Lawyers, Answer Questions  & Get Points Log In
Social Security Questions & Answers
1 Answer | Asked in Social Security for North Carolina on
Q: My Mom, from NC, is 74, widowed 2 yrs. ago, and is currently engaged. Will she lose her social security?

They have a prenuptial in the making, but not signed yet.

David Gantt
David Gantt answered on Apr 6, 2020

Your Mom should not lose her Social Security (SS) Retirement due to remarriage. Even if she is drawing Widow's Benefits on her deceased husband's account, her remarriage should not affect her SS retirement since the remarriage is only relevant for marriages before age 60. Congratulations to your... Read more »

1 Answer | Asked in Social Security for Tennessee on
Q: 15days ago I relocated a Brother from Chgo to Mphs after a stroke. Does he have to be denied SSDI before hiring an Atty?
Steve Perrigo
Steve Perrigo answered on Apr 4, 2020

No, you should hire an attorney early in the process. There is no charge for consultations, and they are only paid if they win your case. You can call me directly if you have any questions. Regards, Steve

1 Answer | Asked in Social Security for Tennessee on
Q: I'm on ssi, I have been on ssi for 4or5 years, I dont make enough to pay child sup. being on ssi, but I have arrears wil

I still get a 2020 stimulus check like everyone else on ssi, or will they take it away from me or garnish my 2020 stimulus check because I have arrears in child support, even though I havent had to make a child support payment in the whole 4or5 years since the state of Tennessee deemed me to be... Read more »

Steve Perrigo
Steve Perrigo answered on Apr 4, 2020

I don't believe they are garnishing stimulus checks for child support arrears.

1 Answer | Asked in Family Law, Domestic Violence, Education Law and Social Security on
Q: Question regarding selfish behaviour of grandparents.

My grandmother and grandfather sold all the property they had and ate all through their lifespan and lived high standard Life giving nothing to children and even sold the lands that are supposed to be inherited to his son. Now they are threating to sell the house and land on which our family lives.... Read more »

Tim Akpinar
Tim Akpinar answered on Apr 4, 2020

Maybe you could repost your question in the Probate and Estate Planning sections. There's no guarantee of every question here being picked up, but if anyone could comment meaningfully on your situation, it's the attorneys who are active in those sections. Good luck

Tim Akpinar

1 Answer | Asked in Social Security for New York on
Q: If a child child over the age of 24 wants their birth certificate and social security card but their parent wont give it

Is that illegal?

Steve Perrigo
Steve Perrigo answered on Apr 2, 2020

I don't think it is illegal per se, just not very kind or helpful. You can get replacements for both. Birth Certificates are through the state dept of health or bureau of vital statistics. Replacement SS cards are easily replaced by going into your local SSA field office with proper... Read more »

1 Answer | Asked in Social Security for New York on
Q: I've been on SSDI for over 25 years for a mental condition. I receive 2 checks, 1 Disability check and 1 Survivors check

I lived with my Mother for all this time in her house. She died in March. Do I have to report her death to social security? I have to move soon. Do I need to report to social security when I move? Will the amounts of the checks I receive be the same or less when I move? Thanks.

Steve Perrigo
Steve Perrigo answered on Apr 2, 2020

You should report the death to SSA, but it won't affect your checks. SSA typically gets death notifications directly from the funeral homes, but with the field offices being closed due to Coronavirus, I would call the 1-800 number also to report.

Yes, you should always report a change of...
Read more »

1 Answer | Asked in Immigration Law, Health Care Law, Public Benefits and Social Security for California on
Q: Permanent resident can't receive CalFresh not cash assistance?

My GF has had applied for CalFresh assistance and just has received a phone call from the worker asking all sorts of questions.

According this worker, they expect that GF would supply details about how she had obtained the green card many years ago, along with detailed information about her... Read more »

Kevin L Dixler
Kevin L Dixler answered on Apr 1, 2020

She only needs to provide proof of lawful permanent resident status by way of her alien number. Perhaps, she can also show a copy of her ‘valid card.’ She has no other status, so other questions seem irrelevant, perhaps, unless this concerns more, which seems questionable.

Any other...
Read more »

1 Answer | Asked in Appeals / Appellate Law, Public Benefits and Social Security for Florida on
Q: Which site is legitimate? I know there are many scammers. I need a lawyer so I can appeal a denied disability claim

I know legitimate places exist for this but I am seeing sites saying their lawyers will help me with this and they are only entitled to payment if we win the appeal but I'm skeptical. I do not exactly know what I'm talking about but that just doesn't sound like something a lawyer would do

I... Read more »

Tim Akpinar
Tim Akpinar answered on Mar 30, 2020

You raise good points, but in the end, the only person who can ultimately make such an important decision is yourself. You will have to contact lawyers, and after speaking with them, decide for yourself who you prefer in terms of skill, experience, and your trust and confidence in them. Good luck... Read more »

2 Answers | Asked in Employment Law, Social Security, Workers' Compensation and Health Care Law for Pennsylvania on
Q: If you come down with Prostate cancer can you get disability

need a lawyer from Pennsylvania pittsburgh area

Scott F Bocchio
Scott F Bocchio answered on Mar 27, 2020

Hi, it is possible. Much of the case depends on the actual prognosis and treatment plan going forward.

Scott Bocchio, Esq.

855-254-7841

View More Answers

1 Answer | Asked in Social Security for Florida on
Q: I was denied SSDI by the Appeals Council & filed a complaint with Fed. court. Do I say "is" or "is not" on this form?

Have no attorney. Deadline tomorrow, unless extended due to COVID-19. Don't know who to send this form to. Courthouse is open, but I have been sheltering in place.

Terrence H Thorgaard
Terrence H Thorgaard answered on Mar 26, 2020

You probably file on PACER, giving notice to the other parties or their attorneys. Why not call the clerk of court?

1 Answer | Asked in Family Law and Social Security for Arizona on
Q: My wife (52 yrs. old) receives SSDI and lied to me about the backpay she received. I pay 90% of our bills. Is this lega

Is this legal? Last year she told me she received $25,000 which she promptly bought her a Cadillac Escalade but just saw her 2019 W2 she was hiding and her backpay was actually more than $49,000 after paying her lawyer and Medicare deduction. She completely kept me in the dark, even though I was... Read more »

Mike Branum
Mike Branum answered on Mar 26, 2020

I am not an expert on SSDI and would highly recommend you consult with such an expert before considering any legal action. The back pay, when it was awarded, may have been classified as separate property. The Caddy, however, may be community property particularly if you are both on the title. I am... Read more »

1 Answer | Asked in Divorce and Social Security for Louisiana on
Q: My husband made a baby while being incarcerated is that right
Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Mar 22, 2020

There's gotta be some pretty unusual circumstances. Someone needs to call a paternity lawyer.

1 Answer | Asked in Family Law and Social Security for Ohio on
Q: We have a 15 year old daughter. We presently have a shared parenting plan (50/50), her mother is trying to break this.

I am 69 years old and get social security survivor benefits for my daughter. I provide her mother with $300/month and pay all my daughter extra activities fees out of the survivor benefits. What should I be prepared for if the plan is broken? I'm contesting the change on the basis my daughter had... Read more »

Anthony C. Satariano
Anthony C. Satariano answered on Mar 19, 2020

I would suggest consulting with your lawyer. Your lawyer will know the specifics of your case and the traditional approach your local jurisdiction takes to custody changes.

It will also depend on what you mean by "plan is broken" and what "change" you are "contesting". There are not enough...
Read more »

1 Answer | Asked in Estate Planning and Social Security for Virginia on
Q: My ex husband passed away and our kids have been receiving SS benefits through high school graduation.

I teach in a public school and am currently 53 and dating someone. Are there still benefits to be paid out to me from ex’s SS if my kids already got money? If so, would I have to wait until age 67 to receive? If I’ve worked steadily from age 21 is it even worth it for me to think about that... Read more »

Nina Whitehurst
Nina Whitehurst answered on Mar 19, 2020

The fact that your children drew benefits against your ex husband's earnings record will have no effect on your eventual ability to draw against his earnings record but you must have been married for at least 10 years, you can't draw until he starts drawing, and you can't draw until you reach your... Read more »

1 Answer | Asked in Employment Law and Social Security for Pennsylvania on
Q: I worked for 24 years and then had to stop working for 7 years to take care of my sick husband who passed away in 2012.

I worked for 24 years and had to stop for 7 years to take care of my husband who was dying and on SSDI. He passed away in 2012 and I went back to work, after just 3 months I got hurt on the job and lost my thumb. I tried to go out on my own SSDI and they told me that I couldn't collect my SSDI... Read more »

Scott F Bocchio
Scott F Bocchio answered on Mar 18, 2020

Hi, I am very sorry to hear about your husband. You can begin to collect Social Security Retirement at 62 1/2. You will receive less by taking the money at age 62 1/2. If you waited until 67, you would receive a greater amount per month. You would never be able to apply for SSDI since your credits... Read more »

1 Answer | Asked in Family Law, Child Custody, Juvenile Law and Social Security for Nevada on
Q: Can a parent with no parental rights refuse to give you your SSN and birth certificate?

I live in California

Scott F Bocchio
Scott F Bocchio answered on Mar 17, 2020

Even if they refuse you can go to a local SS Office or order a birth certificate online or visit your local City Hall in the town you were born in.

Hope this helps.

Sincerely

Attorney Scott F. Bocchio

Legal Rights Advocates

www.yourlegalrightsadvocates.com

Q: Can I deposit my Daughters $19K Jackpot winnings into her Special Needs Trust so that SSI doesn’t stop her monthly pmnt

She is on SSI and is Bi Polar. There is a Special Needs Trust set up for her. She won this playing Bingo and the Casino took all the taxes out and gave her $5,000 cash and the rest in a check because that is what she asked them to do. I found out about it and have all of it now and wondering what I... Read more »

Nina Whitehurst
Nina Whitehurst answered on Mar 10, 2020

Yes if her special needs trust is a first party SNT; otherwise no. If it is not a first party SNT the best choice is probably an ABLE account if she is eligible.

View More Answers

2 Answers | Asked in Banking, Collections and Social Security for Michigan on
Q: Is it legal for my savings acct. ( DIRECT DEP from soc sec) to be garnished by credit card company?? FACTS/background

Joint acct, social security check made out to me for the care of my husband. The only money that goes into this acct is his ss check.

The garnishment was against me not him.

4k was taken without my knowledge. I didn't receive garnishment writ as they stated. I was told I have 14... Read more »

Adam Alexander
Adam Alexander answered on Mar 9, 2020

If these are the only funds in this account, you should retain a lawyer to file an objection to garnishment. Exempt funds is just the kind of argument that a judge will listen to. However, if there are commingled funds, the analysis is more complex.

View More Answers

2 Answers | Asked in Identity Theft, Family Law, Domestic Violence and Social Security for Colorado on
Q: my father emotionally abuses me and my mother, I don't live at home is it possible to get a protective order?

my father is still my legal guardian

he has pointed a gun at me before

he has beaten my mother in front of me

I am terrified of him

he is diagnosed with anti social personality disorder (he's a sociopath)

he refuses to give me my legal documents SSA, Birth... Read more »

John Hyland Barrett III
John Hyland Barrett III answered on Mar 4, 2020

If you are an adult (age 18), you can get a protection order based on these facts. If you are a minor, your mother can get a protection order for her and you. You or your mother should get a lawyer to help you with this.

View More Answers

1 Answer | Asked in Personal Injury and Social Security for Minnesota on
Q: How can I stop my payee using my money for her one use

I looked into my bank account and she used my money to pay for her sons lawyer. Told me that I have to give her all my money because she is behind in her Bills. I never can buy myself clothes which I need too. I just need help so she will stop doing it

Scott F Bocchio
Scott F Bocchio answered on Mar 2, 2020

You can either change your bank account or Stop her from having access as a signatory.

Attorney Scott F. Bocchio, Esq

President

Legal Rights Advocates

P 855-254-7841

www.legalrightsadvocates.com

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.