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Michigan Social Security Questions & Answers
1 Answer | Asked in Social Security for Michigan on
Q: Does ssi benefits have to be returned if loved one dies days after getting paid?
James L. Arrasmith
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answered on Jan 1, 2024

When a recipient of Supplemental Security Income (SSI) benefits passes away, the situation regarding the return of benefits depends on the timing of their death in relation to the benefit payment date. SSI benefits are paid to cover the month in which they're received. For instance, benefits... View More

1 Answer | Asked in Social Security for Michigan on
Q: Social Security wont allow my wifes part B medicare to take effect until I prove that she had health coverage in 2012.

My wife is 11 years older than me and we have been married for 35 years. She has always been covered by healthcare insurance that I have paid for from employers that I have worked for.

Now Social Security refuses to allow her Part B Medicare until she can prove that she had coverage in 2012... View More

James L. Arrasmith
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answered on Dec 17, 2023

Here are a few options to try to resolve this with Social Security for your wife's Medicare Part B:

1. Contact your former employer’s HR again, escalating to higher levels if needed. Explain it is vital they verify your wife's 2012 coverage. Check if they outsourced record...
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2 Answers | Asked in Social Security for Michigan on
Q: i want to marry my fiancé but he is going to prison i want to know if it will affect my SSI income?

im worried that my money will be taken for his fine and fees in there

James L. Arrasmith
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answered on Sep 21, 2023

Marrying your fiancé, who is going to prison, should not directly impact your SSI income. SSI benefits are typically based on your individual income and resources, not your spouse's legal situation. However, it's essential to keep your finances separate to ensure your SSI eligibility... View More

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2 Answers | Asked in Social Security for Michigan on
Q: i want to marry my fiancé but he is going to prison i want to know if it will affect my SSI income?

im worried that my money will be taken for his fine and fees in there

T. Augustus Claus
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answered on Sep 11, 2023

In Michigan, marrying your fiancé who is going to prison should not directly impact your Supplemental Security Income (SSI) eligibility or payments. SSI primarily considers the recipient's individual income and resources, not their spouse's legal situation. However, it's essential... View More

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2 Answers | Asked in Estate Planning, Probate, Social Security and Public Benefits for Michigan on
Q: Sister is abusing position as Trustee of Family Trust. Can adult brother receiving SSD be named successor Trustee?

Adult sister and brother are sole beneficiaries of Trust set up by now deceased parents.

Sister has ignored brother's requests for accounting, bank statements or fund disbursements, hasn't filed taxes since she became Trustee a few yrs ago, is allowing her children to use Trust... View More

Joseph  Dallo
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Joseph Dallo
answered on Sep 1, 2023

In Michigan, as in many jurisdictions, the following general principles apply:

Qualification as Trustee: An adult, regardless of whether they're receiving Social Security Disability (SSD) benefits, can generally serve as a trustee unless there's a specific legal reason...
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2 Answers | Asked in Estate Planning, Probate, Social Security and Public Benefits for Michigan on
Q: Sister is abusing position as Trustee of Family Trust. Can adult brother receiving SSD be named successor Trustee?

Adult sister and brother are sole beneficiaries of Trust set up by now deceased parents.

Sister has ignored brother's requests for accounting, bank statements or fund disbursements, hasn't filed taxes since she became Trustee a few yrs ago, is allowing her children to use Trust... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Aug 7, 2023

The brother isn't 'disqualified' from being a trustee because of his status on Social Security Disability for a physical condition, but some federal benefits (specifically SSI which it sounds like may not be involved here, but I'd want to be extra sure!) may be impacted by his... View More

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1 Answer | Asked in Social Security for Michigan on
Q: How can I qualify for ssd, if I can’t sit thru psychiatric evaluation without getting commited.
James L. Arrasmith
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answered on Mar 4, 2023

If you are unable to sit through a psychiatric evaluation without being admitted, it may be helpful to discuss this with your doctor or mental health provider. They may be able to provide you with accommodations or suggest alternatives, such as scheduling the evaluation at a time of day when you... View More

1 Answer | Asked in Health Care Law and Social Security for Michigan on
Q: How can I qualify for ssd, if I can’t sit thru psychiatric evaluation without being admitted?
James L. Arrasmith
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answered on Mar 4, 2023

If you are unable to sit through a psychiatric evaluation without being admitted, it may be helpful to discuss this with your doctor or mental health provider. They may be able to provide you with accommodations or suggest alternatives, such as scheduling the evaluation at a time of day when you... View More

Q: Is this eligibility requirement compliant with the legislation in question?

MCL 400.106a authorizes a medicaid program for working disabled. To be eligible applicants must have been “found to be disabled under the federal supplemental security income program or the social security disability income program; or would be found to be disabled except for earnings in excess... View More

James L. Arrasmith
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answered on Mar 4, 2024

The eligibility requirement set forth by the Michigan Department of Health and Human Services (MDHHS) appears to align with the legislation outlined in MCL 400.106a. This law permits a Medicaid program specifically designed for the working disabled, indicating that applicants must meet certain... View More

2 Answers | Asked in Public Benefits and Social Security for Michigan on
Q: How can somebody be prosecuted for an overpayment for the social security and the overpayment has been repaid

Social security overpayment has been repaid in 2016 but I was indicted this year for theft of government property

Brent T. Geers
Brent T. Geers
answered on Sep 19, 2023

As non-sensical as it may seem, repayment does not preclude criminal charges.

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1 Answer | Asked in Family Law and Social Security for Michigan on
Q: If I take temporary guardianship of a child whose parent gets disability payments for him do they transfer to me?

My daughter wants my wife and I to take temporary guardianship of her son because she doesn't have the resources to take care of him. She currently gets 850 a month for him in disability. If my wife and I take temporary guardianship of him, will the payments go to us for his care or stay... View More

Brent T. Geers
Brent T. Geers
answered on Nov 10, 2022

If done legally, you would be entitled to child support from both parents in an amount to be determined.

1 Answer | Asked in Social Security for Michigan on
Q: Can you fire your social security lawyer before you get approved for funds

I am sure I'm getting approved they are asking for kids birth certificates to calculate the amount can I fire my lawyer before I get paid off

Brent T. Geers
Brent T. Geers
answered on Oct 7, 2022

Perhaps, but if you think that's going to net you a bigger back-pay amount in your pocket, you'll need to refer to the retainer agreement you signed. Likely, your attorney will still get his or her fee.

1 Answer | Asked in Child Support, Social Security and Criminal Law for Michigan on
Q: The amount of rerages owed is 64,000 and the judge is not being in my favor at all. What can i do? Please ?

Is there anything I can do or submit in advance, the court appointed lawyer i have does not submit or express my case in my favor, or my request.

Brent T. Geers
Brent T. Geers
answered on Aug 25, 2022

The judge's job is not to be in your favor. The only person "in your favor" is your attorney, and he or she must adhere to court rules, case law, statutes, ethics, and rules of evidence while being in your favor. If you have plead and are awaiting sentencing, then now is the time to... View More

1 Answer | Asked in Family Law and Social Security for Michigan on
Q: court says the file is closed on conservatorship....the woman that was it, say she is only payee. who is trustee then?

son had conservator for special needs trust which i set up when he was 17 ( he's now 36). I got guardianship back and when I petitioned in 2020. I petitioned to be conservator this year, but the court said the case is closed?! Woman that was his guardian/conservator says she is now only his... View More

Brent T. Geers
Brent T. Geers
answered on Aug 3, 2022

Sounds like the conservatorship may have been in place because of your son's age at the time (under 18). At some point, it was closed because 1) he was over 18, and 2) his only source of income became his SSDI, for which a payee serves the same purpose as a conservator.

If you were...
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1 Answer | Asked in Child Custody, Divorce and Social Security for Michigan on
Q: Who gets kids part of one spouses SSD, if getting divorced?

Husband suffered from mental health, can not drive, severe memory loss.

Brent T. Geers
Brent T. Geers
answered on Aug 1, 2022

Most often, it would be to the parent with primary custody / recipient of child support, in lieu of a calculated support amount.

1 Answer | Asked in Family Law and Social Security for Michigan on
Q: If I am married, but my spouse left me 22 years ago. We are both retired.He has a pension and receives social security.

Do I have any legal claim to his benefits.

Brent T. Geers
Brent T. Geers
answered on Mar 31, 2022

Quite likely. You are married until you are not. Living apart and hoping the marriage goes away does not work.

1 Answer | Asked in Contracts and Social Security for Michigan on
Q: Can you get a background check without a SS #?

I want my church to do the background check but I don’t want to give them my Social Security number. Can they do a background check without me giving them my SS #?

Brent T. Geers
Brent T. Geers
answered on Dec 23, 2021

Depends on what type of background check they want to do. You may, of course, decline to give your SS#; the church may then elect not to do the background check or offer you the position you are seeking.

1 Answer | Asked in Social Security for Michigan on
Q: Are social security cases hard to win?
Brent T. Geers
Brent T. Geers
answered on Dec 7, 2021

Like any case: yes, without sufficient favorable facts.

3 Answers | Asked in Social Security and Bankruptcy for Michigan on
Q: Can creditors put a lien on our home if my husbands social security money is secured in a different account?
Cristina M. Lipan
Cristina M. Lipan
answered on May 18, 2021

A creditor may seek a judgment lien against real property that is owned by the Debtor (the individual who owes the creditor money). Social security income is generally not available to creditors, but it has to be in separate bank account from other funds. Bankruptcy may be an option, but you will... View More

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1 Answer | Asked in Social Security for Michigan on
Q: My father passed in 2009. Days before his passing he was approved of his back pay. Can I claim it as his next of kin?

My father passed away in Aug 2009. Days before passing he received his letter that his back pay had been approved. A letter went out a few months later to my grandmother, who also passed prior to getting the letter. As his only next of kin am I eligible and able to claim his back pay?

Brent T. Geers
Brent T. Geers
answered on Jul 2, 2020

Interesting. Was your father married at the time of his death? If not, then I think you might be entitled to it. It was never paid out? Was his estate ever probated?

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