Social Security Questions & Answers by State

Social Security Questions & Answers

Q: Workman's Comp carrier went out of business during my case , would going for Disability be a real problem ?

1 Answer | Asked in Workers' Compensation and Social Security for Illinois on
Answered on Mar 29, 2017

Hire an experienced Workers' Compensation attorney. I do not understand what you mean when you say "the Guaranty Fund was no help." The Fund has an obligation to defend any claims pending with an insurer that folds. The appropriate Motion before the IWCC will bring them to the table. You just need an attorney who knows what he's doing.

For Illinois Workers' Compensation claims, you will ALWAYS cheat yourself if your do not hire experienced counsel. You will have someone to guide...
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Q: Is there any kind of question a judge or lawyer can ask you

1 Answer | Asked in Civil Rights, Gov & Administrative Law and Social Security for Oklahoma on
Answered on Mar 24, 2017

The questions must be relevant and related to what the court must make as a finding. Some questions are designed to ensure that there is no fraud, and also to make a record in the event there is a denial.
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Q: My mother was disabled with an disability, with over a hundred different kind of prescription medications.

1 Answer | Asked in Personal Injury, Civil Rights, Social Security and White Collar Crime for New York on
Answered on Mar 22, 2017

You may consider contacting a medical malpractice attorney. More details are necessary to provide a professional analysis of your issue. Re: ADA violations, see: https://ag.ny.gov/civil-rights/disability-rights

The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business...
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Q: I want to start drawing my social security at 66 but I' m going to continue working full time. Will I lose that way?

1 Answer | Asked in Social Security for Florida on
Answered on Mar 22, 2017

Generally, if you are 65 or older you can apply for Social Security benefits and are not penalized for working. See a tax professional for the details.
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Q: I have rheumatoid arthritis, carpal tunnel & disc disease. I am still working. Should I quit working? I have a IRA also.

1 Answer | Asked in Social Security for Virginia on
Answered on Mar 17, 2017

You did not say your age. However, it can be a struggle to get Social Security Disability. So if you can I would advise working as long as you can.
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Q: why did SSI request another continuing redetermination (financial) for third time in 6 months?

1 Answer | Asked in Social Security for Pennsylvania on
Answered on Mar 16, 2017

Maybe something is raising red flags. Why not ask the worker"is there an expense or income item that is making this get reviewed so many times in a short period?" Worst that can happen is they don't say.
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Q: My son in law is 35 years old with an extremely aggressive form of MS

1 Answer | Asked in Social Security for Virginia on
Answered on Mar 15, 2017

If he has Social Security Disability, then there would be survivorship benefits for the children. If he has Supplemental Security Income (SSI), there is no survivorship benefits because SSI is welfare disability.
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Q: after being married for 22 years, and divorced almost 5, can I claim any SS from my ex husband. I am 55 years old.

1 Answer | Asked in Divorce and Social Security for Colorado on
Answered on Mar 10, 2017

This is a questions probably better suited for either the SS administration or a social security attorney. That being said, my understanding is that if you have been married for a certain amount of time and have paid into SS for 40 quarters on your own, you can elect to either draw SS based on your own or can elect to draw under your ex-husband. I believe in that instance you could draw up to half of what he gets, which doesn't affect what he gets at all. The divorce court has no control...
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Q: What does ssi offer for someone that receives a lump sum so they don't loose there ssi benefits?

1 Answer | Asked in Public Benefits, Social Security and Workers' Compensation for California on
Answered on Mar 9, 2017

Cannot really understand your question. If you are asking what does Social Security Indemnity offer for someone that receives a WC lump sum settlement the answer is nothing. If you want to know how to not lose SSI benefits when receiving a lump sum the answer is the hartman formula which based on the facts can help mitigate the loss of SSI benefits. BUT the BEST ANSWER WOULD BE TO GET AN ATTORNEY. Good Luck!
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Q: Are social security benefits protected from creditors?

1 Answer | Asked in Social Security for California on
Answered on Mar 2, 2017

SSDI/SSI benefits are generally protected from creditors. There are some exceptions such as money owed to federal government (unpaid taxes) or child support owed.

Here is a link to another response addressing Social Security funds and protection they have from creditors if direct deposit into your bank account:

http://www.nolo.com/legal-encyclopedia/protections-social-security-funds-bank-accounts.html#
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Q: Can Social Security withhold the formula and the calculations to offset and used to calculate my benifits

1 Answer | Asked in Social Security for California on
Answered on Mar 2, 2017

If you are referring to how your Social Security retirement and disability amount is calculated, you can enroll online at:

https://www.ssa.gov/myaccount/

You will be able to see a detailed earnings record and description of how the benefit is calculated and if you disagree with it you have the opportunity to contact SSA to notify them of any errors that you may find in the earnings record. It is a good place to start for more information on that.
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Q: Can my wife get an early installment on her SSI so we don't have to take bankruptcy.

1 Answer | Asked in Bankruptcy and Social Security for Florida on
Answered on Feb 28, 2017

You may be able to protect the SSI lump sum payment and file bankruptcy to discharge your debts. You could also choose to use your wife's SSI lump sum payment to attempt to settle your debts without the necessity of a court order. If I were eligible to file bankruptcy and protect my SSI payment and still eliminate my debts through bankruptcy, that is the option I would choose.
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Q: Why wasn't my lawyer appealing this case? And why didnt I get my benefits when this company was found recently for fraud

2 Answers | Asked in Personal Injury and Social Security for Maryland on
Answered on Feb 28, 2017

It is hard to say why you lawyer did not appeal your case. It could be there were no appellate grounds to appeal or perhaps your retainers indicates an appeal was not included. The answer would be to ask your lawyer.

The fact that fraudulently denied disability payments -- while awful -- would not mean that every claim against them is viable. If your case was adjudicated on the merits of your case, what the did in other cases would not be relevant.

Good luck!
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Q: My fiance died while I was five months pregnant. Need to have him added to birth certificate and to have a court order.

1 Answer | Asked in Child Support and Social Security for Utah on
Answered on Feb 27, 2017

You need to file a parentage action in the appropriate court to establish your deceased fiancé as the father so that he can be added to the birth certificate. There may be a jurisdictional issue depending on where your child was conceived, where the biological father died, etc. A lawyer can help you. You can also find information on parentage in the self help section at utcourts.gov.
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Q: I am collecting spousal support. Hubby is 69 and still working and not collecting his benefit. He suspended it. If he

1 Answer | Asked in Social Security for New York on
Answered on Feb 24, 2017

What did your support order state re: your right to his benefits? See: http://www.nycbar.org/get-legal-help/article/family-law/maintenance-spousal-support/

More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following...
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Q: I am 62 and my wife 55. My wife needs 10 more credits to meet the 40 credit minimum for benefits. I want to retire now.

1 Answer | Asked in Social Security for Arizona on
Answered on Feb 23, 2017

Your wife's earned income should have no effect on your early retirement benefits. Your payments are only affected if you work and earn more than the exempt amount, which ranges from $16,920-$44,880 in 2017 (see below)

Benefits Withheld When Earnings Exceed Exempt Amounts

We withhold $1 in benefits for every $2 of earnings in excess of the lower exempt amount. We withhold $1 in benefits for every $3 of earnings in excess of the higher exempt amount. Earnings in or after the...
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Q: I'm 37 years .disable .I receive SSA benefits but it is not enough for me and family. how much I can make a if I work

1 Answer | Asked in Workers' Compensation and Social Security for California on
Answered on Feb 13, 2017

All the earnings questions are answered nicely by the Social Security Administration at https://www.ssa.gov/oact/cola/rtea.html .
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Q: Can the IRS levy your SSI? I only recieve 735.00 a month & they took my whole 100.00 savings leaving my acct with zero.

2 Answers | Asked in Tax Law and Social Security for Kentucky on
Answered on Feb 11, 2017

Contact a Low Income Taxpayer Clinic in your area. You can run a search by going to the Taxpayer Advocate Service website.

If your situation is accurate, the clinic should be able to help you.
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Q: I received a notice from the Social Security Administration saying that my disability and Medicare will be ending.

1 Answer | Asked in Social Security for Florida on
Answered on Feb 7, 2017

It depends on why they have terminated your benefits. Is it due to an overpayment or your ability to work has changed?
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Q: Disabled tenant is withholding rent and retaliating my eviction notice because I ignored her requests for accommodation

1 Answer | Asked in Civil Rights, Landlord - Tenant and Social Security for California on
Answered on Feb 5, 2017

You may be in violation of federal fair housing laws re: accommodations for disabled tenants.

See: https://portal.hud.gov/hudportal/HUD?src=/program_offices/fair_housing_equal_opp/FHLaws/yourrights

More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I...
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