Lawyers, Answer Questions  & Get Points Log In

Social Security Questions & Answers

1 Answer | Asked in Social Security for New Jersey on

Q: Hi my wife is younger than me and on SSI disability. I am at full retirement age. Am I allowed to apply for spousal SSI

Spousal SSI and then delay taking my own SSI until a later date.

Jerry Lutkenhaus answered on Jun 18, 2019

I am afraid there is no spousal SSI which is a welfare program. If you are at full retirement age, then you can apply for your Social Security Retirement benefits.

1 Answer | Asked in Social Security for California on

Q: can social security have you thrown in jail for overpaying you 10s of thousands of dollars

Jerry Lutkenhaus answered on Jun 18, 2019

This depends whether or not there is fraud on your part. Usually, Social Security just declares an overpayment and asks you to pay it back.

1 Answer | Asked in Social Security for Tennessee on

Q: I am 48 just got denied after my hearing grid rule 201.21 at 50 rule 201.14 will apply when should I reapply

Jerry Lutkenhaus answered on Jun 18, 2019

I have done Social Security Disability law in Virginia for 35 years. Grid rule 201.21 does mandate a finding of no disability even though you are reduced to sedentary work and have no transferable skills. The problem is you are under age 50 which means Social Security thinks you can still do... Read more »

1 Answer | Asked in Social Security for Puerto Rico on

Q: Do I have legal ownership of my social sec number, passport and birth certificate at 18 years old in Puerto Rico?

My mother threw me out a year and a half ago just as I had turned 17. I’ve been living with my grandparents ever since in the same town and turned 18 last November. My mother refuses to give me my legal documents, even though I’m of legal age. My passport is also the only form of identification... Read more »

Nelson Jose Francisco Alvarez-Aponte answered on Jun 17, 2019

Hello and thank you for using JUSTIA. The legal age in Puerto Rico is 21 not 18. However, since the passport and social security are federal government issued documents you do have the right to get copies of said documents from these agencias. You can also attempt to get emancipated from your... Read more »

1 Answer | Asked in Contracts and Social Security on

Q: Can I file a restraining order as a 15 year old kid, Also I'm from the philippines

Bruce Alexander Minnick answered on Jun 13, 2019

Maybe in the Philippines, but not here.

1 Answer | Asked in Personal Injury, Military Law and Social Security for Georgia on

Q: What rights does my daughter have if injured during Army BCT (Georgia NG)? NG is trying to discharge her.

My daughter was injured last summer, 3 days from Army BCT graduation. She suffered 3 hip/pelvic fractures, was sent home to REFRAD. She was scheduled to go back this week and the CT scan showed that one fracture is still not healed. We are waiting to get more details from the specialist. Her RSP... Read more »

Paul E. Tennison answered on Jun 11, 2019

As far as her rights to continue her basic training, that is a question for her RSP leadership and not really a legal question. If she has until June 2020 to finish her basic training then her leadership should do the right thing and give her more time to heal before going back. However, they may... Read more »

1 Answer | Asked in Banking, Identity Theft, Internet Law and Social Security for California on

Q: I was a victim of a Social Security scam. I withdrew 25K in cash and deposited it via bitcoin. Can I get my funds back?

Someone called me pretending to be a Social Security officer and claimed that my SSN was linked to drug trafficking, money laundering, and that there was a warrant out for my arrest. He had an accomplice that spoofed his caller ID to make it look as though he was calling from my local Department.... Read more »

Bruce Alexander Minnick answered on Jun 10, 2019

Probably not. Thousands of gullible Americans fall prey to "get rich quick" scams like this every day of the week. If you have the name or any other information about who any of these scammers are--or the names of the banks involved--there are experienced lawyers who can try to trace the scammers... Read more »

1 Answer | Asked in Identity Theft and Social Security for New York on

Q: Should papers with a persons SSN be destroyed even if they have passed on long ago?

I found a quantity papers relating to my grandparents. I assume old utility bills and store receipts may be discarded for recycling. However, many papers are tax returns or letters of communication with Social Security . Could these be used for identity theft even though the people involved have... Read more »

Michael David Siegel answered on May 30, 2019

There is no harm. They are marked as deceased on credit reports and social security.

1 Answer | Asked in Child Support and Social Security for Puerto Rico on

Q: Injustice. I live in Puerto Rico and my daughter also and my SS won't pay for her until she is 21.

Why does the SS administration not pay until she is 21 if the Puerto Rico law states that anyone under 21 is still considered a minor and that child support has to be paid until the age of 21 years old? I'm confused and feel it is not fair. Thanx.

Nelson Jose Francisco Alvarez-Aponte answered on May 22, 2019

Hello and thank you for using JUSTIA. The Social Security program is a federal program and uses the age of 18 as the age of majority. In 48 States the age of majority is reached at age 18. This age of 18 is considered the age of majority due to the fact that this is the age that one can vote.... Read more »

1 Answer | Asked in Estate Planning, Elder Law, Health Care Law and Social Security for Massachusetts on

Q: How will equity from sale of a house affect govt asst. programs like ssdi, medicare, masshealth, food stamps, housing?

Yes I am disabled, on hemodialysis, and get palliative care services. My house will be closing on Wednesday. I will be getting about $150,000 (that's the gain). What federal/state assistance programs will be affected by this gain of money? Is there any legal way around it or to avoid losing the... Read more »

Lillian J. LaRosa answered on May 21, 2019

You have not stated whether you are disabled . If so, there is a special needs trust you can explore.

1 Answer | Asked in Child Support and Social Security for Puerto Rico on

Q: Will my Social Security benefits help me pay child support while my daughter attends college in Puerto Rico.

I will be retiring soon at the age of 62 and my daughter is 17 and will be attending college soon. I will only be getting $700 a month and I pay $150 a month for child support.

Do I have to pay child support thru ASUME while she is in college?

Nelson Jose Francisco Alvarez-Aponte answered on May 16, 2019

Hello and thank you for using JUSTIA. Social security benefits for a dependant are only available up to the age of 18. After said age your daughter will not receive any benefit from your Social Security. You may want to check out the student grants and/or loans that are available for the student.

1 Answer | Asked in Family Law, Products Liability, Gaming and Social Security for Maryland on

Q: Can my parents take my phone

Can my parents take my phone if I am 15 and I bought the phone under my own name and with my own money. If they take it away is that stolen prop

Griffin Klema answered on May 3, 2019

Whether it is "stolen" or not, I'm guessing there's at least a fair reason the phone was taken from you, even though you seem to disagree with that reason. At 15 years old, you are probably still considered a "minor" which means you are too immature to have certain rights (i.e. vote, consume... Read more »

1 Answer | Asked in Social Security for Tennessee on

Q: At my hearing my attorney didn't ask any questions

The only positive thing was the judge said if I move let social security and my att know where I'll be

Anthony M. Avery answered on May 2, 2019

Not sure of your question. But Social Security is usually an administrative proceeding, which is not an actual trial. Hearsay Evidence is almost completely admissible, especially when it is written, so you do not have evidentiary objections. And your attorney apparently felt the record was... Read more »

1 Answer | Asked in Social Security for Indiana on

Q: how do i find most successful Indiana law firm that will help me with my disability appeal?

Peter N. Munsing answered on May 1, 2019

If you are indigent call legal aid/legal services. Your energy should go into your medical proof---I'm willing to bet you have looked not at the medical evidence but on what you think the medical evidence says.

1 Answer | Asked in Social Security for Florida on

Q: How do I get ssi to stop garnishing my wages after i have paid what i owe them?

My pay roll department shows I have paid what I owe them but social security is not reflecting it and they show I still owe them. How do I correct this so I can stop my wages from being garnished?

Peter N. Munsing answered on May 1, 2019

Get a copy from work of all that was paid. Make some copies of that.

File with social security a form for Relief from Overpayment

Go tot he Social Security Office.

1 Answer | Asked in Social Security for Michigan on

Q: MY SON HAS BEEN DRAWING OFF MY SSI FOR YEARS AND HAS DIED WILL THIS HAVE ANY EFFECT ON MY SSI INCOME NOW

Peter N. Munsing answered on May 1, 2019

I don't believe so. Check with Social Security but I don't see how it would.

1 Answer | Asked in Internet Law, Public Benefits and Social Security on

Q: can i use any small content of a book(any quote) in social media post??

this will be for a transformation purpose in people's thinking and mindset and i may also earn some money in that process..

Peter N. Munsing answered on May 1, 2019

Only if you quote it and note where it's from such as:

" Keep lookin, and you'll find, you'll find, what you need " Blodgett, Martha, How I Hope to Get Rich Someday, Putnam (1998)

1 Answer | Asked in Social Security for Georgia on

Q: I live in Georgia. My husband was 43 years old and died of a sudden heart attack last week.

I live in Georgia. My husband was 43 years old and died of a sudden heart attack last week. I'm 45 and we had no children together. I always thought that when your spouse dies, you collect SSI from their death, regardless of age or having children together. From what I read online, I will get... Read more »

Peter N. Munsing answered on May 1, 2019

Go to Social Security. They will explain. You will be entitled to widows benefits but not now--you get them at age 60.

https://www.ssa.gov/planners/survivors/1945s.html

https://www.ssa.gov/planners/survivors/survivorchartred.html

did they have any life insurance at his work?...
Read more »

1 Answer | Asked in Social Security for Florida on

Q: Is my sister eligible for SSDI?

My sister was recently diagnosed with myotonic dystrophy by a neurologist specializing in neuromuscular diseases at USF Medical School. She had worked for the same company (Verizon) for nearly 30 years but was laid off five or six years ago and didn't feel well enough to look for a new job. Her... Read more »

Peter N. Munsing answered on May 1, 2019

Start by going with her if possible if not by yourself to social security. They will tell you her "insured status." Apply for that and for SSI. It is a process she can do with the help of an opinion letter from her doctor.

1 Answer | Asked in Social Security for Alabama on

Q: How can I file for a Birth certificate and Social Security number?

I was born at home and never got a birth certificate or social security number, I was wondering how I could get it?

Because I am pregnant and can’t get Medicaid without it

Peter N. Munsing answered on May 1, 2019

Start with the birth certificate. It would help if you can get any records of your first hospitalization, first medical care, even a baptismal certificate. Then you contact the office in Alabama that handles birth certificates. They hopefully have guidance. Go to the Social Security office. They... Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.