Social Security Questions & Answers

Q: senior citizens receiving Social Security and a Veterans Disability Pension are they Judgement proof

1 Answer | Asked in Social Security for New York on
Answered on Aug 8, 2018
Cristina M. Lipan's answer
This income is exempt from creditors. However, you must keep the funds separate from other types of income and have proof it was never co-mingled. As a practical matter, it is possible to have the funds taken out of your bank account even if they are exempt - it's just they would need to be returned and that is a hassle.

Q: my mother threatend me that she will sell our home i have resided in pay all bills and improvements if i dont give her $

1 Answer | Asked in Family Law, Real Estate Law, Municipal Law and Social Security for Arizona on
Answered on Aug 6, 2018
Peter H. Westby's answer
You should speak with a real estate attorney to learn your legal rights. Once your attorney knows all of the facts, including the history of your use and connection with this property since its purchase, he or she will be able to recommend options. A quiet title action may be of help. A partition action might also be considered. In either case a court will need to determine your interest in this property. Since this is a transaction between family members, it is likely that the written...

Q: Will I qualify for social security benefits while I'm still working?

1 Answer | Asked in Social Security for Florida on
Answered on Aug 3, 2018
Terrence H Thorgaard's answer
Yes, when you reach the minimum age to draw Social Security. However there are income tax ramifications if you begin drawing Social Security before the standard age; I believe it is 65. For further information find the Social Security Administration's website.

Q: I was told because I am disabled that I don't have to pay child support is this true

1 Answer | Asked in Child Support and Social Security for New York on
Answered on Jul 30, 2018
Thomas Carter O'Brien's answer
Not necessarily, and I would recommend you speak with an attorney local to you. SSI funds may generally not be garnished to satisfy child support obligations, but Disability funds may not be afforded these protections. Both programs require proof of disability. Additionally, an individual under a child support order would be well advised to seek modification of the child support order should they become provably disabled. Simply stopping payments after an award of benefits is not advisable....

Q: How is the waiting period for SSA benefits calculated if the claimant is self employed? The specific math.

1 Answer | Asked in Social Security for Texas on
Answered on Jul 30, 2018
Thomas Carter O'Brien's answer
The 5-month waiting period is described in CFR § 404.315. The relevant part of the regulation states that benefits will be payable after you have been disabled for FIVE FULL (emphasis added) consecutive months. This five-month waiting period begins with the first full month in which you were both insured for disability and disabled. In you case it appears that Jul-Aug, Aug-Sep, Sep-Oct, Oct-Nov, Nov-Dec are your five months of waiting period (but spans portions of six months - hence their...

Q: I'm needing advise or representation in receiving social security benefits .

1 Answer | Asked in Social Security for Texas on
Answered on Jul 27, 2018
Anna Katherine Stone's answer
They may be sending you to their on doctor if your doctors have not addressed permanent restrictions. They basically want a medical source statement commenting on your residual functional capacity (RFC). You must attend any and all appointments they set for you or you will be jeopardizing your claim. It can take many months for them to gather all the records and review the claim. I encourage you to retain a qualified SSD attorney if you get denied. You will only have 60 days to file an appeal...

Q: Why would my son Social Security in and why wouldn't they have sent me a letter stating that it ended

1 Answer | Asked in Social Security for Florida on
Answered on Jul 26, 2018
Anna Katherine Stone's answer
More information is needed to address this question. How old is your son? Why was he receiving Social Security in the first place (was it due to a disability or the death of a parent)? There are a number of reasons SSA could have stopped your son's benefits. The type of benefits he was receiving is important to know. I encourage you to speak with a SSA attorney or go to your local SSA office and make inquiries.

Q: Do DBA lump sump settlements need to be reported to Social Security? If the person has been found disabled?

1 Answer | Asked in Government Contracts and Social Security for Texas on
Answered on Jul 26, 2018
Anna Katherine Stone's answer
You would need to consult with a local workers' compensation attorney who practices in the state where you worked and were injured on the job. Also, there may be time limitations on when you can file for WC so I would encourage you to reach out to an attorney as quickly as possible. Best wishes.

Q: I filed for SSI disability earlier this year & my claim was denied. I didn't know what to do next?

1 Answer | Asked in Social Security for Florida on
Answered on Jul 25, 2018
Anna Katherine Stone's answer
You should consult with an attorney who handles SSD claims. You only have 60 days to file an appeal of the denial. If you filed a new claim, then you should discuss with an attorney whether it was filed using the available dates of disability if you didn't appeal the prior decision. You may need to amend your alleged onset date of disability in the new claim. Best wishes.

Q: Q: Can my special needs relative receiving SSI pay me for assisting him with his mom's final arrangements.

1 Answer | Asked in Estate Planning and Social Security for Minnesota on
Answered on Jul 19, 2018
Scott Maki's answer
Thank You for your question.

I actually answered it the first time you posted it last week... But in case you missed it, here is my answer again:

The short answer: Yes. Assuming there was a Will, and your relative was named Executor, he is free to seek whatever reasonable assistance is needed to carry out his duties.

Being an Executor is work, as are all the duties necessary to carry his responsibilities. As long as you are performing tasks directly related to settling...

Q: Can my special needs relative receiving SSI pay me for assisting him with his mom's final arrangements.

1 Answer | Asked in Estate Planning and Social Security for Minnesota on
Answered on Jul 17, 2018
Scott Maki's answer
Thank You for your question. The short answer: Yes. Assuming there was a Will, and your relative was named Executor, he is free to seek whatever reasonable assistance is needed to carry out his duties. Being an Executor is work, as are all the duties necessary to carry his responsibilities. As long as you are performing tasks directly related to settling the estate, you BOTH should be getting paid - from Estate funds (it is understandable that he may not want to accept a fee since it is his...

Q: I was receiving social security death benefits from my moms passing when I was 15 till I was 19 and 2 months.

1 Answer | Asked in Social Security for Louisiana on
Answered on Jul 16, 2018
Douglas Lee Bryan's answer
In addition to suing the one who forged your name, you can also press criminal charges against him/her for forgery. You should notify Social Security also and report the fraud. They may help you recover your benefits that were stolen.

Q: Required Minimum Distribution (RMD) of IRA?

1 Answer | Asked in Tax Law, Public Benefits, Social Security and White Collar Crime for Missouri on
Answered on Jul 8, 2018
Eric Steven Day's answer
Your required minimum distributions are determined on an annual basis. Therefore, if you took the distribution last year and are trying to include that distribution as part of your required minimum distribution for the following year, it won’t work. There is a different equation that is used when determining the RMD every year. That being said, you can withdraw the amount anytime throughout the year as long as it is the required amount.

Q: can i file for ssi

1 Answer | Asked in Personal Injury and Social Security for California on
Answered on Jul 1, 2018
William John Light's answer
You may not need a lawyer. You can file an application online. https://secure.ssa.gov/iClaim/dib

You can also schedule an appointment with a local Social Security office to file an application. Call 1-800-772-1213 (TTY 1-800-325-0778) from 7 a.m. to 7 p.m., Monday through Friday or contact your local Social Security office. https://www.ssa.gov/benefits/ssi/

Q: My grandfather, who is also my adoptive parent is refusing to give me my documentation.

2 Answers | Asked in Adoption, Civil Litigation, Identity Theft and Social Security for Pennsylvania on
Answered on Jun 26, 2018
Cary B. Hall's answer
You could go to the local police station in his neighborhood, explain the situation and ask for police assistance. Don't go in with an attitude; just go in, tell them you don't know what to do or where to turn, and ask them for their help. They may tell you to go pound sand . . . or they may be understanding and go out with you to talk to him (especially if things are slow). If the documents are yours and he won't give them to you, well then, that's not right.

Try that first. Best...

Q: Plaintiff has temp Domestic restraining order. They harass and contact me. Can I get order vacated?

2 Answers | Asked in Domestic Violence, Libel & Slander and Social Security for California on
Answered on Jun 26, 2018
Dale S. Gribow's answer
need a lot more facts.

it sounds like you are not in a position to retain a private lawyer to be your knight in shining armor.

is this in criminal court or domestic?

what is case number?

Q: I’m on SS disability. I qualify now for a zero co pay on of of my medications.

1 Answer | Asked in Estate Planning, Probate and Social Security for California on
Answered on Jun 23, 2018
Richard Samuel Price's answer
Generally, if you receive SSI, then you cannot have more than $2,000 of countable assets. So yes, ordinarily an inheritance would disqualify you for SSI... and Medi-Cal. It may be possible for the executor of your father's estate to create a special needs trust for you. Contact an attorney for a full consultation.

Q: I owe fines n court costs,before I can get my driver license back,but i was disabled, n drawing socialsecurity,do i owe

1 Answer | Asked in Social Security and Criminal Law for Tennessee on
Answered on Jun 21, 2018
Mr. Kent Thomas Jones Esq.'s answer
Yes. Disability does not entitle you to break the law, and they will issue warrants for your arrest if you don't pay fines and costs. You may be able to work out a payment plan.

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