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New York Social Security Questions & Answers

Q: SSDI hearing

Will I get denied if I do not have an attorney at my court hearing?

Cristina M. Lipan answered on Aug 19, 2019

You won't get denied just because you don't have an attorney, but you're much more likely to be successful if you have one. That's because an attorney will know what records you need and will argue why you should be considered disabled. However, you will need to get an attorney as soon as the... Read more »

2 Answers | Asked in Identity Theft and Social Security for New York on

Q: Should papers with a persons SSN be destroyed even if they have passed on long ago?

I found a quantity papers relating to my grandparents. I assume old utility bills and store receipts may be discarded for recycling. However, many papers are tax returns or letters of communication with Social Security . Could these be used for identity theft even though the people involved have... Read more »

Michael David Siegel answered on May 30, 2019

There is no harm. They are marked as deceased on credit reports and social security.

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1 Answer | Asked in Social Security for New York on

Q: Hi I am 21 year old. My parents are holding my birth certificate and social security card . What should I do?

Peter N. Munsing answered on Apr 6, 2019

Go to Social Security for a replacement card. Ask your parents if they will give you a photocopy of the certificate which will speed up your getting the certificate. Ideally, see if there is a relative who they will listen to who will intervene, at least get them to give you copies of the birth... Read more »

1 Answer | Asked in Estate Planning, Elder Law and Social Security for New York on

Q: I am a disabled man on SSI. I am on Medicaid. I'm in rehab for a stroke in 5/18 I received a small inheritance

The inheritance is $3636.00. I am due to get out of Northeast Center early 3/19 in a Medicaid program called TBI Waiver. Med resource is under $2,000, SSI would be problematic and I haven't called them, I received the check today. I want to do the right thing to do, I don't speak well on the... Read more »

Michael David Siegel answered on Feb 21, 2019

While technically this should be declared to Medicaid, it is too modest a sum for anyone to chase after you. Just deposit the check.

1 Answer | Asked in Social Security for New York on

Q: Recently, my mother was turned down for SSI because of alimony, but is completely disabled.

My mother is disabled, cannot hold a job due to the disabilities. I take care of her and am paid for it(I’m her daughter). She cannot obtain SSDI due to not working enough to get it, due to being married most of her life. She was told to apply for SSI instead as she should get it due to... Read more »

Cristina M. Lipan answered on Jan 23, 2019

She may be able to file SSD against ex husband's credits. She would not be eligible for SSI if she has income or more than $2000 in assets, regardless of severity of the medical conditions.... Read more »

1 Answer | Asked in Social Security for New York on

Q: Do I have to pay taxes on social security benefits or have I already paid them through my years of work?

Cristina M. Lipan answered on Dec 12, 2018

Social security benefits are not taxable income and are also exempt from creditors.

1 Answer | Asked in Social Security for New York on

Q: I'm on social security disability but expect to receive a large inheritance from my grandmother shortly. Will I have to

report this? Could I potentially lose my disability money?

Cristina M. Lipan answered on Nov 20, 2018

It depends if you're receiving SSD (Title II) or SSI (Title XVI). Title II is based on your work history and that you paid into the system (like an insurance program). Under Title II, your income/assets are not relevant. The only income that is considered is if you've received other public benefits... Read more »

1 Answer | Asked in Social Security for New York on

Q: I am 71 and still working. Am I entitled to a refund of social security deductions from my pay after age 66?

I was told that I can get a payment from social security because they are still deducting from my pay since age 66 and my monthly payment has not increased

Jonathan David Warner answered on Oct 30, 2018

No. These payroll taxes are deducted for as long as you're earning wages.

1 Answer | Asked in Social Security for New York on

Q: Will my husband get a reduced disability payment if he volunteers at a charity?

Jonathan David Warner answered on Oct 30, 2018

No, as he would not be getting paid.

1 Answer | Asked in Civil Litigation, Gov & Administrative Law, Public Benefits and Social Security for New York on

Q: Does the Suffolk County Dept. of Social Services have the right to take money from my SSI? Further discussion is needed

Jonathan David Warner answered on Oct 30, 2018

Under some circumstances, the answer is "yes" - but only with respect to child support, income taxes, criminal restitution, or Social Security overpayments. Give them a call and ask them about it - they'll at least be able to let you know to whom the debt is owed. There have been circumstances... Read more »

2 Answers | Asked in Real Estate Law and Social Security for New York on

Q: I'm on social security,I want to sell my house as a rent to own.Do I put the security deposit in a trust account?

I dont want to lose my social security disability by selling this way.

Michael David Siegel answered on Sep 11, 2018

All security deposits need to be in a rent security account. This is the law. Nothing to do with SSD.

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1 Answer | Asked in Social Security for New York on

Q: senior citizens receiving Social Security and a Veterans Disability Pension are they Judgement proof

Cristina M. Lipan answered on Aug 8, 2018

This income is exempt from creditors. However, you must keep the funds separate from other types of income and have proof it was never co-mingled. As a practical matter, it is possible to have the funds taken out of your bank account even if they are exempt - it's just they would need to be... Read more »

1 Answer | Asked in Child Support and Social Security for New York on

Q: I was told because I am disabled that I don't have to pay child support is this true

Thomas Carter O'Brien answered on Jul 30, 2018

Not necessarily, and I would recommend you speak with an attorney local to you. SSI funds may generally not be garnished to satisfy child support obligations, but Disability funds may not be afforded these protections. Both programs require proof of disability. Additionally, an individual under... Read more »

1 Answer | Asked in Banking, Social Security and Tax Law for New York on

Q: My mother in law receives SSI and NYS tax went into my husbands account and took all his savings. Is this legal?

My mother in law lives in NYC. MY husband lives in Florida. The savings account had about $7000 and it was emptied by the state of NY tax due to his mother's SSI earnings.

Michael David Siegel answered on Jan 30, 2018

If it was a joint account, then no.

1 Answer | Asked in Immigration Law and Social Security for New York on

Q: I came to the USA legally and have a green card for 54 years can I still receive social security if deported?

Under Trump people arrested for minor offences are getting deported and I was arrested 17 years ago for harassment and 38 years ago for possession

Roger Carl Algase answered on Jan 23, 2018

You should contact Social Security for an answer. But just being arrested for a crime or crimes is not grounds for deportation unless there is also a conviction.

1 Answer | Asked in Employment Law and Social Security for New York on

Q: Can I get a free lawyer

I am on social security disability. I also worked part time for caregivers. They are trying not to pay me for hours I worked before they let me go. I don't know what to do

V. Jonas Urba answered on Dec 18, 2017

The New York State Department of Labor is very good. For smaller claims such as yours filing a complaint with them for unpaid wages may work. Governor Cuomo and his state agencies are great! They truly care about all people who choose to live in our great state!

1 Answer | Asked in Employment Discrimination, Employment Law and Social Security for New York on

Q: Hello, I started a new job and the employer requested that bring my social security and state ID for I-9

I only had a passport and no social card but they insisted they needed to have my physical card or get a receipt of request. I got the receipt from the ss office and the employer ask did I have a copy of my social card and I gave that to them and then they were requesting my passport. The company... Read more »

Barry Eran Janay answered on Sep 27, 2017

Acceptable forms of ID should be on the I9 instructions themselves. Read it.

1 Answer | Asked in Family Law, Health Care Law, Social Security and Estate Planning for New York on

Q: I am looking for a Power of attorney wherein my husband doesn't have to sign or have any knowledge

It has to be for New York State and it has to be for anything and everything that has his name on it. You, see, he has a pension and some inheritance that my name is not on it.

Michael Francis Barrett answered on Sep 20, 2017

You cannot obtain a power of attorney on someone without their knowledge.

2 Answers | Asked in Criminal Law, Small Claims, Social Security and Consumer Law for New York on

Q: 6 years ago my boyfriend used two of my credit cards to buy me a $10000 engagement ring. He was making Some of the

Minimum payments while we lived together. After we broke up 3 years ago he stopped making payments and refused to. About 2 years ago he came to my house and took the ring without me knowing because he still had his house key. I have been asking for the ring back or for him to make the payments he... Read more »

Michael David Siegel answered on Aug 7, 2017

As to the credit cards, nothing. As to him, you could sue for the ring or the payment. He cannot keep the ring, the proceeds of the ring and not pay.

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1 Answer | Asked in Employment Law and Social Security for New York on

Q: When her husband retires at 65, can she take her ss benefits as his wife?

If so, will they be higher than what I get as a teacher who worked half the time that he did?

Filing in Hopewell Junction, NY

Barry Eran Janay answered on Jun 7, 2017

Your question is unclear. Social security accrues to individuals who reach retirement age and who have paid into the system. Based on what you wrote and what I can surmise from it, yes his benefits would be higher...

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