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Pennsylvania Social Security Questions & Answers
1 Answer | Asked in Social Security for Pennsylvania on
Q: What is one's legal right when a local Social Security Office refuses to adhere to the SSA Act Guidelines

My SSA local office made a decision in the SSA Electronic Records on my Appeal, however, refuses to issue a written Decision Letter to me in adherence to the SSA Act. Of course, that letter is mandatory to enable me to proceed to the next Appeal Level, i.e. the Administrative Law Judge. The... View More

James L. Arrasmith
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answered on Mar 4, 2023

If you believe that your local Social Security Office is not adhering to the SSA Act Guidelines, you can file a complaint with the Social Security Administration. You can also contact your local congressperson or senator for assistance in resolving the issue.

It is important to note that...
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1 Answer | Asked in Social Security for Pennsylvania on
Q: Will social security withhold $6,000 or the updated amount of $7,2000?

Agreement for SSDI representation signed Aug 2021 states: "amount equal to 25% of the combined past due benefits awarded to Client and client's family, or the amount specified in 42 U.S.C. §406 (a) (Section 206 (a) of the Social Security Act), currently set at $6,000.00, whichever is... View More

Elizabeth Fowler Lunn
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answered on Dec 12, 2022

SSA should withhold the $7200 as that is the amount in the statute in your agreement and is less than the full 25%. The fee agreement states only that the fee set in that statute was currently capped at $6000. The agreement limits itself to the statute, not the dollar amount listed.

1 Answer | Asked in Social Security for Pennsylvania on
Q: I won SSI case from 3/21 to 6/22 I won after reconsideration but won’t get any back pay. Found disabled 6/22. Why don’t

Get any back pay but the 3 months

Elizabeth Fowler Lunn
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answered on Oct 14, 2022

You haven’t provided all of the dates but most likely this has to do with your application date. SSI benefits are paid starting the later of the first calendar month after the application was filed or the date SSA finds that you became disabled (usually called an onset date).

So if you...
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1 Answer | Asked in Social Security for Pennsylvania on
Q: Should I seek you as an attorney first? Or wait to see if I get denied?

I'm in the medical field for 37 years. Diagnosed with Major depressive disorder. I've had a psychiatrist and psychologist. Health care is killing me mentally. What are my chances of getting disability? I have to use my intermittent leave on some occasions. I'm 58.

Susan Michele Schaefer
Susan Michele Schaefer
answered on Feb 9, 2022

Talk to an experienced disability attorney first. Most offer a free initial consultation and will be able to discuss the particular issues about your claim. You can then decide if you want to hire an attorney to represent you. A common arrangement is contingency fee where the attorney will get paid... View More

1 Answer | Asked in Social Security for Pennsylvania on
Q: The Appeals Council started reviewing the decision issued by the ALj. Why are they reviewing the ALJ decision ?

I never asked for an appeal . Is it protocol for the Appeals council to review the Judge decision . Does this mean it was denied for them to review out of the blue? Thank you

Thomas Carter O'Brien
Thomas Carter O'Brien
answered on Dec 27, 2021

The Appeals Council can either review an ALJ decision because you requested the review, or they can review decisions of their own volition. In their review, the most common outcomes are to either agree with the ALJ decision, or they can remand the decision back to the ALJ for them to fix any... View More

1 Answer | Asked in Social Security for Pennsylvania on
Q: I'm 30 y.o. I'm receiving disabled adult child. If I go back to school am I always stuck at the amount of SSDI I makenow

I'm on disabled adult child with survivor benefits. If I choose to go back to school to make an actual living and I apply for SSD retirement benefits in 30 something years will my benefits match the ones I currently get because I "dipped" into social security already?

Elizabeth Fowler Lunn
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answered on Jul 7, 2021

Right now the amount you are paid is based off your parent’s earnings record. If you go to school and then work until you reach retirement age you will draw a retirement amount based on your own earnings record. Your current benefits will stop once you are deemed able to work by Social Security -... View More

1 Answer | Asked in Social Security for Pennsylvania on
Q: I retired from US Post Office i get my Civil Pension Plan . Social Security tells me, i can not get my Social Security

benifits, is this correct?. And if so, is their away to at least get my money that i put in over all the years that i worked?

Peter N. Munsing
Peter N. Munsing
answered on Jun 11, 2021

Depending on when you were hired, when you worked, what was taken out for what and paid where you may or may not get Social Security Retirement benefits of you may get them at a reduces level. Start by getting an explanation in writing from Social Security. Make sure you have your payroll records,... View More

1 Answer | Asked in Social Security for Pennsylvania on
Q: My lawyer received 50% of my back pay for his fee. Was he overpaid?
Peter N. Munsing
Peter N. Munsing
answered on May 25, 2021

answered on one of your other posts. The other thing he or she can claim for is costs.

1 Answer | Asked in Social Security for Pennsylvania on
Q: My ssi lawyer received 50% of my back pay in fees. Was he overpaid?

There was only one appeal and two court cases that he took part in.

Peter N. Munsing
Peter N. Munsing
answered on May 25, 2021

You have to look at the fee petition he filed. He should have sent you a copy. It's a question of what he did in terms of hours, the hourly fee (you have to match this with your fee agreement).

2 Answers | Asked in Social Security for Pennsylvania on
Q: My lawyer requested $9,000 on a fee petition but got almost twice that. Was he overpaid?

I received only a little more in back pay than my lawyer got in fees

Elizabeth Fowler Lunn
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answered on May 24, 2021

Attorneys cannot collect or charge a fee unless it is approved by Social Security. Many times all of the letters and decisions going back and forth, including the Notice of Award of your benefits as well as the decision regarding the fee petition can get quite confusing. Social Security often... View More

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1 Answer | Asked in Personal Injury and Social Security for Pennsylvania on
Q: I am an orphan who has been kept from exercises around my orphan also starved and robbed for my social security

Who do i contact law firm?...or officers my contact info ..my original bc my name is it in Philadelphia....

Tim Akpinar
Tim Akpinar
answered on Apr 20, 2021

This is really something that a Pennsylvania attorney familiar with child protection matters would know how to handle. I'm not certain if there is such a category here that deals with child welfare services or child protective services. The closest category might be Family Law - If you were... View More

2 Answers | Asked in Tax Law and Social Security for Pennsylvania on
Q: Unrecorded income

Hello,

Income I made from 1992 to 1994 was not recorded even if I filed my taxes for those years. I contacted my ex-employer and they gave me a confirm letter with my salaries for the years I worked, but the letter is not considered as proof by the social security office. I just dont know... View More

Steven J. Fromm
Steven J. Fromm
answered on Nov 15, 2020

If you have copies of your tax returns for those years, I would call the social security administration to see if they could update their records accordingly. If they cannot do it, then this gets to be a harder task. You could contact the IRS (good luck with that these days with their limited... View More

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1 Answer | Asked in Social Security for Pennsylvania on
Q: Can you get SSI if you are already collecting a spossal benefit for an adult disabled child? Thank you.
Emmett B. Irwin
Emmett B. Irwin
answered on Jun 18, 2020

It depends on how much the spousal benefit is per month, and how much other countable income you are receiving per month. Almost all income is "countable" for SSI purposes. If you have over a certain amount of income, you are not eligible for SSI.

1 Answer | Asked in Social Security for Pennsylvania on
Q: Entitlement to Social Security retirement benefits.

My Social Security retirement benefits payments ceased upon my incarceration in a state prison for a felony conviction. I was released on parole and transferred to the Immigration detention, where I spent one year before getting deported.

I understand I can't get paid during... View More

Peter N. Munsing
Peter N. Munsing
answered on Apr 23, 2020

Start by contacting the ACLU immigration project. https://www.aclu.org/contact-us/

2 Answers | Asked in Employment Law, Social Security, Workers' Compensation and Health Care Law for Pennsylvania on
Q: If you come down with Prostate cancer can you get disability

need a lawyer from Pennsylvania pittsburgh area

Scott F Bocchio
Scott F Bocchio pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 27, 2020

Hi, it is possible. Much of the case depends on the actual prognosis and treatment plan going forward.

Scott Bocchio, Esq.

855-254-7841

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1 Answer | Asked in Employment Law and Social Security for Pennsylvania on
Q: I worked for 24 years and then had to stop working for 7 years to take care of my sick husband who passed away in 2012.

I worked for 24 years and had to stop for 7 years to take care of my husband who was dying and on SSDI. He passed away in 2012 and I went back to work, after just 3 months I got hurt on the job and lost my thumb. I tried to go out on my own SSDI and they told me that I couldn't collect my SSDI... View More

Scott F Bocchio
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answered on Mar 18, 2020

Hi, I am very sorry to hear about your husband. You can begin to collect Social Security Retirement at 62 1/2. You will receive less by taking the money at age 62 1/2. If you waited until 67, you would receive a greater amount per month. You would never be able to apply for SSDI since your credits... View More

1 Answer | Asked in Social Security for Pennsylvania on
Q: SS disability and collateral estoppel. My disabled adult daughter was awarded SSI. I am about to retire. I am told

SSI will end and she had to apply for SSDI. Will she have to go through another medical evaluation? I am told the disability decision from SSI may carry over to SSDI not that it will carry over.

Peter N. Munsing
Peter N. Munsing
answered on Nov 26, 2019

It should carry over. Check with your county's disability advocate, or if your daughter has a specific condition with an association that works for people with that condition (e.g., the MS Society). Good luck!

1 Answer | Asked in Social Security for Pennsylvania on
Q: I am currently in SSI AND HAVE BEEN FOR 15 YRS. I have not been able to find a psychiatrist tthat accepts my medicaidHEL
Peter N. Munsing
Peter N. Munsing
answered on Oct 22, 2019

That may be because of your plans. Your county MH coordinator should be able to assist you. Because of the reimbursement rates and amount of paperwork involved it is very difficult for anyone on Medical Assistance to find Psychologists or Psychiatrists to help. Philhaven outpatient or similar may... View More

1 Answer | Asked in Social Security for Pennsylvania on
Q: Does SSI give written notice before changing your benefits? And how much notice is given?

I have started working and have reported it, but would like to know if I will receive my November check, as I have received no notice as of today. Thanks so much.

Peter N. Munsing
Peter N. Munsing
answered on Oct 22, 2019

Your best bet is to speak to someone at social security or the state. I assume you had some agreement when you began work as in a spend down plan?

1 Answer | Asked in Criminal Law, Federal Crimes and Social Security for Pennsylvania on
Q: Hey Will I go to jail for retail theft the items was only $39. I also have a prior retail theft in 2016 will I do jail ?
Cary B. Hall
Cary B. Hall
answered on Sep 23, 2019

Almost surely not. Probation.

Best of luck to you.

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