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Social Security Questions & Answers
1 Answer | Asked in Appeals / Appellate Law, Identity Theft and Social Security for Florida on
Q: Due to a mistake not of my making my DOB is inaccurate by 1 year. I am a 15yr US Navy Vet. Conflicting DOB exists.

I currently hold no valid ID for the State of Florida because of this discrepancy. I am 63yrs old and just diagnosed with prostate cancer, scheduled for surgery on 12 Oct.

Tim Akpinar
Tim Akpinar answered on Oct 16, 2021

This is not my area of practice, but your question remains open for two weeks and it frustrates me that a veteran might have their benefits held up due to administrative discrepancies in personal information. Here is an address link to a page in the SSA website -... Read more »

1 Answer | Asked in Social Security for Indiana on
Q: I applied for social security disability due to medical issues.

I got denied so I did the appeal,and still got denied. Nothing has gotten better or changed. I really help

Susan Michele Schaefer
Susan Michele Schaefer answered on Oct 9, 2021

It is not uncommon to be denied Social Security disability at the initial and reconsideration levels. Continue to appeal your claim. You will be able to provide testimony to an Administrative Law Judge at the third level of appeal. Meanwhile, it is important that you have all of your medical... Read more »

1 Answer | Asked in Gov & Administrative Law, Government Contracts and Social Security on
Q: My grandmother is asking for my social security number for her will. Is this required?

What would she need my social insurance number for?

Susan Michele Schaefer
Susan Michele Schaefer answered on Oct 6, 2021

No, your Social Security number is not required for your grandmother to designate you as a beneficiary in her will. Usually, beneficiaries are identified in a will by name, residence, and relationship to the person making the will. Once you find out from your grandmother why she needs your Social... Read more »

2 Answers | Asked in Social Security for New York on
Q: I told SSA under oath on a recorded line that I was my daughter in order to get disability, to which she is entitled.

In order for my daughter to get disability (to which she is entitled), she had to have a phone interview with the SSA. Because of her disability, she was incapable of being subjected to an interview, so I made believe that I was she. As it turned out, I had to take an oath on a recorded line that... Read more »

Elizabeth Fowler Lunn
Elizabeth Fowler Lunn answered on Sep 30, 2021

You need to speak to a criminal attorney that handles federal fraud cases and find out if they can help you fix this. In addition you need to know that part of the interview process is to assess how your daughter functions. So hopefully you can get it straightened out so that the interviewer can... Read more »

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1 Answer | Asked in Intellectual Property, Probate and Social Security for Puerto Rico on
Q: My father past away. No will. 3 heirs.I lived with dad past 13 yrs and I'm on dialysis. Estate in PR.What are my right.

I don't want to sell but my heirs do. My brother owes $40,000 in child support reason for his need to sell my sister really don't care about the house. Plus I'm in process of getting 75% of dad's social security benefits I'm on dialysis for life and I'm in peace living... Read more »

Rafael  Pagan-Colon
Rafael Pagan-Colon answered on Sep 30, 2021

First off, I'm assuming that your father passed away in Puerto Rico. Although you state that he did not grant a Last Will and Testament, this fact should be confirmed through the Office of Notary Inspections ("ODIN", by its Spanish acronym). We must also verify that a Declaration of... Read more »

2 Answers | Asked in Bankruptcy and Social Security for Washington on
Q: My only Income is social security. I’m looking For pro Bono bankruptcy info in the Everett WA.
Timothy Denison
Timothy Denison answered on Sep 23, 2021

Call your local bar association or Legal Aid Society.

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1 Answer | Asked in Social Security for Texas on
Q: On SSDI r/t stroke-2020. If income from p/t work put in 401k entirely (taxable income 0) does it jeopardize my SSDI?

MD would not release me for f/t work. Am RN.

Neuropsychiatrist eval established disability.

58 yo white female.

Offered PART-TIME transcription work (16 hr/wk).

Would be <1260/month.

Can't lose SSDI. Would this jeopardize it?

Elizabeth Fowler Lunn
Elizabeth Fowler Lunn answered on Sep 21, 2021

Part-time work can be considered substantial gainful employment by the Social Security Administration. It makes no difference that you would be putting the money into a retirement account. SSA rules would still classify this as income and would need to be reported to SSA even if it is not taxable... Read more »

1 Answer | Asked in Social Security for Arizona on
Q: IF I AM SUED CAN THE TAKE MY social security
Susan Michele Schaefer
Susan Michele Schaefer answered on Sep 20, 2021

Your Social Security benefits can only be garnished for unpaid Federal taxes, delinquent non-tax debts owed to other federal agencies, unpaid child support and alimony, and any court ordered victims restitution. Social Security benefits are protected from garnishment when it comes to private debt ,... Read more »

1 Answer | Asked in Social Security for Texas on
Q: On SSDI r/t stroke-2020. If I'm paid salary that's all put into retirement acct is it still reported to SSA as income?

Can it disqualify me from receiving benefits?

Kenneth Prigmore
Kenneth Prigmore answered on Sep 20, 2021

The SSA Disability determination will be based on your ability to show up and do full time work. Your actual income has little to do with the equation. Sometimes there are exceptions based on you getting paid more than you are able to earn due to a generous employer that is aware of your... Read more »

2 Answers | Asked in Gov & Administrative Law, Public Benefits and Social Security for California on
Q: I will be going before an Administrative Law Judge for Social Security disability benefits. Any clinics around to help?
Elizabeth Fowler Lunn
Elizabeth Fowler Lunn answered on Sep 15, 2021

There may be a local law school with a clinic for disability benefits so you could call around and ask. If you are concerned about not having money to pay a lawyer you don’t need to worry about that. You don’t pay up front and the attorney only gets paid a percentage of your back benefits if... Read more »

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1 Answer | Asked in Banking, Collections, Identity Theft and Social Security for Nevada on
Q: Credit report account made but not by me?

So I go to credit karma to make acc. They tell me a acc already made with a email. And told me what email. My biological fathers. And so on. Apparently goes on it everyday? Why? My credit. I’m 25. I am mentally disable. Growing up. I guess as a aunt said. He used me for debt. Wells Fargo credit... Read more »

Susan Michele Schaefer
Susan Michele Schaefer answered on Aug 30, 2021

If someone has misused your Social Security number or other personal information to create credit or other problems for you, then you need to take action right away. Go to IdentityTheft.gov - it is a website managed by the Federal Trade Commission (FTC) - and they will help you with a recovery... Read more »

1 Answer | Asked in Appeals / Appellate Law and Social Security for Oregon on
Q: I need help filling an appeal with social security. There are several reasons they said they denied that were false,

They have Drs I never seen saying I can do things I can not do,

They disagree because I did not stay over night just treated and release for

for COPD and chronic bronchitis, (I have most meds at home to help)

I am now using a walker most of time but can use my cane for... Read more »

Susan Michele Schaefer
Susan Michele Schaefer answered on Aug 26, 2021

I am sorry to hear that Social Security denied your disability claim.

You have 60 days to appeal this decision. Make sure that you file the appeal timely, even if you are still looking for someone to help you with your claim.

You should consult with a disability attorney right...
Read more »

1 Answer | Asked in Social Security for California on
Q: CAN A MENTALLY ILL PERSON REPRESENT THEMSELF IN A SSI DISABILITY CASE

IF A DEFENDANT HAS A SSI DISABILITY CASE FOR BEING MENTALLY ILL AND BLIND - CAN HE REPRESENT HIMSELF IN COURT WITHOUT A COMPETENCY HEARING

Elizabeth Fowler Lunn
Elizabeth Fowler Lunn answered on Aug 26, 2021

If you have applied for SSI and have an upcoming hearing with a Social Security ALJ for that claim you are not a defendant. Typically in Social Security hearings you are not required to have an attorney. That being said I would strongly encourage you not to represent yourself. There are a lot of... Read more »

1 Answer | Asked in Social Security for New Jersey on
Q: I am on SSDI ( due to ms) and i'm in a irrevocable special needs trust with my brother who can't pass his portion to me

We are both equal ownership (inheridence from father who just died) but due to the fact he is involved with a bankruptcy which will not let him pass ownership to me. Do we have any options with out being forced to give up the condo(currently I am living there) at and have to move out? and can he... Read more »

Elizabeth Fowler Lunn
Elizabeth Fowler Lunn answered on Aug 26, 2021

I’m sorry that your father has passed and your brother is in a difficult circumstance. His bankruptcy attorney can explain all of his options with regard to the trust. His attorney may also need to consult with a probate/estate planning attorney. Because the laws regarding the trust are state... Read more »

1 Answer | Asked in Social Security for New York on
Q: im looking for a lawyer that can help with filing application for ssdi around the plattsburgh ny 12901 area
Tim Akpinar
Tim Akpinar answered on Aug 19, 2021

You could use the Find-a-Lawyer tab above. In the third column of practice areas, you'll see the linked text "Social Security Disability." You should be able to search by county or city. Plattsburgh or Clinton county might not immediately come up in the basic results. You might have... Read more »

2 Answers | Asked in Family Law and Social Security for Oklahoma on
Q: I am 18 years old and I want to change my last name to my birth dad's last name he died when I was seven what do I do

My grandpa who was his dad said I could and if need to we could do a DNA test with me and him but it's a complicated situation because my dad died when I was seven and I have no records of him except pictures when I was little and he signed in as my dad when I was born but never put on my... Read more »

Kenneth Prigmore
Kenneth Prigmore answered on Aug 18, 2021

I do not practice in Oklahoma, but your question appeared in my email today. Most attorneys will talk to you for free to see if they can help you. I recommend doing a google search for "oklahoma name change attorney". This will give you the contact info for several attorneys that... Read more »

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1 Answer | Asked in Social Security for California on
Q: How can we obtain a legal court ( embossed), wet ink document appointing my wife, Mary Scott as executor of her aunts

estate? We are dealing with social security, and need this court document to get info for her aunts estate. Can you help? thank you very much, Ca. and/or Roseville Ca. area only please.

Elizabeth Fowler Lunn
Elizabeth Fowler Lunn answered on Aug 4, 2021

You will need to talk to the clerk of court where her aunt resided about the process. It will depend on whether or not her aunt left a will naming an executor. Your wife could also speak with an attorney that handles probate cases. Most attorneys who do estate planning (wills and trusts) will know... Read more »

1 Answer | Asked in Social Security for Tennessee on
Q: My son got diagnosed with Combined ADHD. ODD. Anxiety. and Conduct Disorder. Does he qualify for SSI?

I had to quit my job in June. He got kicked out of two day cares because of being extremely violent towards other kids and staff. He choked a kid at Boys and Girls Club and broke a kids eye glasses. He was also hitting. He is very violent towards others. We are currently doing regular check ups... Read more »

Susan Michele Schaefer
Susan Michele Schaefer answered on Aug 4, 2021

You are so right to explore whether your son could qualify for child SSI.

SSI is a needs-based program, so there are limited income and resource requirements. Disability underChild SSI is defined as the child having physical or psychological impairment(s) that very seriously limits his...
Read more »

1 Answer | Asked in Social Security for Rhode Island on
Q: My father died, I am an unmarried only child that is on disability, can I claim survivors benefits ?
Elizabeth Fowler Lunn
Elizabeth Fowler Lunn answered on Aug 2, 2021

You cannot get survivors benefits because you are an adult. If you became disabled prior to age 22 and have never been married you can file for Disabled Adult Child benefits.

1 Answer | Asked in Social Security for Oklahoma on
Q: After being incarcerated for 4 years, I'm being told I must begin all over again to get my SSDI benefits, is this true?
Elizabeth Fowler Lunn
Elizabeth Fowler Lunn answered on Aug 2, 2021

Yes. You will need to file a new application for benefits. Benefits are ceased after 12 months of incarceration. If your minor children were receiving benefits because of your disability those likely continued while you were gone.

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