a judgment against me. My income is social security disability. Can the judgment creditors levy bank acct Fl?

Judgment proof? Consumer loan. Aggressive collection agency.

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Feb 18, 2023

I'm in PA, and practice in the tri-state area, and in my jurisdiction, social security income, like wages, are exempt from execution/garnishment by judgment creditors. But there is a statutory procedure.

First, the creditor needs to know, or guess correctly, about the identity of your...
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2 Answers | Asked in Child Support, Social Security, Divorce and Family Law for Florida on
Q: Child support lawsuit Vs. Disability

If I’m unable to work because I’m disabled. Can the mother of my child sue me for money even if I have medical evidence? I just gave the court my documents files for proof but the mother of my child is still pursuing a lawsuit to give her money when I can not work at all.

Pamela J. Fero
Pamela J. Fero
answered on Sep 19, 2022

File a modification on child support to adjust your payment while you are in that situation. Do your best to get a job when you can so you can still support your child. It is every parent's responsibility to provide for their children.

Talk to your attorney to know how best to proceed.

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1 Answer | Asked in Civil Litigation, Public Benefits and Social Security for Florida on
Q: I am on a fix income I only make 861 a month and the ssa is trying to end my ssdi benefits need a free lawer pro bone

would need a free pro bono attorney to help me with my ssa case to keep my benefits i only make 861 a month

Charles M.  Baron
Charles M. Baron
answered on Aug 5, 2022

Contact your local Legal Services office that serves indigent persons. You appear to be writing from Vero Beach, in which case you could try Florida Rural Legal Services. Website: https://www.frls.org Tel. 888-582-3410.

1 Answer | Asked in Family Law and Social Security for Florida on
Q: I was born in Philadelphia ps in 2001 at home. I have 12 siblings that have an ssn but I do not.

I am wondering if there is anything else I can do. I applied many times already. And almost lost hope. I hope I can get help

Susan Michele Schaefer
Susan Michele Schaefer
answered on Jul 17, 2022

The best place to find out about the evidence requirements to obtain a Social Security number and card is at 20 CFR 422.107. See https://www.ssa.gov/OP_Home/cfr20/422/422-0107.htm. To obtain an original Social Security number card, you must submit convincing evidence of:

1. your age,...
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1 Answer | Asked in Estate Planning, Elder Law and Social Security for Florida on
Q: My son’s grandmother through a codicil in her will, set up a Trust for him in January 2000. To date he has seen no $.

The executrix, his adult cousins, have repeatedly refused reasonable requests for access to those funds (for legitimate expenses) since 2014. During that year his father passed and he needed living expenses and medical services. In 2020 to present they have repeatedly refused to relinquish any... View More

James W. Martin
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answered on Jul 15, 2022

Florida Statutes Section 736.0813 sets forth some of the information that beneficiaries of Florida trusts are entitled to receive. You can read it here: http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0736/Sections/0736.0813.html . In any... View More

1 Answer | Asked in Social Security for Florida on
Q: Is a SsA representative payee allowed to marry the beneficiary they represent or will it. Cause issues?
Susan Michele Schaefer
Susan Michele Schaefer
answered on May 22, 2022

There is no restriction about a beneficiary being married to the person who is their representative payee. In fact, Social Security prefers to appoint a responsible relative, friend, or other interested party to serve as a representative payee, then they consider others, such as an organization to... View More

1 Answer | Asked in Social Security for Florida on
Q: Social Security law and veteran of war/combat veteran

The Commissioner’s decision was based on legal error. (Identify all legal errors.) Social Security law regarding disability

Elizabeth Fowler Lunn
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answered on Apr 18, 2022

I’m not sure what you are asking. Did you file an appeal and this is the in the appeal decision? Or are you looking for someone to file an appeal for you based on legal errors in a decision? If you can provide more information about your situation then I may be able to provide you with an answer... View More

2 Answers | Asked in Social Security for Florida on
Q: It is my understanding that if you are on Social Security Disability then the maximum monthly earnings allowed is $1310

What if you own a small company but do not take any income from it. Does that count against your monthly earning limit?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Feb 18, 2022

Does what count? If you don't "take any income from" the company (assuming by "company" you mean a corporation), it might not count as income. On the other hand, if it is a sole proprietorship or one-member LLC, mere failure to transfer the money from the company bank... View More

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1 Answer | Asked in Appeals / Appellate Law, Identity Theft and Social Security for Florida on
Q: Due to a mistake not of my making my DOB is inaccurate by 1 year. I am a 15yr US Navy Vet. Conflicting DOB exists.

I currently hold no valid ID for the State of Florida because of this discrepancy. I am 63yrs old and just diagnosed with prostate cancer, scheduled for surgery on 12 Oct.

Tim Akpinar
Tim Akpinar
answered on Oct 16, 2021

This is not my area of practice, but your question remains open for two weeks and it frustrates me that a veteran might have their benefits held up due to administrative discrepancies in personal information. Here is an address link to a page in the SSA website -... View More

1 Answer | Asked in Social Security, Real Estate Law and Collections for Florida on
Q: in Florida, how to put a restitution lien on a property to compensate for stolen social security checks from my mailbox

my brother was caught stealing my mail from my mailbox. My father (now deceased) was living with me at the time. Brother was cashing the checks with forged signatures. Brother is trying to sell a property. Can I put a lien on his property to collect the money he stole?

Barry W. Kaufman
Barry W. Kaufman
answered on Jul 28, 2021

No. There's no such thing as a restitution lien in Florida. If the checks were your father's, the representative of his estate would have to sue your brother in civil court and obtain a judgment, then record the judgment as a lien.

1 Answer | Asked in Social Security for Florida on
Q: My unmarried 22 yr old son receives disabled adult child ssdi. He's expecting a son next mo. Can baby receive benefits?
Elizabeth Fowler Lunn
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answered on Jul 10, 2021

Unfortunately, no the baby will not receive benefits. Your son is receiving benefits based on a parent’s earnings record rather than on his own record.

1 Answer | Asked in Social Security for Florida on
Q: Florida Married 3 mos shy of 10 yrs to be eligible to collect 50% of his SS benefits when he dies. Dated 3.5 years prior

I want to find out if there any way around this. I wonder if the marriage certificate would still be on file. He never married again. I have 2 children with him. I'm not married now. I believe I would also be entitled to survivor benefits.

Rand Scott Lieber
Rand Scott Lieber
answered on Apr 13, 2021

The answer to this question will not depend on Florida law. You should be able to contact a social security office and ask this question. If your marriage did not last ten years there may be nothing that you can do.

Good luck.

1 Answer | Asked in Copyright, Public Benefits and Social Security for Florida on
Q: Can I sue my lawyer for "withdrawal is failure to cooperate in good faith?"

I have been working with my lawyer for 1.5 years, and just as my disability retirement case is in the final stages (which looks like it won't be a winner), they decided to withdraw as my lawyer because they say I am not cooperating in good faith. Basically, the lawyer wanted me to submit my... View More

Elizabeth Fowler Lunn
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answered on Apr 5, 2021

I’m sorry you had a negative experience with your attorney. Hire another attorney to handle your disability case if you don’t want to represent yourself. The issues with the forms from the doctor may have caused a problem with your case or it could be a the whole set of records don’t support... View More

2 Answers | Asked in Patents (Intellectual Property) and Social Security for Florida on
Q: I’m 20 years old and I’m dad refuses to give me my ssn.

He told me he was it and the only way I would be able to get it is by changing my address on my driver’s license.

Kevin E. Flynn
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Kevin E. Flynn
answered on Mar 8, 2021

This is not a patent law question (inventions). I hope that someone familiar with social security issues can be of help.

Kevin E Flynn

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2 Answers | Asked in Social Security for Florida on
Q: How do I obtain my sons social security number?

My ex wife has his social security number but will not give it to me.

Susan Michele Schaefer
Susan Michele Schaefer
answered on Feb 25, 2021

Look on your previous tax return. If you had included your child as a dependent. his Social Security number will be on the tax return.

Otherwise, you may need to obtain a replacement Social Security card by filing form SS-5 with Social Security - see https://www.ssa.gov/forms/ss-5.pdf. You...
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1 Answer | Asked in Social Security for Florida on
Q: I downloaded ssa form 795 (at the suggestion of the SSA cust Serv rep) to request all the backpay from ssi disability.

They are currently spreading out the payments for back pay over a year's time period. (I have already received the first payment of backpay). I am currently homeless and won't be able to purchase anything with only the first of three payments. I'm not sure HOW to ask this on the... View More

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

The amount of your installment payments for back pay from Social Security can be increased if you can demonstrate necessary medical needs or debts that relate to necessities, such as housing, food, clothing, or medically necessary services, supplies, equipment or medicine. Follow Social Security... View More

1 Answer | Asked in Social Security for Florida on
Q: So I get Social Security SSI and Medicaid, should I accept a 9,450.00 check will I loose benefits or be cut off
Susan Michele Schaefer
Susan Michele Schaefer
answered on Oct 20, 2020

Supplemental Security Income (SSI) is a needs-based program and your countable resources must not be worth more than $2,000 for an individual or $3,000 for a couple. If the value of your countable resources is over the allowable limit at the beginning of the month, you cannot receive SSI for that... View More

1 Answer | Asked in Family Law, Health Care Law and Social Security for Florida on
Q: How do I obtain a counsel to become a legal guardian for my schizoid son!

My son has decided to not take his Meds. We are up against a system (HEPA law) that protects him but not his care taker (me) I need some control over his decision-making or lack there of! This is a long story and it is a 10 yr fight to help keep my son off the street! I need help to get me in front... View More

Kenneth Prigmore
Kenneth Prigmore
answered on Sep 15, 2020

You sound like you need a guardianship for your son. In court, the judge will review a letter from a doctor explaining the situation. You will have an attorney, and your son will have an attorney. Often the attorney for the son will tell the judge after meeting with the son that they feel the... View More

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