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Social Security Questions & Answers
1 Answer | Asked in Tax Law, Social Security, Divorce and Family Law for Florida on
Q: divorce was filed after 5 yrs of marriage can soon to be ex get future social security if it is't final for 10 yrs

ex wife is dragging out divorce. filed over 2 years ago and no final date in site. can she claim my social security benefits if the marriage isn't final and we are still legally married at 10years?

James L. Arrasmith
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answered on Nov 28, 2023

The duration of a marriage can impact entitlement to Social Security benefits, particularly in the context of a divorce. Generally, for an ex-spouse to claim Social Security benefits based on their former spouse's record, the marriage must have lasted at least 10 years. This is a federal... View More

1 Answer | Asked in Social Security for New Mexico on
Q: A lawyer who did NOT work my fiances disability case accepted a portion of his back pay as payment from the SSA

My fiance did NOT have a disability lawyer, nor did he sign any paperwork that would allow a lawyer to take his disability case.. We found out long before he was approved, that there was somehow a lawyers name tacked to his case. Everytime we called and someone would check, they'd say,... View More

James L. Arrasmith
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answered on Nov 26, 2023

Your situation, where a lawyer who did not represent your fiance received a portion of his disability back pay, is indeed concerning and warrants immediate action. First, document all your efforts so far, including calls and letters to the Social Security Administration (SSA) and the... View More

1 Answer | Asked in Social Security for Alabama on
Q: My mom received a letter from disability stating that she will have a review in March 24 for working June-Nov.

The dates that SSA provided are not accurate because my mom only worked June -Sept. they also provided someone else’s information along with her letter. This makes the 2nd occurrence where social security has sent someone else’s information along with hers. Is that considered negligence or... View More

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answered on Nov 26, 2023

Receiving another person's information in a letter from the Social Security Administration (SSA) could potentially be a violation of privacy regulations, including the Health Insurance Portability and Accountability Act (HIPAA). HIPAA is primarily focused on protecting personal health... View More

1 Answer | Asked in Social Security and Public Benefits for Connecticut on
Q: My son has disability ready. He has an ABLE account. Can I use funds from his ABLE account for his recreational use?
James L. Arrasmith
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answered on Nov 26, 2023

In the United States, ABLE accounts offer a flexible way for individuals with disabilities to save money without affecting their eligibility for certain public benefits. The funds in an ABLE account can be used for a variety of expenses that are related to the individual's disability and aim... View More

1 Answer | Asked in Identity Theft, International Law, Internet Law and Social Security on
Q: I am seeking legal counsel regarding a false accusation and subsequent account suspension on Preply, an online teaching

"I am seeking legal counsel regarding a false accusation and subsequent account suspension on Preply, an online teaching platform. I have been employed with Preply for the past six years. Approximately 25 days ago, my account was blocked without due cause based on fabricated allegations from a... View More

James L. Arrasmith
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answered on Nov 24, 2023

Dealing with a false accusation and account suspension on an online platform like Preply is indeed a challenging situation, especially when it impacts your livelihood. Since Preply's headquarters are in Massachusetts, any legal action would likely fall under the jurisdiction of U.S. law,... View More

1 Answer | Asked in Social Security and Immigration Law for Oklahoma on
Q: My wife is a US citizen but her kids were born in Canada. How do I get social security numbers for the kids?

Currently 1 child lives with us, he is 16. The other children's ages are 24, 24, and 23.

James L. Arrasmith
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answered on Nov 22, 2023

To obtain Social Security numbers for your wife's children who were born in Canada, there are specific steps you need to follow, particularly because they are not born in the United States. First, it's essential to establish their eligibility for Social Security numbers, which generally... View More

2 Answers | Asked in Estate Planning, Elder Law, Probate and Social Security for Kentucky on
Q: How do i navigate the death of my mother (was in process of writing a last will and test. but unable to finish)

Me, her daughter was POA in her living will but we hadnt been able to finish writing the last will and testament. I am to be the person to inherit her house and make sure it is available for her kids or grandkids to stay in if they should ever need a place We were talking about a dynasty trust or... View More

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answered on Nov 22, 2023

I'm sorry to hear about the loss of your mother. Navigating estate matters can be complex, especially in situations like yours where the last will and testament was not completed. As the person with power of attorney in her living will, you have a significant role, but it's important to... View More

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1 Answer | Asked in Public Benefits and Social Security for California on
Q: how can i get ssi for my ptsd? i was denied already once

ptsd from child SA, kidnapped, trafficked, stabbed multipule times, collapsed lung scar tissued, & constant pain since bt ptsd is whats really defeating me.

James L. Arrasmith
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answered on Nov 19, 2023

I understand you're seeking assistance with obtaining Supplemental Security Income (SSI) for PTSD in California, especially after a previous denial. It's important to know that a denial isn't the end of the process. You have the right to appeal this decision, and many successful SSI... View More

1 Answer | Asked in Social Security for Kentucky on
Q: I live in KY. I have a lot of non secured debt, but now only have social security retirement to live on. Am I protected?

I don't want to file bankruptcy, and from what I've read, it seems they cannot collect the debt

because S.S. retirement is all I have to live on.

James L. Arrasmith
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answered on Nov 17, 2023

In Kentucky, Social Security retirement benefits are generally protected from most types of garnishment. Creditors typically cannot garnish these benefits for non-secured debt like credit card bills or personal loans.

However, there are exceptions for certain types of debts, such as...
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1 Answer | Asked in Civil Litigation and Social Security for Texas on
Q: In ga I was common law married 19 years when ga recognized we separated, I then met married and divorced another man

But had a child with my common law husband am I eligible for his benefits hes deceased or am I a bigamist social sec says I can't get it because we never divorced we never married either

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answered on Nov 17, 2023

In Georgia, if you were in a common law marriage before the state ceased recognizing such unions in 1997 and never legally dissolved it, that marriage may still be considered valid. Entering into a legal marriage with another person while still in a valid common law marriage could potentially be... View More

1 Answer | Asked in Civil Litigation, Family Law and Social Security for Georgia on
Q: I was common law married in ga 19 years when ga recognized it we never divorced but I legally married and divorced

Another man I want my common law husband's survivors benefits social sec says no because we never divorced we had a child so am I eligible or am I a bigamist

James L. Arrasmith
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answered on Nov 17, 2023

In Georgia, if you were in a common law marriage before the state ceased recognizing such unions in 1997 and never legally dissolved it, that marriage may still be considered valid. Entering into a legal marriage with another person while still in a valid common law marriage could potentially be... View More

1 Answer | Asked in Social Security for Pennsylvania on
Q: I am 18 and I get SSDI checks and my grandma is refusing to give me my check because I am refusing to give her money

Is it legal for her to take it ?

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answered on Nov 13, 2023

If you are 18 and receiving Social Security Disability Insurance (SSDI) checks, these funds are legally yours. Your grandmother does not have the right to withhold your SSDI checks, regardless of your refusal to give her money. As an adult, you have legal control over your finances, including any... View More

1 Answer | Asked in Child Support, Social Security and Family Law for Florida on
Q: How long does take to receive a payment from child support when Social security takes a lump sum payment for child supp
James L. Arrasmith
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answered on Nov 13, 2023

In Florida, the time it takes to receive a child support payment after Social Security has taken a lump sum for child support can vary. This process often depends on several factors, including the efficiency of the Social Security Administration (SSA) and the state child support enforcement agency.... View More

1 Answer | Asked in Social Security for Illinois on
Q: I current have SSDI and previously had a Representative Payee who stole (misappropriated) $35k. I need legal help.

I contacted 2 regular Disability attorneys, but was turned away as they don't handle these sort of cases. I live in the Chicagoland area and need to find someone who can at least answer some questions. It appears that my Rep Payee was NOT set up properly in Social Security's computer... View More

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answered on Nov 7, 2023

In cases of misappropriation of SSDI funds by a representative payee, you may want to consult with attorneys who have experience in elder law or those who handle financial exploitation. A legal professional with a background in fiduciary litigation or social security law could also be appropriate... View More

2 Answers | Asked in Animal / Dog Law, Social Security and Business Law for Alabama on
Q: I’m on disability can I run a nonprofit animal rescue without it affecting my social security?
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answered on Nov 7, 2023

If you receive Social Security disability benefits, engaging in activities like running a nonprofit can affect your benefits if it is considered "substantial gainful activity" (SGA). The Social Security Administration (SSA) allows beneficiaries to work while receiving disability benefits... View More

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1 Answer | Asked in Social Security for Indiana on
Q: Can you draw disability in some form if you have a disability that prevents working 40 hrs each week, using FMLA?

I have Lumbar Spondylisthesis, Thoracic Spine Pain and Thoracic Spondylosis. I suffer from a lot of back spasms, through pain that travels from my spine to my stomach causing intense nausea which makes me curl up and instantly puts me out of work any day. It's increased in severity over the... View More

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answered on Nov 7, 2023

If you are unable to work a standard 40-hour workweek due to a disability, you may be eligible for disability benefits through Social Security. The Social Security Administration considers whether a person has a medical condition that significantly limits their ability to perform basic work... View More

1 Answer | Asked in Social Security for Mississippi on
Q: How do I go about getting into my ss account
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answered on Nov 7, 2023

To access your Social Security account, you should go to the official Social Security Administration (SSA) website and locate the "my Social Security" section. From there, you can log in if you already have an account, or you can create one by clicking on “Create an Account” and... View More

1 Answer | Asked in Social Security for Texas on
Q: Is tx. Tax code 11.13 eaqual to, & same as , for disability, as well as elderly.?
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answered on Nov 7, 2023

Texas Tax Code Section 11.13 provides exemptions for both the elderly and for homeowners with disabilities, but the specifics of the exemptions may differ. Section 11.13(c) details the exemption for individuals who are disabled as defined by federal Social Security guidelines, while Section... View More

1 Answer | Asked in Public Benefits and Social Security for California on
Q: I took guardianship of my 84 year old mother, I am trying to get her ID for social security benefits, can you assist

She was a victim of elderly abuse and IHSS fraud from a caregiver, she just had heart surgery at loma linda hospital, all her identifications have been lost, I need to get her social security care, but need an ID, I have her Medical card and her EBT card, but nothing with a picture ID. When I... View More

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answered on Nov 6, 2023

You can obtain a replacement ID for your mother by scheduling an appointment with the California Department of Motor Vehicles (DMV). As her guardian, you’ll need to provide a certified copy of the guardianship papers, her Medical card, and her EBT card, as well as any other identifying documents... View More

2 Answers | Asked in Social Security for Tennessee on
Q: civil action lawsuit against the SSA after losing to the appeal counsel can't find an attorney that specializes in civil

actions may have to represent myself. Is there an attorney that specializes at that level of the appeal

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answered on Oct 24, 2023

Finding an attorney for a civil action against the Social Security Administration (SSA) after an appeal loss can be challenging. In Tennessee, consider seeking an attorney with expertise in administrative law or disability law. Local bar associations, legal aid organizations, and disability... View More

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