New York Social Security Questions & Answers
Q: Recently, my mother was turned down for SSI because of alimony, but is completely disabled.
Cristina M. Lipan's answer
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.
https://www.nolo.com/legal-encyclopedia/social-security-dependents-benefits-spouses-disability-recipients.html
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.
https://www.nolo.com/legal-encyclopedia/social-security-dependents-benefits-spouses-disability-recipients.html
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's answer
Social security benefits are not taxable income and are also exempt from creditors.
Social security benefits are not taxable income and are also exempt from creditors.
Q: I'm on social security disability but expect to receive a large inheritance from my grandmother shortly. Will I have to
Cristina M. Lipan's answer
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 (workers comp, public assistance), then you would need to tell them. If you were approved under Title XVI, there are limits to the amount of income/assets you can have, so you may lose that, since it...
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 (workers comp, public assistance), then you would need to tell them. If you were approved under Title XVI, there are limits to the amount of income/assets you can have, so you may lose that, since it...
Q: I am 71 and still working. Am I entitled to a refund of social security deductions from my pay after age 66?
Jonathan David Warner's answer
No. These payroll taxes are deducted for as long as you're earning wages.
No. These payroll taxes are deducted for as long as you're earning wages.
Q: Does the Suffolk County Dept. of Social Services have the right to take money from my SSI? Further discussion is needed
1 Answer
| Asked
in
Civil Litigation, Gov & Administrative Law, Public Benefits and Social Security
for
New York
on
Answered on Oct 30, 2018
Answered on Oct 30, 2018
Jonathan David Warner's answer
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 where I've been able to negotiate a release of the garnishment, based upon a debtor's financial hardship.
Consult with an attorney in your area regarding this matter.
Good luck!
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 where I've been able to negotiate a release of the garnishment, based upon a debtor's financial hardship.
Consult with an attorney in your area regarding this matter.
Good luck!
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?
Michael David Siegel's answer
All security deposits need to be in a rent security account. This is the law. Nothing to do with SSD.
All security deposits need to be in a rent security account. This is the law. Nothing to do with SSD.
Q: senior citizens receiving Social Security and a Veterans Disability Pension are they Judgement proof
Cristina M. Lipan's answer
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 returned and that is a hassle.
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 returned and that is a hassle.
Q: I was told because I am disabled that I don't have to pay child support is this true
Thomas Carter O'Brien's answer
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 a child support order would be well advised to seek modification of the child support order should they become provably disabled. Simply stopping payments after an award of benefits is not advisable....
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 a child support order would be well advised to seek modification of the child support order should they become provably disabled. Simply stopping payments after an award of benefits is not advisable....
Q: I came to the USA legally and have a green card for 54 years can I still receive social security if deported?
Roger Carl Algase's answer
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.
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.
Q: Can I get a free lawyer
V. Jonas Urba's answer
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!
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!
Q: Hello, I started a new job and the employer requested that bring my social security and state ID for I-9
1 Answer
| Asked
in
Employment Discrimination, Employment Law and Social Security
for
New York
on
Answered on Sep 27, 2017
Answered on Sep 27, 2017
Barry Eran Janay's answer
Acceptable forms of ID should be on the I9 instructions themselves. Read it.
Acceptable forms of ID should be on the I9 instructions themselves. Read it.
Q: I am looking for a Power of attorney wherein my husband doesn't have to sign or have any knowledge
1 Answer
| Asked
in
Family Law, Health Care Law, Social Security and Estate Planning
for
New York
on
Answered on Sep 20, 2017
Answered on Sep 20, 2017
Michael Francis Barrett's answer
You cannot obtain a power of attorney on someone without their knowledge.
You cannot obtain a power of attorney on someone without their knowledge.
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
2 Answers
| Asked
in
Criminal Law, Small Claims, Social Security and Consumer Law
for
New York
on
Answered on Aug 7, 2017
Answered on Aug 7, 2017
Michael David Siegel's answer
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.
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.
Q: When her husband retires at 65, can she take her ss benefits as his wife?
Barry Eran Janay's answer
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...
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...
Q: My mother was disabled with an disability, with over a hundred different kind of prescription medications.
1 Answer
| Asked
in
Personal Injury, Civil Rights, Social Security and White Collar Crime
for
New York
on
Answered on Mar 22, 2017
Answered on Mar 22, 2017
Ali Shahrestani, Esq.'s answer
You may consider contacting a medical malpractice attorney. More details are necessary to provide a professional analysis of your issue. Re: ADA violations, see: https://ag.ny.gov/civil-rights/disability-rights
The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business...
You may consider contacting a medical malpractice attorney. More details are necessary to provide a professional analysis of your issue. Re: ADA violations, see: https://ag.ny.gov/civil-rights/disability-rights
The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business...
Q: I am collecting spousal support. Hubby is 69 and still working and not collecting his benefit. He suspended it. If he
Ali Shahrestani, Esq.'s answer
What did your support order state re: your right to his benefits? See: http://www.nycbar.org/get-legal-help/article/family-law/maintenance-spousal-support/
More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following...
What did your support order state re: your right to his benefits? See: http://www.nycbar.org/get-legal-help/article/family-law/maintenance-spousal-support/
More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following...
Q: My dad passed away when I was 14. I turned 18 I never recieved any check from his death benefits or social security
Ali Shahrestani, Esq.'s answer
You can contact the administrator of his will or the party with access/ control of his funds. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make...
You can contact the administrator of his will or the party with access/ control of his funds. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make...
Q: I had an accident in a commercial vehicle. It was my fault, but I wasn't charged legally. I'm now terrified to drive.
2 Answers
| Asked
in
Workers' Compensation, Social Security and Car Accidents
for
New York
on
Answered on Jan 19, 2017
Answered on Jan 19, 2017
Ali Shahrestani, Esq.'s answer
If the accident was your fault, on what basis could you possibly sue the other party? The best first step is an Initial Consultation with an Attorney. You can read more about me on my law practice website. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.
If the accident was your fault, on what basis could you possibly sue the other party? The best first step is an Initial Consultation with an Attorney. You can read more about me on my law practice website. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.
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