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Social Security Questions & Answers
2 Answers | Asked in Social Security and Appeals / Appellate Law for Tennessee on
Q: My ALJ disability claim was denied and my lawyer doesn't file beyond that level. Should I give up, continue on with

New lawyer or start over as I'm still having an increase of issues/surgeries?

Thomas Carter O'Brien
Thomas Carter O'Brien answered on Jul 9, 2020

That's not an easy question to answer without more details. Further appeals focus more on the application of the law to your case as opposed to "not seeing the facts your way". As such, the quality of the written decision and the way the judge conducted the proceedings are of... Read more »

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1 Answer | Asked in Social Security for California on
Q: My dad gets SSI, living alone. If my dad moves to my new 2nd home, paying rent to me, will his SSI remain the same?

My 83 year old dad receives SSI ($900/month) and lives in a subsidized senior apartment, paying rent of $300 per month (not sure whether he's in section 8). I'm thinking of buying a 2nd home soon and want him to live there by himself (he likes to as well), as it'll be nicer, but my... Read more »

Susan Michele Schaefer
Susan Michele Schaefer answered on Jul 6, 2020

Your dad's living arrangement could affect his SSI, so care will need to be taken so that he continues to get his maximum amount of SSI benefits. With only a few precautions, what you and your dad are planning is a very doable arrangement.

Your dad can get the maxim SSI benefit if her...
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1 Answer | Asked in Social Security for California on
Q: I was diagnosed with diastolic congestive heart failure i cannot work. Am i eligible for ssi?do i need a lawyer?
Susan Michele Schaefer
Susan Michele Schaefer answered on Jul 3, 2020

I strongly recommend that you consult with a disability lawyer as soon as possible since you have a severe medical condition. Most disability lawyers have free consultations and will be able to discuss with you the financial requirements you have to meet for SSI and the medical requirements to get... Read more »

1 Answer | Asked in Social Security for California on
Q: Can / Should I apply for SSDI while collecting unemployment?

Presently I am receiving unemployment benefits due to COVID-19 loss of business, and later will want to apply for SSDI.

My question- should I collect as much as possible in unemployment and only then apply for SSDI, or I can apply for SSDI now, while collecting unemployment?... Read more »

Neil Pedersen
Neil Pedersen answered on Jul 3, 2020

It takes a great deal of time, and it is not easy to qualify for, SSDI benefits. To get unemployment insurance benefits you need to certify that you are ready, willing and able to work full time, and that you are seeking full time employment. To qualify for SSDI benefits you need to establish... Read more »

1 Answer | Asked in Social Security for Michigan on
Q: My father passed in 2009. Days before his passing he was approved of his back pay. Can I claim it as his next of kin?

My father passed away in Aug 2009. Days before passing he received his letter that his back pay had been approved. A letter went out a few months later to my grandmother, who also passed prior to getting the letter. As his only next of kin am I eligible and able to claim his back pay?

Brent T. Geers
Brent T. Geers answered on Jul 2, 2020

Interesting. Was your father married at the time of his death? If not, then I think you might be entitled to it. It was never paid out? Was his estate ever probated?

1 Answer | Asked in Social Security for Arizona on
Q: I’m receiving SSDI. I also have applied for disability in Canada. Can I receive both and would SS need to be notified?
Scott F Bocchio
Scott F Bocchio answered on Jun 30, 2020

Yes, you can receive both. You would have to notify SSA.

Scott Bocchio, Esq.

855-254-7841

1 Answer | Asked in Divorce and Social Security for Louisiana on
Q: My husband states that he will not have to pay temporary spousal support because he gets Social Security Disability

It cant be taken out by law even though he has supported me for the last 10 years...Im applying for disability. Is this true

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jun 28, 2020

It can't be garnished but he can be ordered to pay you.

1 Answer | Asked in Divorce and Social Security for Iowa on
Q: I want to separate from my husband, or divorce but I'm also trying for ssdi. I don't know if it will effect income.

so I'm wondering if applying for ssdi, should I bother separation or just go for divorce? I have no income myself. My husband makes the money.

Emmett B. Irwin
Emmett B. Irwin answered on Jun 26, 2020

SSDI generally does not have income or asset limits, so it generally doesn't matter whether you're married, separated or divorced. But you have to have been working and paid payroll taxes for 5 out of the last 10 years before you became disabled to technically qualify for SSDI.

1 Answer | Asked in Public Benefits, Social Security and Medical Malpractice for California on
Q: My Doctors&Clinic kept inaccurate records & have altered them to avoid dealing with a complaint. Is this malpractice?

I can prove they altered them. The result has been denial for SSDI benefits and a severe deterioration in my quality of life and has endangered my overall health permanently. I don't know what to do to fix this?

William John Light
William John Light answered on Jun 23, 2020

It might be a HIPAA complaint, but damages are not available for that under the statute.

It might be Negligent Interference with Prospective Economic Advantage, but it's unclear that there would be enough money at stake to justify this type of claim.

Also, I don't know...
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1 Answer | Asked in Social Security for Georgia on
Q: If I get my first SS retirement check in June and I have already made 12,000 dollars for the year.

I know I'm only allowed 18,000 for the year at 64) do they go by calendar year for earnings for the first year? or am I only allowed to make 6, 000 more thousand for the year before I'm penalized??? how much will I be penalized..I'm worried about this

Susan Michele Schaefer
Susan Michele Schaefer answered on Jun 22, 2020

If you are under full retirement age, Social Security deducts $1 from your benefit payments for every $2 you earn above the annual limit. For 2020, that limit is $18,240. Once you reach full retirement age, you can earn up to $48,600 in 2020 with no affect on your benefits. After that your... Read more »

1 Answer | Asked in Social Security for Connecticut on
Q: I am getting social security disability monthly,do I have to let them know if I am collecting unemployment
Stanley Dale Radtke
Stanley Dale Radtke answered on Jun 18, 2020

If you are collecting both SSDI and unemployment insurance you could have a problem because you told Social Security, under penalty of perjury, that you were unable to work due to your disability. Then you told your state unemployment department, also under the penalty of perjury, that you were... Read more »

1 Answer | Asked in Social Security for Alabama on
Q: Do adult dependents qualify for parent's social security when the parent retires?
Emmett B. Irwin
Emmett B. Irwin answered on Jun 18, 2020

Possibly, but I am only aware of Disabled Adult Child (DAC) benefits - if the adult dependent has been disabled since prior to age 22, then the adult dependent can get SSA benefits from the parent's work record. But only if the parent is deceased, disabled, or is collecting SSA retirement benefits.

1 Answer | Asked in Social Security for Connecticut on
Q: Does collecting unemployment affect the amount you currently receive from social security disability.

I am on SSDI,but have been trying to find something to do for more income,haven’t been successful.I applied for unemployment.should I have not done that?Is that going to mess up my monthly disability check?

Emmett B. Irwin
Emmett B. Irwin answered on Jun 18, 2020

Generally when you apply for unemployment, you are stating that you are ready, willing and able to work full-time. You are getting SSDI because you told SSA that you can't work full-time. So there could be a problem there. However, the CARES Act temporarily changed the requirements for... Read more »

1 Answer | Asked in Social Security for Pennsylvania on
Q: Can you get SSI if you are already collecting a spossal benefit for an adult disabled child? Thank you.
Emmett B. Irwin
Emmett B. Irwin answered on Jun 18, 2020

It depends on how much the spousal benefit is per month, and how much other countable income you are receiving per month. Almost all income is "countable" for SSI purposes. If you have over a certain amount of income, you are not eligible for SSI.

1 Answer | Asked in Social Security for Connecticut on
Q: Do you need to let social securityDisability know if you Are collecting unemployment?

Haven’t worked since 3-2019.been looking but no luck due to my health,Is it safe to collect unemployment?

Scott F Bocchio
Scott F Bocchio answered on Jun 16, 2020

Hi, you do need to make SSA aware if you are collecting unemployment. They need to be made aware of any source of have income that you may have while your SSA claim is pending.

Sincerely, Scott Bocchio, Esq.

855-254-7841

1 Answer | Asked in Social Security for Connecticut on
Q: Can you collect unemployment when you are on disability and looking for a job you can do
Susan Michele Schaefer
Susan Michele Schaefer answered on Jun 15, 2020

Yes, you can receive both unemployment benefits and Social Security disability benefits (SSDI).

Unemployment and SSDI benefits both provide financial support to those who are not working, but the rules for these programs differ greatly. You should be aware that there is a contradiction in...
Read more »

1 Answer | Asked in Social Security for Colorado on
Q: What form would I use in order to appeal a partial plate favorable decision from the judge?

Just wondering what form I will fill out if I filed this appeal? I have been denied originally, had went to the court hearing in front of the judge in which I received a partial favorable decision but would like to appeal that decision. I’m not for sure what form I would use on this and is it... Read more »

Susan Michele Schaefer
Susan Michele Schaefer answered on Jun 11, 2020

If you are appealing a decision made by an Administrative Law Judge (ALJ), you must request review by the Appeals Council (AC) within 60 days after you receive the notice of the ALJ decision. The notice letter you received from Social Security should have information about filing an appeal. For... Read more »

1 Answer | Asked in Family Law, Divorce and Social Security for California on
Q: If I file a legal separation andcmy husband receives SSI benefits, can I receive some of his Income?

I have been married 23 years.

Mike Darlington
Mike Darlington answered on Jun 10, 2020

Social Security benefits are governed by Federal Law and are not part of California divorce proceedings. The law is very clear on your rights as regard what you are entitled to and how to go about getting it.

If you end up being able to draw under your husband's social security...
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1 Answer | Asked in Immigration Law and Social Security for California on
Q: Mothers maiden name on birth certificate doesn't match name declared when coming to US as refugee. Can I get soc securiy

I am a citizen, and I want to apply for social security. But I am worried about this information not matching and getting myself and my family in trouble.

Kevin L Dixler
Kevin L Dixler answered on Jun 9, 2020

The issue is your name, not your mom's name, because you are registering for Social Security. If your mom pretended to be someone else, then that is a completely different issue. It should not affect you if you were born in the United States.

If your mother has concerns, then she...
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1 Answer | Asked in Social Security for New Jersey on
Q: I am 28 years of age and currently work and collect SSDI due to my medical disability. I am looking into starting...

I am 28 years of age and currently work and collect SSDI due to my medical disability. I am looking into starting an online shirt business with print on demand. Due to my medical condition I have trouble holding a job. Would this effect my ssdi and my medicare benefits? Would I immediately lose my... Read more »

Susan Michele Schaefer
Susan Michele Schaefer answered on Jun 2, 2020

You can do a limited amount of work and still get SSDI benefits and medicare.

Social Security Administration 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. Read the...
Read more »

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