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Florida Social Security Questions & Answers
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... View 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... View 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... View 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
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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... View 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... View 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.... View 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... View 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.

1 Answer | Asked in Child Support and Social Security for Florida on
Q: Is the father responsible to pay child support if his son is receiving social security through him due to a disability?

The father lives in Puerto Rico and has missed over 10 years of child support. He filed for social security about 5 years ago and it got approved last year. So now my son is getting social security through him. Am I allowed to request child support as well? I live in Florida with my son.

Rand Scott Lieber
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answered on Feb 12, 2018

You can still pursue child support. The father will receive some amount of credit for the SSI received by the child.

1 Answer | Asked in Civil Rights, Libel & Slander, Personal Injury, Social Security and Real Estate Law for Florida on
Q: Good evening,I am looking for a Disability Discrimination attorney.This is not employment related.

Almost died, 2 months in hospital, 4 years to recover.

Hoa president harassed, stole money from me, false police report, etc.

Made my illness come back...had to go back on meds, etc. Dr. Told me to sue. Mother hired hoa attorney. This is her condo. We smoked him out. He is no... View More

Peter N. Munsing
Peter N. Munsing
answered on Feb 11, 2018

First, ask Justia to take your name down--you will end up otherwise with many solicitations (and if the HOA has an attorney it would be simple to look up your post).

Getting to your question you mentioned "attorney says....." which sounds like you have an attorney.

As to...
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1 Answer | Asked in Consumer Law and Social Security for Florida on
Q: Hello there,Have a representative for my disability case, but they aren't working for me. Can you help me please?

I feel kind of left out about the matter and they call me about 3 to 6 mos. I feel like a number, don't feel that right given that they want a portion of the money I would receive.

Andy Wayne Williamson
Andy Wayne Williamson
answered on Jan 25, 2018

Short answer. Disability cases can take a long time to complete with large periods of no real activity.

However. If you are not satisfied with the people handling your case you need to hire a different person and have that person request your file from the old party who is currently...
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1 Answer | Asked in Social Security for Florida on
Q: Can they deny from schizophrenia if person still has problems thinking in has been on invega sustenna 5months
Terrence H Thorgaard
Terrence H Thorgaard
answered on Nov 2, 2017

Who are "they" and what are they denying? And does "invega sustenna" mean, perhaps, investigation?

1 Answer | Asked in Real Estate Law and Social Security for Florida on
Q: Papers cane concerning my mother's house it's not even the correct last name I am on disability what can happen
Terrence H Thorgaard
Terrence H Thorgaard
answered on Aug 31, 2017

it depends upon what the papers say.

1 Answer | Asked in Social Security for Florida on
Q: I would like to file for my social security I will be 62 in Oct.

I would like to file for my social security, I will be 62 in Oct. I have not earned enough credits. I was married to a qualified participant for 15 years. That is how I plan to qualify. Here's where I have a problem. I sell on Esty online market place last year the only year they sent a 1099.... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Aug 25, 2017

If you file at age 62, instead of 65, there are several drawbacks. The other income you receive will not stop you from receiving Social Security, but there will be tax ramifications. Ask a financial planning professional, or the Social Security Administration for details.

1 Answer | Asked in Consumer Law, Civil Rights, Elder Law and Social Security for Florida on
Q: I believe my grandmother's credit was taken advantage of by her son, or a business that financed her a car.

She has $1900 a month in social security, and a $760 monthly car payment, owes $40,000 altogether, for a car that was insured by my father for his use. Can she pursue legal action as he is no longer insuring or operating the vehicle, and she cannot drive or afford the vehicle now that her son has... View More

Andy Wayne Williamson
Andy Wayne Williamson
answered on Aug 19, 2017

Your grabdmother needs to consult with an attorney about this issue.

There's not a way to answer this question based upon the facts presented.

1 Answer | Asked in Social Security for Florida on
Q: I started receiving my deceased husbands SS benefit at age 63. When does this end and convert to my benefits?

I haven't worked in 17 years due to disability. He died in 1978. Started getting SS in NY, but moved to Florida 1 year ago. Does this change anything?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Aug 12, 2017

I believe your personal benefits would be distinct from the benefits you receive on account of your late husband. So they wouldn't "convert". Contact the Social Security Administration to be sure. And, as a federal program, Social Security doesn't change depending on which... View More

1 Answer | Asked in Workers' Compensation and Social Security for Florida on
Q: I'm set to retire will that affect my workers comp that is pending?
Mitchell Feldman
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Mitchell Feldman
answered on Jun 25, 2017

Not medical benefits under work comp. If you are working now and retire but later become disabled you probably cannot qualify for disability wages

You may want to consider getting an attorney to help consider a settlement

1 Answer | Asked in Social Security for Florida on
Q: Can a tenn lawyer represent me in florida for ssi
Terrence H Thorgaard
Terrence H Thorgaard
answered on May 23, 2017

The SSI hearing tribunal will have specific rules regarding who may practice before it. The Tennessee attorney should check whether those rules allow him or her to represent you.

1 Answer | Asked in Social Security and Tax Law for Florida on
Q: Received demand for $1700 from the IRS for 2015 tax return. My wife received $14k for disability for 2015.

IRS said this is taxable. Previously this money was not taxed

Michelle D. Wynn
Michelle D. Wynn
answered on May 17, 2017

I would suggest having a tax professional review the details of this payment and the IRS correspondence with you. Certain types of disability payments, such as payments through disability insurance paid for with after-tax earnings, are non-taxable. Other types of disability payments are fully... View More

1 Answer | Asked in Social Security for Florida on
Q: I want to start drawing my social security at 66 but I' m going to continue working full time. Will I lose that way?

I will still be paying social security. Do I get that added on to my check?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Mar 22, 2017

Generally, if you are 65 or older you can apply for Social Security benefits and are not penalized for working. See a tax professional for the details.

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