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New York Social Security Questions & Answers
1 Answer | Asked in Civil Rights, Divorce, Family Law and Social Security for New York on
Q: I am disabled and my husband wants to separate from me, I helped get into the apartment but he wants me out.

I'm on social security and I have no place to go, is he allowed to throw me out? I was told by a friend my disability may help me. I lost my leg back in 2013 and I have spina bifida with tethered cord syndrome I need to know my rights and I hope I picked the right place to ask this because I... Read more »

Kevin Abessi
Kevin Abessi answered on Oct 4, 2020

I'm sorry that this is happening. Absent any court order, you have a right to live in your marital home. Furthermore, I cannot imagine an order that kicks you out of the apartment without at least ensuring that you are adequately accommodated. If your husband is attempting any actions... Read more »

1 Answer | Asked in Civil Litigation, Personal Injury, Social Security and Workers' Compensation for New York on
Q: is my wife entitled to any part of my Veterans Disability & Workers Compensation?
George E. Patsis
George E. Patsis answered on May 30, 2020

Are you divorcing? Please re-post with more details.

2 Answers | Asked in Identity Theft and Social Security for New York on
Q: Can I file a lawsuit?

I have just received a letter from a organization that mailed my personal and sensitive information to the wrong address. They sent me a letter apologizing for it and offering free credit monitoring for up to a year. Would it be a good idea to file a lawsuit? Thank you.

Tim Akpinar
Tim Akpinar answered on May 8, 2020

It could depend on what kind of damages you incurred and whether you would want to go through with the expense and time of a lawsuit. There are attorneys who deal with identity theft/privacy type issues. If you wanted to look into the matter in greater detail, you could contact one of them. Good... Read more »

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1 Answer | Asked in Social Security for New York on
Q: My husband passed away 2weeks ago : He was receiving social security benefits : Will I or our children be able to get hi

Will be able to get his last month benefits so we can use for his final expenses such as funeral costs and other expenses ?

Susan Michele Schaefer
Susan Michele Schaefer answered on Apr 15, 2020

My condolences to you and your family. Below are the next steps to take with regard to Social Security benefits and the death of your husband.

First of all, your husband's death must be reported to the Social Security Administration (SSA). In most cases, the funeral home will report...
Read more »

1 Answer | Asked in Social Security for New York on
Q: If a child child over the age of 24 wants their birth certificate and social security card but their parent wont give it

Is that illegal?

Steve Perrigo
Steve Perrigo answered on Apr 2, 2020

I don't think it is illegal per se, just not very kind or helpful. You can get replacements for both. Birth Certificates are through the state dept of health or bureau of vital statistics. Replacement SS cards are easily replaced by going into your local SSA field office with proper... Read more »

1 Answer | Asked in Social Security for New York on
Q: I've been on SSDI for over 25 years for a mental condition. I receive 2 checks, 1 Disability check and 1 Survivors check

I lived with my Mother for all this time in her house. She died in March. Do I have to report her death to social security? I have to move soon. Do I need to report to social security when I move? Will the amounts of the checks I receive be the same or less when I move? Thanks.

Steve Perrigo
Steve Perrigo answered on Apr 2, 2020

You should report the death to SSA, but it won't affect your checks. SSA typically gets death notifications directly from the funeral homes, but with the field offices being closed due to Coronavirus, I would call the 1-800 number also to report.

Yes, you should always report a change...
Read more »

1 Answer | Asked in Social Security for New York on
Q: Someone pushed through the cracks how can I win my claim?

I was diagnosed with ADHD at the age of 11. It has caused me much issues throughout my life. My parents probably should have filed for disability as a young age but didn't. I left home with the age of 16 have been struggling since I am now 36 years old. I have had a few jobs none of them... Read more »

Tim Akpinar
Tim Akpinar answered on Dec 17, 2019

I'm sorry for the ordeal you are going through. A good starting point could be to contact attorneys who handle social security disability cases and discuss your situation in confidence with one. You could learn if you qualify for benefits, and as to your question of proving a disability,... Read more »

1 Answer | Asked in Social Security for New York on
Q: I was diagnosed with stage 2b breast cancer in 2017 I received chemo and radiation and now taking medications

I was out of work for a year and then went back part time. I am now back full time and was advised to still go ahead and try for back pay for the time I was out of work. I still suffer from ptsd and anxiety as well as in these side effects from the medicine. I am trying to work as I have 3 small... Read more »

Cristina M. Lipan
Cristina M. Lipan answered on Oct 7, 2019

If you are found to have been disabled for at least 1 year, then yes, you are entitled to benefits, even if it was for a prior period, and no longer need it going forward. However, you can only get benefits going back 1 year from when you apply.

Q: SSDI hearing

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

Cristina M. Lipan
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... 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
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
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... Read more »

Michael David Siegel
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
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
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
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... 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
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
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
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... 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
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
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 »

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