Social Security Questions & Answers

Q: Can a Notice of Errata be used to correct for factual error by the opposing litigant in civil case in fed distr Court?

1 Answer | Asked in Civil Litigation and Social Security for Arizona on
Answered on Apr 15, 2018
Joel Friedman's answer
I do not accept clients with United States District Court civil cases. My practice is limited to representation of individuals with Arizona work injury claims
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Q: Applied for disability it was denied. Went to appeal that will take another 3-6 months. I have Ataxia. On SSA website

1 Answer | Asked in Social Security for New Jersey on
Answered on Apr 14, 2018
H. Scott Aalsberg Esq.'s answer
Hi Scott:

Unfortunately many people get rejected, that should get approved thus the reason for us lawyers. However your appeal can take up to 1 year not just 3 to 6 months. I suggest you get a lawyer because obviously your medical proof was not enough and you only pay for your lawyer if you win out of your past due benefits.
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Q: I applied for Security Disability and application was denied. I went to appeal and can take 3-6 months

1 Answer | Asked in Social Security for New Jersey on
Answered on Apr 14, 2018
H. Scott Aalsberg Esq.'s answer
We cannot help you with monetary assistance but a lawyer can help you to file an appeal of the decision, if you are under 55 that may be the reason as to the denial, however we would need to know more information. IN any event an attorney can help you with this and the fee is generally 25% of the past-due benefits you are awarded, up to a maximum of $6,000
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Q: How do I get a Power of Attorney and Will completed for my brother that is physically and mentally disabled?

1 Answer | Asked in Family Law, Child Custody and Social Security for Florida on
Answered on Apr 3, 2018
Terrence H Thorgaard's answer
Being physically disabled is not a problem; a will and power of attorney can be done. But if he is mentally disabled he may not have the legal capacity to make a will or POA. Consult with an attorney regarding the specifics.
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Q: I get ssi can they still order me pay child support after I argued only income with judge?

1 Answer | Asked in Child Support and Social Security for Oklahoma on
Answered on Apr 3, 2018
Keegan Kelley Harroz's answer
Yes. You are required to pay child support even if you do not have any income. Under Oklahoma law, your income will be considered minimum wage ($1247 per month) or your actual gross income, whichever is higher.
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Q: What's the harshest penalty possible for social security disability fraud?

1 Answer | Asked in Social Security for Illinois on
Answered on Mar 30, 2018
Ray Choudhry's answer
They can put you in jail and make you pay it back.
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Q: I should be receiving SSI shortly, how much of the initial bulk payment can be garnished for Child Support arrears and

1 Answer | Asked in Child Support and Social Security for Pennsylvania on
Answered on Mar 21, 2018
Kathryn Hilbush's answer
SSI is not considered income in PA support cases.
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Q: Would My Spouse Be Qualified For Ssi For Being An Alcoholic At The Age 30?

1 Answer | Asked in Social Security for California on
Answered on Mar 15, 2018
Katherine Audrianna Roe's answer
If your husband is unable to work due to his mental conditions (depression and anxiety) he should apply for Supplemental Security Income (SSI) benefits. Social Security considers you to be disabled if 1) You cannot do work that you did before; 2) You cannot adjust to other work because of your medical condition(s) - meaning you can't do any other jobs even if it's not a job you have done in the past; and 3) Your disability has lasted or is expected to last for at least one year or to result in...
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Q: My son is a retired Marine who sustained injury in Iraq been denied three time for Social Security disability benefit

1 Answer | Asked in Social Security for California on
Answered on Mar 15, 2018
Katherine Audrianna Roe's answer
Your son should continue to appeal the denial. It's very common for claimants, including disabled veterans to be denied at the initial application and reconsideration levels. Your son's best chance for approval will likely be at the Administrative Hearing Level. I recommend that he contact a Social Security Disability attorney local to his area. A good attorney will help him gather the relevant medical documents and obtain statements from his doctors to submit to Social Security. An attorney...
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Q: What can I do If I have no money for Doctors, medicine and food after paying credit cards with SS?Can they take my SS?

1 Answer | Asked in Collections and Social Security for South Carolina on
Answered on Feb 26, 2018
D. Nathan Davis' answer
Your Social Security cannot be seized by a creditor to pay a bill. Unfortunately, a creditor may try to seize your money and then you may have to hire an attorney if a creditor does, in fact, seize your money.

You need to contact a local Legal Aid Office near you and schedule an appointment to meet with them. Hopefully, the Legal Aid Office can send letters to your creditors that explain that your only income is Social Security. If the creditor still tries to seize your money, then,...
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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 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.
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Q: Yes i was staying with some peaple i thought was my friends but have been robbing me for years and i was month to month

1 Answer | Asked in Identity Theft, Landlord - Tenant, Libel & Slander and Social Security for Ohio on
Answered on Feb 19, 2018
Joseph Jaap's answer
File a police report. They might help. Or contact your local legal aid, or sue the landlord in small claims court for wrongful eviction and the value of your things and the cost to find alternate living arrangements.
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Q: Does arears child support payments affect an adult disabled child's social security income?

1 Answer | Asked in Estate Planning, Family Law, Tax Law, Workers' Compensation and Social Security for Texas on
Answered on Feb 16, 2018
Terry Lynn Garrett's answer
Yes. Ask the court to enter an order that it must be paid into a special needs trust, an account with a master pooled special needs trust (such as the ARC of Texas Master Pooled Trust) or a combination of these with an ABLE account on which you have signatory authority (see www.stable.org). Money in these does not affect SSI. If the total is up to $15,000, an ABLE account is the least expensive option. The ARC of Texas Master Pooled Trust is next at $600 to establish and $400/year to...
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Q: Is the father responsible to pay child support if his son is receiving social security through him due to a disability?

1 Answer | Asked in Child Support and Social Security for Florida on
Answered on Feb 12, 2018
Rand Scott Lieber's answer
You can still pursue child support. The father will receive some amount of credit for the SSI received by the child.
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Q: W2 and w4

2 Answers | Asked in Employment Law, Tax Law and Social Security for New York on
Answered on Feb 11, 2018
V. Jonas Urba's answer
You must act now.

Call the New York State Department of Labor and report everything to them. If he fires you for doing that its retaliation and you can pursue a lawsuit.

If you don't straighten this out it can affect your social security benefits and retirement. Good luck. If you get fired you should be able to recover unemployment benefits for up to 6 months assuming you meet everything else.
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Q: my Mother lives with me in Texas can my sibling in Ohio have power of attorney over her and control her money?

1 Answer | Asked in Family Law, Elder Law and Social Security for Texas on
Answered on Feb 5, 2018
Terry Lynn Garrett's answer
No one can get a durable power of attorney over someone else's money. The person themselves must grant it. If your mother gave your sister a durable power of attorney, she can revoke it. If she now lacks legal capacity to manager her financial affairs (as testified by a doctor completing a Physician's Certificate of Medical Examination), you can apply for guardianship of her estate (also called conservatorship.) She may want to see an elder law attorney. You can find one in your area using...
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Q: Would you be able to help me with my Ssi I have been denied once case closed and help me get a divorce?

1 Answer | Asked in Divorce and Social Security for Michigan on
Answered on Feb 5, 2018
John Joseph Rizzo III's answer
Have you tried contacting a legal aid provider in Kalamazoo? Please move quickly because of the appeal deadline. Here is a link to one:

https://www.lawestmi.org/location/kalamazoo.

Legal aid should be familiar with both issues and you will want a local attorney to handle the issues.

You could also try to attend an Ask a Lawyer event run by the local bar association:

http://www.kpl.gov/law-library/ask.aspx
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Q: I’m on disability. I’ll be 65 this year. How will my benefits change. I’m also divorced

1 Answer | Asked in Social Security for Michigan on
Answered on Feb 2, 2018
John Joseph Rizzo III's answer
This answer assumes you are receiving SSDI, not SSI. If 65 is your full retirement age, you would be shifted from the SSDI to RSDI. Your payment amount would remain the same, it would just be paid from a different program. It will happen automatically and is really just an accounting entry for the SSA. If you have not qualified for Medicare yet, you would be signed up. If you were married for more than ten years and your ex-spouse is receiving retirement benefits that are higher than...
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Q: My mother in law receives SSI and NYS tax went into my husbands account and took all his savings. Is this legal?

1 Answer | Asked in Banking, Social Security and Tax Law for New York on
Answered on Jan 30, 2018
Michael David Siegel's answer
If it was a joint account, then no.
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Q: Concerning federal poverty level. Are disabled ssdi and veterans benefits countable income for poverty chart?

1 Answer | Asked in Employment Law, Social Security, Tax Law and Public Benefits for Michigan on
Answered on Jan 30, 2018
John Joseph Rizzo III's answer
I believe the answer could change based on the facts. For instance, many people use SSDI and SSI interchangeably when they are very different programs. If you receive SSI, you should be automatically eligible for the fee waiver. If you receive SSDI, that will probably count against you when looking at the federal poverty levels. Veterans benefits would be similar. A pension should automatically grant eligibility, but compensation would count against you. If you could confirm the benefits...
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