Pennsylvania Social Security Questions & Answers

Q: How do I go about a family member collecting a death benefit check? How could I get the check put in my name?

1 Answer | Asked in Child Support and Social Security for Pennsylvania on
Answered on Feb 15, 2019
Kathryn Hilbush's answer
Your mother is currently receiving the funds as your representative payee because you are under age. You have several options. One is to go to the local Social Security office to find out if they can change that to your grandmother if you have sufficient proof that you live with her. Or your grandmother could file for child support against your mother at your county Domestic Relations Office. The SS benefits would be taken into account when an order was entered against your mother.

Q: I’m disabled & was thinking of claiming bankruptcy, but I’m not sure if it will effect my SSI. How will it effect me?

2 Answers | Asked in Bankruptcy and Social Security for Pennsylvania on
Answered on Jan 11, 2019
W. J. Winterstein Jr.'s answer
There are different "chapters", or forms, of bankruptcy. In a Chapter 7, the simplest form, your income is only used to determine your eligibility to file under that chapter. If your income is below the "median income" for the state of PA, you'd have no income issues.

In a Chapter 13 bankruptcy, your income is used to fund a Plan, commonly called a "wage earners' plan", which provides for payment over a period of time up to five years of debts you must pay ("priority" claims and...

Q: Hurt on the job, went to see a lawyer about SSDI and he refused to take my case !

1 Answer | Asked in Social Security for Pennsylvania on
Answered on Sep 18, 2018
Mark A. Buterbaugh's answer
More than likely you do not have current insured status. To be eligible for SSDI, you have to have enough work credits. Kind of like Unemployment. Check with your local SSA office and inquire with them what your 'date of last insured' is. For example, if your date of last insured is 3/31/2018, then the to be eligible for SSDI, you will have to be found disabled prior to 3/31/2018.

Q: My grandfather, who is also my adoptive parent is refusing to give me my documentation.

2 Answers | Asked in Adoption, Civil Litigation and Social Security for Pennsylvania on
Answered on Jun 26, 2018
Cary B. Hall's answer
You could go to the local police station in his neighborhood, explain the situation and ask for police assistance. Don't go in with an attitude; just go in, tell them you don't know what to do or where to turn, and ask them for their help. They may tell you to go pound sand . . . or they may be understanding and go out with you to talk to him (especially if things are slow). If the documents are yours and he won't give them to you, well then, that's not right.

Try that first. Best...

Q: If my mother collected SSI when I was a child illegally by saying that I was terminally ill why is that debt put on me?

1 Answer | Asked in Social Security and Collections for Pennsylvania on
Answered on Feb 20, 2018
Peter N. Munsing's answer
Should be no debt at all. Who says you owe money? If it is an overpayment, then you need to file a waiver saying it is against equity and good consience to charge you for money that she took when you were not at the age of consent and had no participation.

Q: My 33 yo Daughter had filed for SSDI in 2014 n was denied after all appeals ! If we reapply what begin date would I use

1 Answer | Asked in Social Security for Pennsylvania on
Answered on Feb 20, 2018
Peter N. Munsing's answer
use the 2014 date. Suggest you use an attorney. If you need names of some call me.

Q: I applied for retirement benefits on Friday the 19th. My claim is being held up because they want 5 years of tax return.

1 Answer | Asked in Social Security for Pennsylvania on
Answered on Jan 25, 2018
Peter N. Munsing's answer
Ask them. You can always ask to see your earnings record.

It is not impossible in these days of identity fraud that someone claimed benefits on your account. I haven't heard of them asking for tax returns but.....

Q: how can a WCJ rule on a second LMS with out a change in evidence

3 Answers | Asked in Workers' Compensation, Constitutional Law and Social Security for Pennsylvania on
Answered on Dec 12, 2017
Timothy Belt's answer
The nature of workers' compensation allows for change in condition both physical and financial. If additional better paying jobs are now available within your restrictions, the defendant can certainly attempt to modify or suspend your benefits based upon the new economic reality. You are also allowed to dispute these claims through evidence regarding your physical limitation as well as through vocational evidence disputing the jobs and availability of the jobs.

I assume you have an...

Q: My wife and I make too much for legal aid. Are there any attorneys who work pro bono? We live pay check to paycheck.

1 Answer | Asked in Family Law, Child Custody and Social Security for Pennsylvania on
Answered on Dec 3, 2017
Stephanie E. Emanuel's answer
I highly recommend that you hire an affordable dedicated attorney that can guide you as a PRO-SE (represent yourself in court) and use the hired attorney for general guidance and minor document preparation. We can not solicit for clients here, so you would need to reach out to attorneys for a free consultation and ask about how much they would charge you in your case.

If you go with the free attorneys from non-profits or court you will not be able to hear from them because of the amount...

Q: What might happen when the employer's doctor says fully recovered and Social Security approves a disability claim?

2 Answers | Asked in Workers' Compensation and Social Security for Pennsylvania on
Answered on Nov 21, 2017
Richard Alan Jaffe's answer
The standards for "Total Disability" are different for Social Security and Pennsylvania Workers Compensation.

Just because a IME physician opines that you are fully recovered from your work-related injury, does not mean that this Opinion would be accepted by a Workers Compensation Judge, nor does it mean that Social Security Administration will adopt said Opinion with respect to your Claim for Social Security Disability.

As a result of recent regulations, Claimant's...

Q: how can i obtain my grandsons ss#? I have a notorized signed guardianship paper from my daughter who is his mother

1 Answer | Asked in Family Law and Social Security for Pennsylvania on
Answered on Sep 12, 2017
Peter N. Munsing's answer
Presumably your daughter has it? If not maybe the court didn't grant guardianship? A paper isn't guardianship--that is granted by a court.

Q: I am 23 an physically disabled but want to move out from my parents Whts the legal way 2 do in pa

1 Answer | Asked in Civil Rights, Family Law, Health Care Law and Social Security for Pennsylvania on
Answered on Sep 5, 2017
Peter N. Munsing's answer
Depends on your competence level. Contact Community Legal Services to start with--see if they have a disabilty rights project.

Q: Can my fiancee sue for short term disability after she appealed with work and was still denied?

1 Answer | Asked in Appeals / Appellate Law, Employment Law, Personal Injury and Social Security for Pennsylvania on
Answered on Jul 18, 2017
Peter N. Munsing's answer
You should talk to a lawyer who handles those, however disability claim on migraines is very tough.

Q: I had a sad hearing and the vocation expert said I could only do light duty. Mailroom or housekeeping. Do I win the case

1 Answer | Asked in Social Security for Pennsylvania on
Answered on Jul 18, 2017
Peter N. Munsing's answer
If they said you could do light duty and that jobs existed for that, likely no.

Q: I want to buy a home and rent out part of it, how do I do this lawfully and abide by rules for SSD?

1 Answer | Asked in Real Estate Law, Landlord - Tenant and Social Security for Pennsylvania on
Answered on Jul 18, 2017
Peter N. Munsing's answer
Ask them for the brochure and rules. There should be examples that would guide you. Generally, you don't want to be "hands on." You do the repairs, then you are "active." it may be best to hire an agent who handles those aspects--eats in to the possible income but gets you out of a tangle with social security.

Q: Can Social Security Open a new disability claim for you without talking to you about it.

1 Answer | Asked in Social Security for Pennsylvania on
Answered on Jul 18, 2017
Peter N. Munsing's answer
Why not go into the office and ask them. In certain circumstances it's possible they may do him a favor.

Q: why did SSI request another continuing redetermination (financial) for third time in 6 months?

1 Answer | Asked in Social Security for Pennsylvania on
Answered on Mar 16, 2017
Peter N. Munsing's answer
Maybe something is raising red flags. Why not ask the worker"is there an expense or income item that is making this get reviewed so many times in a short period?" Worst that can happen is they don't say.

Q: I have a case coming up and I have to find some legal advice or representation. This is for a SSDI adjustment or review.

1 Answer | Asked in Social Security for Pennsylvania on
Answered on Aug 11, 2016
Peter N. Munsing's answer
Why not ask legal aid? For this type of thing there is often a fee if you use a private attorney. You need to explain why recoupment woiuld be "against equity and good conscience."

Q: Am I able to sell on Ebay with a pending Social Security Disability claim

1 Answer | Asked in Public Benefits and Social Security for Pennsylvania on
Answered on Aug 4, 2016
Peter N. Munsing's answer
Unless your e bay activities become "substantial gainful activity" it would have no significant effect.

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