Social Security Questions & Answers

Q: Are there protection laws for back pay or funds received from SSDI that a person took and invested ?

1 Answer | Asked in Civil Rights, Gov & Administrative Law, Public Benefits and Social Security for Texas on
Answered on Apr 16, 2019
Roy Lee Warren's answer
THANK you for an excellent question. I believe you and I would get along great. The situation of which you speak is one of the more ridiculous scenarios of SSI in my opinion. However I am sure it makes sense to those that wrote the law. SSI benefits are based on need so if the person that receives the SSI benefits improves their economic situation (for example wins the lottery) the benefits are terminated. If the person is able to save their SSI benefits (rather than spending them) even the...

Q: Hi, I have to give back money to Social Security. It is money that I don't have. I feel it's not my fault.

1 Answer | Asked in Social Security for Connecticut on
Answered on Apr 9, 2019
Katelyn M. Burke's answer
You have a few options here. If you do not think you were overpaid, you can request a reconsideration of the determination. If instead, which it sounds like here, you believe you may have been overpaid, but it is not your fault, you can ask for a waiver of the overpayment and complete SSA Form 632, Request for Waiver of Overpayment Recovery. You also have the option of asking both for a reconsideration and waiver. The important thing is that you take timely action on this matter. If you worked...

Q: SSDI asked for information to make a fully favorable decision on the record, after being denied, is that good news?

1 Answer | Asked in Social Security for Virginia on
Answered on Apr 8, 2019
Jerry Lutkenhaus' answer
Since he is over 55 with less than a high school education and he cannot do his prior work, he should have a great chance. I base this opinion on 35 years of Social Security Disability practice in the Richmond, Virginia area.

Q: how hard is it to collect ssdi at 62

2 Answers | Asked in Social Security for Connecticut on
Answered on Apr 6, 2019
Peter N. Munsing's answer
Depends entirely on your change in abilities and how that affects your employment. Remember, it's not the inability to do your old job but you have to be unable to do any job that exists for medical reasons. Is there a reason why you can't, for example, take tickets at a parking lot?

Q: Hi I am 21 year old. My parents are holding my birth certificate and social security card . What should I do?

1 Answer | Asked in Social Security for New York on
Answered on Apr 6, 2019
Peter N. Munsing's answer
Go to Social Security for a replacement card. Ask your parents if they will give you a photocopy of the certificate which will speed up your getting the certificate. Ideally, see if there is a relative who they will listen to who will intervene, at least get them to give you copies of the birth certificate.

Q: I retired at 65 (7/18) My ex (46) wants to impute my wages and impose a work search order to an amount I've never made.

1 Answer | Asked in Family Law, Child Support and Social Security for California on
Answered on Apr 3, 2019
Andy Cook's answer
A spousal support payor may not be forced to keep working beyond the age of 65 just to be able to keep paying spousal support. It is error to impute income to the payor after the age of 65 as to W-2 earnings or self-employment earnings. The court may only look at what you are actually receiving, such as retirement, social security, etc.

Q: Can an elderly disabled women be evicted for having a caregiver stay with her and for feeding stray cats?

1 Answer | Asked in Civil Rights, Constitutional Law, Consumer Law and Social Security for New Jersey on
Answered on Mar 28, 2019
Madeline Houston's answer
Based on the facts provided thus far it appears that your mother may well have rights under various federal and state laws regarding disabled persons that are being violated. More facts are needed to make a determination as to your mother's options. You should promptly contact an attorney and provide all the facts.

Q: Which parent will receive disability benefits for the minor children?

1 Answer | Asked in Civil Rights, Social Security, Divorce and Family Law for Louisiana on
Answered on Mar 16, 2019
Ellen Cronin Badeaux's answer
The custodial parent receives the children's benefits as long as a copy of the Custody Judgment has been sent to the agency.

Q: Good morning, my name is Wayne, and I'm trying to get on social security disability because of a few illnesses

3 Answers | Asked in Personal Injury, Sexual Harassment and Social Security for California on
Answered on Mar 15, 2019
William John Light's answer
You will need to consult with a Social Security Disability attorney about your specific case. Justia is for a general response, a starting off point. You are well beyond that. A simple internet search for SSDI attorneys near you will get you the contact information of attorneys than can advise you.

Q: PLEASE DIRECT ME IN FINDING AN ATTORNEY, FOR MY SITUATION TO FIND OUT IF I AM DIVORCED, IF NOT GET ONE.

1 Answer | Asked in Child Support, Divorce and Social Security for Hawaii on
Answered on Mar 14, 2019
Robin R. Gregory's answer
It depends what you are trying to do, what type of attorney you need. From your post, I guess you are trying to not pay the $23K child support. You ask if you are divorced. You can call the Family Courthouse and ask the clerk to look up a possible divorce under your name and your spouse's name. I will guess there is an order of the court, ordering you to pay child support and you are in arrears (have not payed, also called "back child support"). The best time to modify a child support order is...

Q: I am a disabled man on SSI. I am on Medicaid. I'm in rehab for a stroke in 5/18 I received a small inheritance

1 Answer | Asked in Estate Planning, Elder Law and Social Security for New York on
Answered on Feb 21, 2019
Michael David Siegel's answer
While technically this should be declared to Medicaid, it is too modest a sum for anyone to chase after you. Just deposit the check.

Q: My daughter is going to be turning 5 years old her father finally stepped up to the plate he gets SSDI benefits

1 Answer | Asked in Social Security and Child Support for Rhode Island on
Answered on Feb 16, 2019
Neville Bedford's answer
Happy birthday to your daughter. Here is some info

https://secure.ssa.gov/poms.nsf/lnx/0410115030

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

1 Answer | Asked in Child Support and Social Security for Pennsylvania on
Answered on Feb 15, 2019
Kathryn Hilbush's answer
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 grandmother could file for child support against your mother at your county Domestic Relations Office. The SS benefits would be taken into account when an order was entered against your mother.

Q: What's the best way for me to find an attorney to represent me in a fraud/wrongdoing case against me & a deceased party

4 Answers | Asked in Criminal Law, Civil Litigation, Nursing Home Abuse and Social Security for Virginia on
Answered on Jan 30, 2019
Daniel P Leavitt's answer
If you're alleging someone was killed then the police and prosecutor would handle that on the criminal law side of your question.

Q: I need representation for probate of my mother's estate. I need someone who deals with special needs trusts

1 Answer | Asked in Estate Planning, Arbitration / Mediation Law, Civil Rights and Social Security for Maryland on
Answered on Jan 24, 2019
Mark Oakley's answer
Try to find a lawyer in the jurisdiction where the estate is filed, for convenience. Most estate lawyers understand special needs trusts. You cannot solicit (and attorneys cannot solicit) business on this site per the site rules. You can, however, call lawyers who answer questions on this site, and discuss your case, or use the search function for locating a lawyer in your area to call. Then you can make arrangements to meet with and hire a lawyer.

Q: Recently, my mother was turned down for SSI because of alimony, but is completely disabled.

1 Answer | Asked in Social Security for New York on
Answered on Jan 23, 2019
Cristina M. Lipan's answer
She may be able to file SSD against ex husband's credits. She would not be eligible for SSI if she has income or more than $2000 in assets, regardless of severity of the medical conditions.

https://www.nolo.com/legal-encyclopedia/social-security-dependents-benefits-spouses-disability-recipients.html

Q: Can I receive SS benefits on her record when I am age 62, or will I have to wait until she is 62 and I am 68?

1 Answer | Asked in Social Security for Texas on
Answered on Jan 22, 2019
Dustin Draper's answer
I would need to know some additional details before I could conclusively answer this question. However, generally speaking in order to receive benefits derived from the account of a divorced spouse they themselves have to be eligible for Social Security (either through reaching retirement age or becoming disabled themselves). I hope this helps.

Q: Hello! I am in need of a SSI Disability lawyer. Is there anyone here that can help me?

1 Answer | Asked in Social Security for Georgia on
Answered on Jan 22, 2019
Dustin Draper's answer
It's a great idea to hire an attorney to help you fight your Social Security Disability benefits. I recommend you look up an attorney that is familiar with the judges in your area. I also recommend you find an attorney that has a good reputation for treating clients well (reviews are great for this). I hope this helps, good luck!

Q: My ssi case went through determination and a decesion was made and now its in the review process, what does that mean..

1 Answer | Asked in Social Security for Oklahoma on
Answered on Jan 22, 2019
Samuel Wade Packard's answer
I'll need a little more details to know for sure what the status of your case is. However, I can say that usually once a decision is made on your case, it is sent back to the SSA field office and they issue the decision letters in the mail. They typically won't give you the answer over the phone. In a small number of cases, once the decision is made, the case is picked up for "quality review." When a case goes to quality review, SSA will have a fresh set of eyes examine the decision process to...

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