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Social Security Questions & Answers
1 Answer | Asked in Workers' Compensation and Social Security for North Carolina on
Q: How does a lump sum worker's compensation settlement affect future SSDI monthly payments? Please see details.

Hello! My husband received a WC lump sum settlement of 155,000.It was structured that he will "receive" $119/wk for the next 25 years.(even though he already received it all in one sum) He made around $80k per year when working. If he files and wins his SSDI case, his monthly payment will... Read more »

David Gantt
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David Gantt
answered on May 24, 2022

Social Security Administration will not permit individuals to receive more than 80% of pre-injury monthly gross earnings from combined Workers' Compensation (WC) and Social Security Disability (SSD) payments. This policy was enacted to avoid the situation where injured workers are making more... Read more »

1 Answer | Asked in Social Security for Florida on
Q: Is a SsA representative payee allowed to marry the beneficiary they represent or will it. Cause issues?
Susan Michele Schaefer
Susan Michele Schaefer
answered on May 22, 2022

There is no restriction about a beneficiary being married to the person who is their representative payee. In fact, Social Security prefers to appoint a responsible relative, friend, or other interested party to serve as a representative payee, then they consider others, such as an organization to... Read more »

1 Answer | Asked in Medical Malpractice and Social Security for Minnesota on
Q: Is it possible to get a lawyer to HELP ME?? S.O.S‼️‼️ My case will be dismissed soon without one. I was massacred!

I had applied for disability in 2015, and the Social Security Administration did a long & full review of everything and decided that in 2015, 2016, and 2017 I was NOT disabled -UNTIL- after my two 'botched' surgeries in 2017. Since then, I have been extremely physically sick, I still... Read more »

Tim Akpinar
Tim Akpinar
answered on May 15, 2022

I'm sorry your question remains open for three weeks. You describe an urgency in terms of time. At this point, you could reach out to law firms to try to set up a free initial consult instead of losing further time awaiting a response here.

For the disability-related matter, you could...
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1 Answer | Asked in Social Security for Indiana on
Q: If my wife receives SSDI and withdrawals from 401k will she lose her benefits

Do we need to report the withdrawal to SSDI

Susan Michele Schaefer
Susan Michele Schaefer
answered on May 14, 2022

No, your wife would not lose her SSDI benefits if she withdraws from her 401k retirement. Since individual retirement plans have no effect on SSDI eligibility, your wife would not have to report 401k withdrawals to Social Security. She would report things such as her new address if she moves or a... Read more »

1 Answer | Asked in Civil Rights, Health Care Law, Public Benefits and Social Security for Texas on
Q: What law sections and codes do I look for when I am have lung agenesis ICD 10 code Q33.3 which is nationally covered ssa

Im 36 born with lung agenesis aka only one lung, I have severe mental health issues, I have the required amount of work credits and my ICD 10 code Q33.3 is nationally covered under the Americans with disabilities act but the ssa says that my condition is not as severe as I think it is. The... Read more »

Elizabeth Fowler Lunn
PREMIUM
Elizabeth Fowler Lunn
answered on May 8, 2022

You can read the regulations related to Social Security regulations to see how Social Security considers claims for disability benefits. SSA is making a decision as to whether your medical issues are so severe that they prevent you from doing all work that exists in the national economy. The ICD 10... Read more »

1 Answer | Asked in Social Security for Texas on
Q: I am 59 years old, I am 100% P&T disabled through the VA. I am needing to file for SSDI, should I hire someone to help.
Susan Michele Schaefer
Susan Michele Schaefer
answered on Apr 27, 2022

Yes, it is usually better to hire an experienced disability attorney to help you with your SSDI claim because the administrative process can be complex. Social Security does not approve many cases at the initial level and many people have to appeal their claim. Data has shown that your chances of... Read more »

1 Answer | Asked in Social Security for Texas on
Q: I'm on dialysis and, I receive SSDI I'd like to start a small business is this possible?
Susan Michele Schaefer
Susan Michele Schaefer
answered on Apr 20, 2022

Yes, you can do a some work and still get SSDI benefits. The Social Security encourages work activity and there are special program rules and work incentives that help you try to return to work while still receiving monthly disability payments. Impairment-related work expenses, items or services... Read more »

1 Answer | Asked in Social Security for Missouri on
Q: Ive filed for disability. Should i not be working while they deliberating or try to work during the process
Elizabeth Fowler Lunn
PREMIUM
Elizabeth Fowler Lunn
answered on Apr 19, 2022

If you are able to work at a substantial gainful activity level then you will not be found to be disabled.

1 Answer | Asked in Social Security for Florida on
Q: Social Security law and veteran of war/combat veteran

The Commissioner’s decision was based on legal error. (Identify all legal errors.) Social Security law regarding disability

Elizabeth Fowler Lunn
PREMIUM
Elizabeth Fowler Lunn
answered on Apr 18, 2022

I’m not sure what you are asking. Did you file an appeal and this is the in the appeal decision? Or are you looking for someone to file an appeal for you based on legal errors in a decision? If you can provide more information about your situation then I may be able to provide you with an answer... Read more »

1 Answer | Asked in Personal Injury, Health Care Law and Social Security for Arkansas on
Q: Hello I recently was kicked out of my sisters I retrieved everything but clothes and personal files from health records

Other then health records there is legal government and social security documents I’m being denied to is there something I can do to get those back it’s been a month since I been kicked out

Tim Akpinar
Tim Akpinar
answered on Apr 16, 2022

An Arkansas attorney could advise best, but your question remains open for two weeks. I'm sorry for your difficult situation. You could consult with a local attorney about options, but in these types of settings, there's no telling what happens to such records. Your first inexpensive... Read more »

2 Answers | Asked in Employment Law, Personal Injury, Workers' Compensation and Social Security for California on
Q: Hello I've been suffering from anxiety and I get panic attacks. Can I qualify for disability and who can help me?

Hello I have 2 weeks without working and i work in construction and when I don't work due to anxiety I don't get benefits. I have 2 kids and my wife and I dont know what to do with this anxiety that doesn't let me work due to panic attacks. It all started almost 4 years ago when my... Read more »

Kelvin K. Lee
PREMIUM
Kelvin K. Lee
answered on Apr 11, 2022

Dear Sir,

You may be eligible for State Disability Insurance (SDI) from the California Employment Development Department (EDD) if you apply within 49 days of the date you were last able to work. It will pay a percentage of your salary for up to 12 months. You will have to initiate this...
Read more »

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1 Answer | Asked in Social Security for Oklahoma on
Q: Hi , my daughter has been sick since she was 12 years old ,she was 44 at her death, she has a rare form of MS,

She has been on SSI since she was 19 ,she never worked, she has a 14 yr old son , I was told he would not qualify for survivor benefits cause she never worked , is this tru

Elizabeth Fowler Lunn
PREMIUM
Elizabeth Fowler Lunn
answered on Apr 7, 2022

Typically a child is not eligible for benefits unless the deceased parent worked and was eligible for benefits on their own work record. If your daughter was on SSI then her child would not be eligible for benefits on her record. The child may be eligible for benefits on their father's record... Read more »

1 Answer | Asked in Family Law and Social Security for Michigan on
Q: If I am married, but my spouse left me 22 years ago. We are both retired.He has a pension and receives social security.

Do I have any legal claim to his benefits.

Brent T. Geers
Brent T. Geers
answered on Mar 31, 2022

Quite likely. You are married until you are not. Living apart and hoping the marriage goes away does not work.

1 Answer | Asked in Social Security on
Q: My grandson just lost his fingers on both hands and I was trying to get him some help with Disability. Can you help him.
Susan Michele Schaefer
Susan Michele Schaefer
answered on Mar 30, 2022

I am sorry to hear about your grandson's severe injury. Loss of fingers can be quite limiting and may result in meeting the definition of disability. For adults, Social Security law defines disability as the inability to do any substantial gainful activity by reason of any medically... Read more »

2 Answers | Asked in Bankruptcy and Social Security for Wisconsin on
Q: Can you file bankruptcy on a social security disability judgement for repayment?

Owing the Social Security Administration a certain amount money, can you file bankruptcy if you cannot afford to pay that amount back?

Timothy Denison
Timothy Denison
answered on Mar 29, 2022

You can file but it is in all probability, nondischargeable.

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1 Answer | Asked in Social Security and Elder Law for Ohio on
Q: My husband has a large pension/401k retirement fund as well as Social Security(SS). I am the sole beneficiary.

I only have Social Security. We are both 68 and retired. If he goes to a nursing home in the future, does all of his SS as well as pension/401k go to his nursing home bill, while I am left to struggle to make ends meet on just my SS?

Moshe Toron Esq
Moshe Toron Esq
answered on Mar 19, 2022

In Ohio, there are Medicaid rules in place to protect the community spouse. This includes rules regarding a fair split of all the income, as well as special rules regarding protecting a 401k.

However, there is a lot of confusion out there regarding the rules.

It is imperative that...
Read more »

2 Answers | Asked in Criminal Law, Federal Crimes, Military Law and Social Security for Texas on
Q: I need a lawyer to review some evidence I have to decide if I have a credible case and what the fee might be.
Elizabeth Fowler Lunn
PREMIUM
Elizabeth Fowler Lunn
answered on Mar 9, 2022

You don't mention what type of case you are asking about. If it is a claim for service-connected compensation, I or another attorney can review your case and no attorney can charge you for that. The same is true for a Social Security disability claim. An attorney can discuss the case with you,... Read more »

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1 Answer | Asked in Social Security for California on
Q: my wife was been a homemaker and caregiver ,can she get s. s thru me if i'm still working with insurance

i'm 62 and my wife is 65

Stanley Dale Radtke
Stanley Dale Radtke
answered on Mar 9, 2022

The Social Security Website has some basic information about your question. Kindly take a look.

https://www.ssa.gov/benefits/retirement/planner/applying7.html

"Even if they have never worked under Social Security, your spouse may be eligible for benefits if they are at least 62...
Read more »

1 Answer | Asked in Social Security for California on
Q: My daughter 21 is not disabled, and my husband was 47 when he committed suicide. I have learned about widows benefits.

There’s nothing his family can do or with hold from me or take me to court for.

Elizabeth Fowler Lunn
PREMIUM
Elizabeth Fowler Lunn
answered on Feb 27, 2022

How his assets and debts are handled depend on the state law where he lived. You need to speak to an estate planning attorney to know what you may be responsible for in terms of his debts and whether you or your daughter would be entitled to any inheritance. These issues are not related to social... Read more »

1 Answer | Asked in Social Security for California on
Q: My husband just committed suicide his family wants me to sign over his SSI to our daughter 21, do I have to? Laws? Rule?

We married in 1998 separated in 2001 but never finalized the divorce. Word is our daughter is going to ask me to sign over his SSI, is this something that I need to get a lawyer for? Can his family require me to do so? Wouldn’t our daughter qualify for the Child SSI? Or is his SSI held because of... Read more »

Elizabeth Fowler Lunn
PREMIUM
Elizabeth Fowler Lunn
answered on Feb 27, 2022

There is no such thing as "signing over" SSI. If your husband was receiving Social Security disability or retirement benefits, those stopped with his death. If your adult daughter has been receiving benefits from his earnings record because she is disabled, those can continue. But no one... Read more »

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