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Michigan Social Security Questions & Answers
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... Read 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... Read 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... Read 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... Read 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?

1 Answer | Asked in Employment Law and Social Security for Michigan on
Q: My employer paid me cash for 10 years. I filed for social security but having issues because of the cash payments.

What if anything can i do about this?

Brent T. Geers
Brent T. Geers
answered on Apr 29, 2020

You are in a tough jam. Were you an independent contractor or just paid under the table? Depending on your answer to that, this may be a significant tax issue for you and your employer. You likely had an obligation to report your payments as income on your taxes, which would have subjected you to... Read more »

2 Answers | Asked in Banking, Collections and Social Security for Michigan on
Q: Is it legal for my savings acct. ( DIRECT DEP from soc sec) to be garnished by credit card company?? FACTS/background

Joint acct, social security check made out to me for the care of my husband. The only money that goes into this acct is his ss check.

The garnishment was against me not him.

4k was taken without my knowledge. I didn't receive garnishment writ as they stated. I was told I... Read more »

Adam Alexander
Adam Alexander
answered on Mar 9, 2020

If these are the only funds in this account, you should retain a lawyer to file an objection to garnishment. Exempt funds is just the kind of argument that a judge will listen to. However, if there are commingled funds, the analysis is more complex.

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1 Answer | Asked in Estate Planning, Health Care Law and Social Security for Michigan on
Q: If a person on SSI/medicaid wanted to go on a cruise, are they able to pay for their caretaker's ticket without penalty?

I'm physically disabled from brain cancer. I require a wheelchair, receive SSI/Medicaid and have a registered in-home caretaker from the state of Michigan. I would like to go on a cruise, but it would be necessary that my caretaker come along with me. Can I pay for their ticket and have it... Read more »

Nina Whitehurst
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Nina Whitehurst
answered on Sep 26, 2019

The $10,000 inheritance is disqualifying income in the month of receipt. There is not much you can do about that. If you still have that money on hand on the first day of the following month, sitting in a regular ol' checking account, for example, it will be a countable asset and that will... Read more »

1 Answer | Asked in Banking and Social Security for Michigan on
Q: My sister lives in Michigan, collects social security disability due to bipolar issue. Can she open a banking account?
Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Jul 17, 2019

Yes, of course your sister can open a bank account--with one important caveat: If your sister intends to put lots of money into a bank account--or in any other kind of financial account--she may be at risk of having to explain where she is getting the money.

1 Answer | Asked in Social Security for Michigan on
Q: MY SON HAS BEEN DRAWING OFF MY SSI FOR YEARS AND HAS DIED WILL THIS HAVE ANY EFFECT ON MY SSI INCOME NOW
Peter N. Munsing
Peter N. Munsing
answered on May 1, 2019

I don't believe so. Check with Social Security but I don't see how it would.

1 Answer | Asked in Social Security and Real Estate Law for Michigan on
Q: Can a person on ssi disability own property when ssi limits the amount of cash that they can have ($2,000.00) in bank
David Soble
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David Soble
answered on Oct 3, 2018

Generally speaking a person who collects disability can own real estate. If you are speaking in terms of financing a property with a mortgage, then your disability income should be included in the income calculations, provided the disability is not temporary. So for financing purposes, disability... Read more »

1 Answer | Asked in Divorce and Social Security for Michigan on
Q: Would you be able to help me with my Ssi I have been denied once case closed and help me get a divorce?

I am legally married in Upstate New York I reside in Kalamazoo MI.. I am homeless and terminally ill please help me

John Joseph Rizzo III
John Joseph Rizzo III
answered on Feb 5, 2018

Have you tried contacting a legal aid provider in Kalamazoo? Please move quickly because of the appeal deadline. Here is a link to one:

https://www.lawestmi.org/location/kalamazoo.

Legal aid should be familiar with both issues and you will want a local attorney to handle the...
Read more »

1 Answer | Asked in Social Security for Michigan on
Q: I’m on disability. I’ll be 65 this year. How will my benefits change. I’m also divorced
John Joseph Rizzo III
John Joseph Rizzo III
answered on Feb 2, 2018

This answer assumes you are receiving SSDI, not SSI. If 65 is your full retirement age, you would be shifted from the SSDI to RSDI. Your payment amount would remain the same, it would just be paid from a different program. It will happen automatically and is really just an accounting entry for... Read more »

1 Answer | Asked in Social Security, Tax Law, Public Benefits and Immigration Law for Michigan on
Q: Concerning federal poverty level. Are disabled ssdi and veterans benefits countable income for poverty chart?

For government immigration form fee waiver.

John Joseph Rizzo III
John Joseph Rizzo III
answered on Jan 30, 2018

I believe the answer could change based on the facts. For instance, many people use SSDI and SSI interchangeably when they are very different programs. If you receive SSI, you should be automatically eligible for the fee waiver. If you receive SSDI, that will probably count against you when... Read more »

1 Answer | Asked in Social Security for Michigan on
Q: I retired in 2016 at age 60. My deceased husband will be 65 in April, can I collect his social security?
John Joseph Rizzo III
John Joseph Rizzo III
answered on Jan 16, 2018

Prior to your full retirement age, you may claim reduced benefits based on your deceased husband's earning records. If he was receiving a reduced benefit before he passed away, your benefits would be based on his reduced benefits. So, unless he claimed his benefits before full retirement... Read more »

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