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New York Social Security Questions & Answers
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... View 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
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... View 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
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
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
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... View More

Barry E. Janay
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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
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... View More

Michael David Siegel
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 E. Janay
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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...

1 Answer | Asked in Personal Injury, Civil Rights, Social Security and White Collar Crime for New York on
Q: My mother was disabled with an disability, with over a hundred different kind of prescription medications.

I have been living with my mother for the past ten years, she been taking over 100 different prescription medications. A walker wheelchair and living without ADA in her building, no elevator, no ramp. My mother had to wait for me to take down her walker wheelchair, and wait for me to help her up... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Mar 22, 2017

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...
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1 Answer | Asked in Social Security for New York on
Q: I am collecting spousal support. Hubby is 69 and still working and not collecting his benefit. He suspended it. If he

decides to collect now does he get retro money from age 66.

Ali Shahrestani,
Ali Shahrestani,
answered on Feb 24, 2017

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...
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1 Answer | Asked in Social Security and Probate for New York on
Q: My dad passed away when I was 14. I turned 18 I never recieved any check from his death benefits or social security

There was a $4,000 lump sum I was supposed to recieve from my father's death benefits. How do I go about in finding where this money went

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 30, 2017

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... View More

2 Answers | Asked in Workers' Compensation, Social Security and Car Accidents for New York on
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.

I can drive my car, but it's hard. I don't know if I can drive a truck again, as I was terminated for the accident. If this prevents me from driving a commercial again, would I have a case?

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 19, 2017

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... View More

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1 Answer | Asked in Employment Law, Social Security and Tax Law for New York on
Q: Why did my company have me pay more than the maximum of $7,347 in Social Security Taxes for the year 2016?

I am under the impression that last year (2015) and this year (2016) the maximum taxable earnings stayed the same at $118,500, or $7,347 paid. Last year my company stopped my social security tax payments at $7,347, but so far this year they have had me pay $7,800.47. Why haven't they cut off... View More

Peter N. Munsing
Peter N. Munsing
answered on Nov 29, 2016

Ask them. It may be an oversight. I

2 Answers | Asked in Social Security for New York on
Q: I have a bad back and doctor says I should be able to work, but can't find work because of it. Can I still get SSI?

Just curious if I have a case for SSI since the doctor says I should be able to work, but I can't find a job because my history of back problems.

Robert Martin Louque Jr
Robert Martin Louque Jr
answered on Sep 1, 2016

Social Security Disability is not about whether you are able to find a job. It is about whether you can perform the duties of any job. If your own doctor says you can work, you will have a hard time winning a disability case before the Social Security Administration.

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1 Answer | Asked in Social Security for New York on
Q: I would like to know if I qualify for retroactive survivors benefit from 4 years ago. I couldn't apply before.

I applied here in ny and was told I can only receive retravtive money from 6 months to now. I will also receive money every month so will my 2 children.

Clint Curtis
Clint Curtis
answered on Mar 26, 2013

This will require a lot more information to properly answer the question. Contact a local Social Security attorney where you can take all your records and explain exactly what you are wanting to occur.

1 Answer | Asked in Social Security for New York on
Q: I have recently applied for social security disability benefits. Does re-opening an old workers comp claim affect SSD?
Jerry Lutkenhaus
Jerry Lutkenhaus
answered on May 28, 2012

I practice WC and SS law in Virginia so I can only give you information and I cannot give you legal advice. I can tell you if you receive WC weekly payments and SS monthly benefits for the same time period your SS benefits can be reduced if the combination of WC benefits and SS benefits exceeds... View More

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