Lawyers, Answer Questions  & Get Points Log In

Pennsylvania Social Security Questions & Answers

1 Answer | Asked in Child Support and Social Security for Pennsylvania on

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

Hello, I had some questions regarding to Social Security. My father had passed away years ago an I had been given a death benefit check. I'm currently 17 years old as of December 9th, of 2018 and pregnant, and I haven't lived with my mother in years. Yet she still collects the check for herself. I... Read more »

Kathryn Hilbush answered on Feb 15, 2019

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... Read more »

2 Answers | Asked in Bankruptcy and Social Security for Pennsylvania on

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?

W. J. Winterstein Jr. answered on Jan 11, 2019

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...
Read more »

View More Answers

1 Answer | Asked in Social Security for Pennsylvania on

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

I got hurt on the job and had my arm crushed and lost my right thumb. I worked for 24 years with one company and then they closed so I found another job, worked there for 2 years and they closed. Then my husband got sick so I didn't work for about five years. After he passed away I found another... Read more »

Mark A. Buterbaugh answered on Sep 18, 2018

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,... Read more »

2 Answers | Asked in Adoption, Civil Litigation and Social Security for Pennsylvania on

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

I have repeatedly asked for my birth certificate and my social security card. I am 20 years old, live on my own, and am not allowed on his property, so retrieving it myself isn't an option. The only reason he is giving me is that I "have to turn from my sinful ways" i.e. leave my fiancee, and our... Read more »

Cary B. Hall answered on Jun 26, 2018

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... Read more »

View More Answers

1 Answer | Asked in Child Support and Social Security for Pennsylvania on

Q: I should be receiving SSI shortly, how much of the initial bulk payment can be garnished for Child Support arrears and

on what exact grounds?

Kathryn Hilbush answered on Mar 21, 2018

SSI is not considered income in PA support cases.

1 Answer | Asked in Social Security and Collections for Pennsylvania on

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?

I had luekimia when I was 2 year's old. My mother got SSI for me by saying that I was terminally when I wasn't. Why is that debt put on me now as am adult??

Peter N. Munsing answered on Feb 20, 2018

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.

1 Answer | Asked in Social Security for Pennsylvania on

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

She became ill May 2014 and we applied and was denied after appeals . New dr and is still unable to work any job

Peter N. Munsing answered on Feb 20, 2018

use the 2014 date. Suggest you use an attorney. If you need names of some call me.

1 Answer | Asked in Social Security for Pennsylvania on

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

Why do I need to do this? None of my friends had to.

Peter N. Munsing answered on Jan 25, 2018

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.....

3 Answers | Asked in Workers' Compensation, Constitutional Law and Social Security for Pennsylvania on

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

The same vocational evidence meaning my education and transfer skill, work experience has not changed. The only thing that changes is the Vocational Expert opinion that I could make more money. Employer is asking the WCJ to rerule on a case already adjudicated in a more harsh manner.... Read more »

Timothy Belt answered on Dec 12, 2017

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... Read more »

View More Answers

1 Answer | Asked in Family Law, Child Custody and Social Security for Pennsylvania on

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.

My ex wife is abusing our son's social security benefits. He lives with me full time and it's mutually agreed upon but she is still his representative payee. She gives me $100/month out of over $700. He has spent 1 weekend at her house in the last 4 months and only 1 other day. She asked us to... Read more »

Stephanie E. Emanuel answered on Dec 3, 2017

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... Read more »

2 Answers | Asked in Workers' Compensation and Social Security for Pennsylvania on

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

Richard Alan Jaffe answered on Nov 21, 2017

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,...
Read more »

View More Answers

1 Answer | Asked in Family Law and Social Security for Pennsylvania on

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

Peter N. Munsing answered on Sep 12, 2017

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.

1 Answer | Asked in Civil Rights, Family Law, Health Care Law and Social Security for Pennsylvania on

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

There controlling I cn t take it they steal my ssi an disability checks they threaten me with cops tell me cops will force me 2 come back

Peter N. Munsing answered on Sep 5, 2017

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?

My fiancee developed chronic migraines and had paperwork from the state saying that she was unable to work. She tried to go back to work but it was too much for her and she ended up having to leave early and call off. I myself ended up at the end of my attendance points from having to leave early... Read more »

Peter N. Munsing answered on Jul 18, 2017

You should talk to a lawyer who handles those, however disability claim on migraines is very tough.

1 Answer | Asked in Social Security for Pennsylvania on

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

Peter N. Munsing answered on Jul 18, 2017

If they said you could do light duty and that jobs existed for that, likely no.

1 Answer | Asked in Real Estate Law, Landlord - Tenant and Social Security for Pennsylvania on

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?

I am interested in being a landlord, or rather buying a home a renting part of it. I also collect social security disability plus work part time. I am only allowed to earn a certain income in total, and with my job I am almost there; but I was told that I could earn passive income at any amount,... Read more »

Peter N. Munsing answered on Jul 18, 2017

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... Read more »

1 Answer | Asked in Social Security for Pennsylvania on

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

My husband has an appeal on his disability case, his doctor turned in his info and he just found out that they opened a new claim on him. What I don't understand why they opened a new claim when he has an existing case that he had with them for 6 years and they never even told him they opened a new... Read more »

Peter N. Munsing answered on Jul 18, 2017

Why not go into the office and ask them. In certain circumstances it's possible they may do him a favor.

1 Answer | Asked in Social Security for Pennsylvania on

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

My son was a micro-preemie that resulted in various disabilities. He is 4 currently. We had a review ( medical) in 2015 and we had a lawyer as they tried to take him off SSI at that time. After the hearing all was well. In September 2016 we received a letter for a redetermination (... Read more »

Peter N. Munsing answered on Mar 16, 2017

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.

1 Answer | Asked in Social Security for Pennsylvania on

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.

It's for overpayment. How much does it usually cost to have representation for this kind of case.

Peter N. Munsing answered on Aug 11, 2016

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."

1 Answer | Asked in Public Benefits and Social Security for Pennsylvania on

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

I won't go in front of a judge until next summer or shortly thereafter.

Peter N. Munsing answered on Aug 4, 2016

Unless your e bay activities become "substantial gainful activity" it would have no significant effect.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.