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New York Social Security Questions & Answers
2 Answers | Asked in Landlord - Tenant, Collections, Social Security, Real Estate Law and Public Benefits for New York on
Q: How to recover back rent from tenant on social security in NY?

I evicted a tenant who rented from me for 5 years but without a renewed or updated lease agreement. The tenant owes me approximately $2,000 in back rent. I recently located the tenant, but they are no longer working and have gone on social security. How can I recover the owed rent, given that... View More

Steven Warren Smollens
Steven Warren Smollens
answered on Jun 29, 2025

Dear New York Landlord:

Generally, no legal right to collection will exist without a judgment for the amount of money due for the unpaid rent issued by a court of competent jurisdiction. Generally, an eviction lawsuit based on grounds other than nonpayment of rent allows the court to enter...
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3 Answers | Asked in Banking, Civil Litigation and Social Security for New York on
Q: How to obtain legal representation to access account info related to a settlement in NY?

As an infant, I was involved in a legal case where Stewart T Schantz and Franklyn Engel represented and won a settlement due to an accident that killed my mother and injured me in Ulster County and Poughkeepsie, NY, between 1985-1995. I'm currently facing a significant hardship, and banks... View More

Jonathan R. Ratchik
Jonathan R. Ratchik
answered on Mar 21, 2025

If the accounts are in your name (or for your benefit), you shouldn't need any legal representation whatsoever. Proof of identification should be sufficient, i.e. driver's license, along with a copy of the court order pursuant to which the account was opened. That said, it's likely... View More

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3 Answers | Asked in Banking, Civil Litigation and Social Security for New York on
Q: How to obtain legal representation to access account info related to a settlement in NY?

As an infant, I was involved in a legal case where Stewart T Schantz and Franklyn Engel represented and won a settlement due to an accident that killed my mother and injured me in Ulster County and Poughkeepsie, NY, between 1985-1995. I'm currently facing a significant hardship, and banks... View More

Tim Akpinar
Tim Akpinar
answered on Mar 22, 2025

I'm sorry about your tragic accident. Try to find information about the file for your award as an infant. In New York, awards for infants involve hearings before judges and infant compromise orders - if you could track down that paperwork, it should be helpful to the bank in ascertaining your... View More

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2 Answers | Asked in Personal Injury, Workers' Compensation and Social Security for New York on
Q: Workers Comp baring me from applying for SSDI?

I received a settlement offer from Worker's Comp.

However, there is a stipulation in the settlement paperwork that states that I can't apply for SSDI FOR AT LEAST 30 MONTHS AND CANNOT RETURN TO WORK TO THE SAME PLACE IFI ACCEPTTHIS OFFER. Is it legal to bar me from applying for... View More

Stephen Bilkis
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answered on Nov 29, 2024

I'm sorry to hear about the challenges you're facing with your Workers' Compensation settlement. Navigating these complex issues can be stressful, and I hope the following information helps to clarify your concerns.

Disclaimer: This information is based on New York law and is...
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1 Answer | Asked in Social Security for New York on
Q: I had to apply for Social Security Disability and it was recently approved; although I was told I would not be paid for

the first 5 months? I was then told I could apply for SSI for those months but Social Security is refusing to address the claim? I tried to file an appeal, but still Social Security has refused to follow thru with the claim. What can I do? Thank you

James L. Arrasmith
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answered on Jun 21, 2024

Based on the information provided, here's an explanation of the situation and some potential steps you could take:

1. Social Security Disability Insurance (SSDI) waiting period:

It's correct that there is typically a 5-month waiting period for SSDI benefits. This means...
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1 Answer | Asked in Social Security for New York on
Q: My lawyer failed to submit all my paper work to the state during my disability case in NY.

Just received My denial letter and the underwriter only had old doctors records. They claim to not have the new records. For a year my lawyers told me they had everything they needed

James L. Arrasmith
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answered on Jun 10, 2024

It's frustrating to hear that your lawyer didn't submit all the necessary paperwork for your disability case. First, you should gather all your updated medical records and any other relevant documents that were missing. Then, contact the Social Security Administration (SSA) to explain the... View More

1 Answer | Asked in Social Security for New York on
Q: I'm on ssdi if my ssdi ceases and file for ss how much would I lose. Do they pro rate what I was getting on ssdi

Does ss just take what I was making and pro rate that? Also Medicaid picks up my part b if I make it to fra with no problems when it switches to SS will medicaid still pick up part b. Thank you

James L. Arrasmith
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answered on May 25, 2024

When you transition from SSDI (Social Security Disability Insurance) to regular Social Security retirement benefits, the amount you receive may change. Here's what you need to know:

1. Benefit amount: Your Social Security retirement benefit is calculated based on your average indexed...
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1 Answer | Asked in Tax Law and Social Security for New York on
Q: I want to rent property that I own in another country ( Panama ) as an airbnb. They are very transparent with the U.S.

I am on disability. How will this affect me ? Can I legally structure this property as some sort of Corp. that may help me ?

James L. Arrasmith
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answered on Mar 13, 2024

Renting out your property in Panama as an Airbnb while on disability in the U.S. can have implications for your disability benefits and taxes. Here are some considerations:

1. Income reporting: You must report all income earned from your Airbnb rental to the Social Security Administration...
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1 Answer | Asked in Social Security and Public Benefits for New York on
Q: Am I owed $6,000 from SSDI regarding my Social Security benefits in NY?

I was approved for Social Security benefits starting in 2023 with approximately $14,000 in work credits. SSI has paid me under $5,000, and my attorney received $3,500. I am unsure where the remaining funds are, and I am wondering if I am still owed $6,000 from SSDI. Can someone explain how the... View More

James L. Arrasmith
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answered on Jun 24, 2025

You might be owed additional funds, but it depends on how the Social Security Administration (SSA) calculated your backpay and benefit entitlements. If your SSDI approval began in 2023, the agency typically calculates backpay starting five months after your established disability onset date. Any... View More

Q: What legal options do I have to address plumbing issues in my rented mobile home lot in NY?

I own my mobile home but rent the lot it’s located on. I’m experiencing severe plumbing issues that make the trailer unlivable since we cannot shower, causing bills upwards of $200 monthly. My lease states that these repairs are my responsibility. DSS has refused assistance with plumbing due to... View More

James L. Arrasmith
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answered on May 7, 2025

You have several legal options despite your lease placing repair responsibility on you. In New York mobile home parks, tenants have specific protections - park owners must keep homes in habitable condition, make major repairs and improvements, and maintain safe and healthy living conditions. Your... View More

2 Answers | Asked in Social Security, Appeals / Appellate Law and Public Benefits for New York on
Q: Can I reapply for NY disability pension denied in 1980 with new documentation?

I was denied my NY State disability pension in 1980. Since then, I have been unable to work and have not received any benefits. I now have new medical documentation supporting my disability, and I attempted to appeal the decision. Can I reapply for my disability pension in 2025?

Charles Holster
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answered on May 3, 2025

An "appellate attorney" handle appeals in the State or federal courts. The question that you have asked involves an administrative appeal within an agency. Therefore, it should be directed at an attorney who specializes in handling NY State Disability cases. I think that in order to... View More

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1 Answer | Asked in Family Law and Social Security for New York on
Q: How can I duplicate all my legal documents and be a free adult? And can she report me as a runaway?

I’m a legal adult, age eighteen, and planning on leaving my home. Though, with my mom, she has all my documents. She has my birth certificate, SSN, anything else I’d need to fully be able to live without being under her care freely. She wouldn’t go for this, she’d pray on my downfall, and... View More

James L. Arrasmith
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answered on Mar 16, 2025

Since you're already eighteen, you're legally considered an adult, so your mother can't report you as a runaway. However, you'll still need your important documents like your birth certificate and Social Security card to fully establish yourself independently.

First, you...
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1 Answer | Asked in Traffic Tickets, Gov & Administrative Law and Social Security for New York on
Q: Personal property was taken in violation to the Exempt Law, CPLR. 5222-A...and a court Restraint Order would issue
James L. Arrasmith
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answered on Sep 16, 2024

If your personal property was taken in violation of the Exempt Income Protection Act (CPLR 5222-A) and there is a court-issued restraint order, you may have grounds to challenge this action. The Exempt Income Protection Act protects certain types of income and assets from being seized or frozen. If... View More

1 Answer | Asked in Social Security for New York on
Q: I am an American citizen 18 years old. How do I get a social security number?

I was born abroad.

I have a passport

James L. Arrasmith
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answered on Aug 15, 2024

To get a Social Security Number (SSN), you'll need to visit the nearest U.S. Embassy or Consulate in the country where you're currently residing. Since you were born abroad and already have a U.S. passport, you'll need to provide proof of your U.S. citizenship, such as your passport,... View More

1 Answer | Asked in Social Security for New York on
Q: How do I get a Social Security card in New York City? I’m an American citizen. Haven’t had a Social Security card yet.
James L. Arrasmith
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answered on Aug 15, 2024

To get a Social Security card in New York City, you'll need to fill out the Application for a Social Security Card (Form SS-5). You can download this form from the Social Security Administration's website or pick one up at your local Social Security office.

Once you have the form,...
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1 Answer | Asked in Civil Rights, Constitutional Law and Social Security for New York on
Q: Can a police officer ask for my social security number? The reason is that the system shows an overlap insurance.

He said i could be arrested because it’s considered a misdemeanor so i had to provide him with my social security number after he had my license and everything he needed.

James L. Arrasmith
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answered on Jan 26, 2024

No, a police officer typically cannot and should not ask for your social security number in a situation like this.

A few key points:

- There is no requirement for citizens to provide their SSN to a police officer who has already verified their identity through other means like a...
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1 Answer | Asked in Social Security and Public Benefits for New York on
Q: I am an immigrant lawfully permanent resident married to American citizen. I came 7 yrs ago and worked only a bit due to

my conditions. I had many jobs for 3/5 or 6 months, maybe a 2 yrs total paying taxes. My wife is employed and close to retirement paying taxes for more than 30yrs. I have PTSD, Bipolar Depression and BPD. Can somebody help me to understand if I qualify for SSI or SSDI or something else? Thank you

James L. Arrasmith
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answered on May 2, 2023

As a lawful permanent resident married to an American citizen, you may be eligible for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) if you have a qualifying disability and have worked enough to earn sufficient work credits, or if you have limited income and... View More

1 Answer | Asked in Social Security and Public Benefits for New York on
Q: My exhusband died last year, we were married for 21 years. I turn 60 in June. Do I have any right to his social security

I plan on filing for Social Security when I turn 62. Can I get benefits from his until I can file on my own?

James L. Arrasmith
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answered on Mar 10, 2023

As a divorced spouse, you may be eligible to receive Social Security benefits based on your ex-husband's record if you meet certain criteria. To be eligible, you must have been married to your ex-husband for at least 10 years, be at least 62 years old, be unmarried (unless your later marriage... View More

1 Answer | Asked in Social Security for New York on
Q: I was deserted by my ssi disability lawyer and I do not know what to do

Complaint: 19337126, As per the pdf marked berry rider, you had me sign documents saying you would in fact stay equally involved with my case, which I personally take to mean equally responsible for any and all outcomes start to finish. If I am mistaken please correct me. also you have repeatedly... View More

James L. Arrasmith
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answered on Mar 4, 2023

I'm sorry to hear about your situation. It sounds like you were working with a Social Security disability lawyer who has deserted you and you are unsure of what to do next.

Firstly, you may want to try to contact the lawyer again to see if there is any way to resolve the issue or if...
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1 Answer | Asked in Social Security for New York on
Q: Social Security says I owe $5700.00 because my pension benefits did not take out Social security taxes.

I retired in 2018 from NYPD.

James L. Arrasmith
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answered on Mar 4, 2023

If your pension benefits did not withhold Social Security taxes, you may be subject to the Windfall Elimination Provision (WEP) or the Government Pension Offset (GPO) if you are eligible for Social Security benefits based on your own work history or the work history of a spouse.

The WEP can...
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