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New York Social Security Questions & Answers
1 Answer | Asked in Family Law, Immigration Law, Identity Theft and Social Security for New York on
Q: I seek assistance with sorting out identity issues (problems with birth certificate, social security due to name change)

I am assisting a young man (23yr old) who will graduate from college but who cannot proceed with things like drivers license, employment, etc, due to a troubled childhood situation in which his name was changed numerous times. The birth certificate (issued in New York City) has questionable... View More

Agnes Jury
Agnes Jury
answered on Jul 19, 2021

This would be best handled by a civil litigation attorney as it sounds like it involves several name changes or may require one now. You may be able to get free help from legal aid clinics but if not you can always reach out to attorneys directly and ask if they would help for free. Best wishes!

1 Answer | Asked in Social Security for New York on
Q: If I am on social security disability will a 25,000 inheritance affect my disability payments
Cristina M. Lipan
Cristina M. Lipan
answered on Apr 19, 2021

If you are receiving SSD, then assets won't matter, you just can't be working (because you're disabled). If you are receiving SSI, which is based on need, then it will.

For more info: https://www.crestssd.com/social-security-disability-qualifications/ssd-income-limits/

1 Answer | Asked in Child Custody and Social Security for New York on
Q: what if the paternal grandfather is keeping their grand childs social security number from the mother

how can he get away with it for this long and I need it to change my sons last name

Kenneth Prigmore
Kenneth Prigmore
answered on Feb 6, 2021

Legal custody is required to hold on to the Social Security Card. If the mother of the child has legal custody, and the Paternal Grandfather has no legal custody, then the Grandfather cannot keep the card.

If some other custody situation exists other than what is described above, then the...
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1 Answer | Asked in Social Security for New York on
Q: My moms selling her house and iam getting a portion. Would this be considered earned income and do I have to report ssi

I live with my mom we will be selling our house. I will get a portion of the money Do I need to report this to ssi and will this be considered earned income?

Susan Michele Schaefer
Susan Michele Schaefer
answered on Dec 28, 2020

Yes, the income you receive from the sale of your mom's house is considered to be unearned income and it must be reported to Social Security. Since SSI is a needs-based program, the more countable income you have the less your SSI check will be and when it is over the allowable limit, you... View More

1 Answer | Asked in Criminal Law, Civil Litigation, Social Security and Wrongful Death for New York on
Q: Can I sue my brother in law for assaulting me( about 12 years ago plus).

He tried to kill me fractured my Tibia Fibia. He was going for my head he damage my left elbow (as I cover up). He came in defense of his sister my wife. And began battering me with his bat. However, I was charge with domestic violence after I woke up from a coma. When I woke up I was told I was... View More

Peter Wade Kolp
Peter Wade Kolp
answered on Nov 19, 2020

Short answer is no.

Like many states, New York’s law sets time limits for a host of specific crimes. For crimes not specifically listed in the statute, a general statute of limitations applies based on the category of the crime. The general time limits are:

five years for felony...
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1 Answer | Asked in Social Security for New York on
Q: Hi yes I have a couple questions I will be 65 in a couple months Every time I call Social Security to see how much money

I will make it’s always the different amount I asked him what was the formula they use and they said 35 years of your year work and divide by 12 that would give me my monthly benefits well it’s not the same as theirs

Susan Michele Schaefer
Susan Michele Schaefer
answered on Nov 14, 2020

Try calculating your Social Security retirement this way:

Step 1: Use your earnings history to calculate your Average Indexed Monthly Earnings (AIME). Use your earnings statement that Social Security has - you can find your record on your My Social Security account. The AIME calculation...
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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... View 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... View 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... View 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...
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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... View 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...
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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... View 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,... View 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... View 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... View 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... View 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... View 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... View 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... View 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.... View 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.

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