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Social Security Questions & Answers
1 Answer | Asked in Family Law, Legal Malpractice and Social Security for North Carolina on
Q: Can the mother of my children be my legal guardian and representative payee?

I am legally declared incompetent and my mother is my legal guardian and payee. We are awaiting a hearing. DSS attorney will be present.

Kenneth Prigmore
Kenneth Prigmore answered on Mar 4, 2021

Legal guardians need to be a responsible adult. If the judge is convinced the person you request is responsible and they have your interests in mind, that change should not be a problem.

1 Answer | Asked in Social Security for Texas on
Q: How do I fight for the money my son father didn't receive due to death from social security? The dad has 2 male heirs.

My son father died right after winning his battle against social security. He was awarded about 90,000 and only received 38,000 before death. I was told the rest of his money goes to his children out side of the survivors benefits they are already getting. This all took place in oklahoma city... Read more »

Peter N. Munsing
Peter N. Munsing answered on Feb 26, 2021

Assuming the children live with you you need to file a claim from wherever you are.

2 Answers | Asked in Social Security for Florida on
Q: How do I obtain my sons social security number?

My ex wife has his social security number but will not give it to me.

Susan Michele Schaefer
Susan Michele Schaefer answered on Feb 25, 2021

Look on your previous tax return. If you had included your child as a dependent. his Social Security number will be on the tax return.

Otherwise, you may need to obtain a replacement Social Security card by filing form SS-5 with Social Security - see https://www.ssa.gov/forms/ss-5.pdf. You...
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1 Answer | Asked in Social Security for Oklahoma on
Q: Will my wife have to repay her disability insurance?

When working, my wife took out disability insurance. A few years later she had a cyst on her spine removed and was unable to return to work. She has submitted a social security disability request 2 years ago. She finally had her review with a judge. If she receives back pay, will she be required to... Read more »

Kenneth Prigmore
Kenneth Prigmore answered on Feb 22, 2021

Sometimes you do have to pay some or all of your ssa disability payments to an insurer based on your agreement with the insurer. The HR person at your wife's work may be able to point you to the relevant language in the agreement.

1 Answer | Asked in Criminal Law and Social Security for Idaho on
Q: Can I get house arrest instead of jail time?

I have a battery charge from last March. I was sentenced to probation. It took them 6 months to get that sentencing. I am on SSI. I have not been able to keep up with probation, counseling, OT and my house work. I have missed a lot of check ins and drugs tests. And my probation officer put out a PV... Read more »

Kevin M Rogers
Kevin M Rogers answered on Feb 14, 2021

From your question it seems like you may be disabled? If so, you certainly may ask the court for "alternative sentencing" options, such as "home detention." Usually reserved for those who have some physical reason why jail would be too difficult, home detention typically nets 2... Read more »

1 Answer | Asked in Social Security for Ohio on
Q: Somebody use my social to commit a crime don't I have a right to this info

I got pulled over they ran my plates and they were flagged they said somebody use my social to commit a crime but would not give me any more info since they used my social don't I have a right to know the act or the person who used my social

Susan Michele Schaefer
Susan Michele Schaefer answered on Feb 10, 2021

Since you suspect someone is using your Social Security number and may be committing identity fraud, you should immediately report the incident to the Federal Trade Commission's (FTC) at their website IdentityTheft.gov. Social Security also recommends that you review earnings posted to your... Read more »

1 Answer | Asked in Social Security for Illinois on
Q: I'm owed back pay in child support for my now autistic adult son. Will this interfere with him collecting ssi?

Father was underpaying me while my son was in high school and the transition house. He aged out last year. We have been in court for 5 years trying to collect the right amount of support. We go back to court to finalize underpayment and my son was approved for ssi. However, because the monies was... Read more »

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

Social Security counter child support as unearned income for purposes of calculating the child's SSI benefits. However, Social Security does not always count the entire child support payment as unearned income. If a child support recipient is younger than 18 (or 22, if she is still in school),... Read more »

1 Answer | Asked in Social Security for Georgia on
Q: SS Adm. will not provide benefit (65 yrs) without proof that I completed my incarceration. What do I do?

I completed the sentence a year ago. I can't get anyone in the judicial system to provide documentation (origin copy) that I am not in a detention center. I am 65 years old and need the benefit. I don't know what to do.

I have asked prison representatives for the information... Read more »

Susan Michele Schaefer
Susan Michele Schaefer answered on Feb 8, 2021

You can provide Social Security a copy of your prison release documents as proof you completed your incarceration. If you do not have the documents, contact the prison's representative to request the documents.

See https://www.ssa.gov/pubs/EN-05-10133.pdf.

1 Answer | Asked in Social Security for Kentucky on
Q: I'm 59 on a ss disability my girlfriend is 69 with ss if we get married would it mess things up?
Timothy Denison
Timothy Denison answered on Feb 6, 2021

Unless their is a major advantage to you getting married (and I can’t imagine what it would be at your age), I wouldn’t consider getting married. Why screw up the rest of your life?

1 Answer | Asked in Family Law, Juvenile Law and Social Security for Georgia on
Q: i am 17 and am filing for emancipation and i need advice

hey so first i have read all these questions and i have sou lawyers answers dont leave one like that for me OK.

ok so i am going to court against my mom because she is calling the cops on me saying i am a runaway but i have proof that i was home. she filed an ungovernable on me because i... Read more »

Kenneth Prigmore
Kenneth Prigmore answered on Feb 6, 2021

Dear friend,

I was unable to identify any specific question that you have. It sounds like your teenage years have been quite difficult. As I don't have the full story, I highly recommend you seek advice from someone local that you can visit with in person and tell them your story....
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1 Answer | Asked in Child Custody and Social Security for New York on
Q: what if the paternal grandfather is keeping their grand childs social security number from the mother

how can he get away with it for this long and I need it to change my sons last name

Kenneth Prigmore
Kenneth Prigmore answered on Feb 6, 2021

Legal custody is required to hold on to the Social Security Card. If the mother of the child has legal custody, and the Paternal Grandfather has no legal custody, then the Grandfather cannot keep the card.

If some other custody situation exists other than what is described above, then the...
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1 Answer | Asked in Social Security for Wisconsin on
Q: I was receiving SSI. I received an inheritance which put me over the SSI resource limit so they stopped sending me SSI.

After a few months I spent it and am below the resource limit. They want proof. Is sending them my bank statements for those months enough proof to get my SSI back?

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

Sending copies of your bank statements to Social Security may be enough to prove that you spend the funds that put you over the resource limit. However, Social Security may also ask for receipts of items or services that you purchased during spend down. You can also let them know about what... Read more »

3 Answers | Asked in Social Security for Texas on
Q: Can I represent myself in a case against Social Security ?
Scott F Bocchio
Scott F Bocchio answered on Feb 1, 2021

Hi, yes you can represent yourself.

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1 Answer | Asked in Criminal Law and Social Security for Virginia on
Q: Can legally they take your disability if you are Incarcerated but have yet to be sentenced or found guilty
Susan Michele Schaefer
Susan Michele Schaefer answered on Jan 31, 2021

Yes, Social Security generally does not pay Social Security and Supplemental Security Income (SSI) recipients during confinement for a crime in jail, prison or certain other public institutions. See, https://www.ssa.gov/pubs/EN-05-10133.pdf.

For SSI benefits, the law states that you cannot...
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1 Answer | Asked in Workers' Compensation and Social Security for Maryland on
Q: Can you invest in stocks while collecting workers compensation and SSDI? I know they send a 1099 at the end of the year.

Does this count towards substantial gainful employment? I want to invest my money but I don't want it to be counted against me. I am also collecting SSDI and I don't want to lose my benefits.

Mark Oakley
Mark Oakley answered on Jan 31, 2021

No. Investment income is "unearned income" and there is no limit on the amount of unearned income you can generate for yourself. SSDI and workers' compensation benefits are only affected by actual employment/work income. Self-trading your own investments is not considered employment.

3 Answers | Asked in Civil Rights and Social Security for Texas on
Q: Hello, I applied for disability and now it has been 11 months and I haven’t heard anything back from the state.

Do I need a lawyer and how much will it cost?

Susan Michele Schaefer
Susan Michele Schaefer answered on Jan 28, 2021

Your 11 month wait for a disability decision from Social Security is about what I have been experiencing with my clients' cases since COVID. You can either call Social Security and ask about the status of your case or you can go to My Social Security and check for updates online.

I...
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2 Answers | Asked in Social Security for Illinois on
Q: Do I qualify for social security

Hi I am a 44 year old woman who worked at Walmart 26 years hard labor. At the moment I have severe arthritis in my right hip pending hip replacement as well as arthritis in my left hip and both knees and thumbs. I have been off since last April due to my job not allowing me to work with... Read more »

Kenneth Prigmore
Kenneth Prigmore answered on Jan 20, 2021

There are at least 2 programs you need to look at. Walmart Employee Disability and Social Security Disability. I don't know for sure, but I would be very surprised if Walmart had no employee disability insurance. You will need to talk to Walmart Human Resources to learn more. As for Social... Read more »

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1 Answer | Asked in Social Security, Tax Law and Real Estate Law for North Carolina on
Q: How would LLC income affect my Social Security benefit?

I am receiving Social Security retirement benefits. I have a rental property that nets about $4000.00 per year. If I put this property into an LLC (North Carolina), will I have to pay FICA? Will it affect the benefit I currently receive?

Susan Michele Schaefer
Susan Michele Schaefer answered on Jan 17, 2021

Once you reach full retirement age, there is no limit on how much you can earn and still receive your Social Security retirement benefits without any reduction.

If you began receiving Social Security retirement benefits before your full retirement age, Social Security will deduct $1 in...
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1 Answer | Asked in Elder Law and Social Security for California on
Q: Do I go to a County attorney to turn in elder abuse , neglect and miss use of retirement fund's

It looks to me as if he suffered during his death

Jeffrey Louis Gaffney
Jeffrey Louis Gaffney answered on Jan 12, 2021

Start with Adult Protective Services. I have had great luck with them and they will refer it to the office it needs to go to.

1 Answer | Asked in Identity Theft, Public Benefits and Social Security for Rhode Island on
Q: My daughter's father died in Jan '20 the 1st stim. check still went to him and I never got it. How do I get the 2nd ch

He received the first stimulus check to his address I'm assuming his mother took it because I never got it. After he died Jan 2nd 2020 his father did his taxes and claimed my daughter so will my second stimulus check be sent there also? How do I make sure that it goes to the right place. Also... Read more »

Susan Michele Schaefer
Susan Michele Schaefer answered on Jan 5, 2021

The IRS handles the Economic Income Payments (stimulus checks). IRS will be issuing the second round of payments based on the information the IRS has on file for your 2019 tax return, the information provided by Non-Filers tool, payment information entered on the Get My Payment tool, or information... Read more »

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