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Social Security Questions & Answers
1 Answer | Asked in Social Security for Texas on
Q: I have been divorce for over 20 years is my ex wife entitled to any of my social security money?
Elizabeth Fowler Lunn
Elizabeth Fowler Lunn answered on May 5, 2021

That depends on how long you were married, whether or not she has remarried, etc. However, if she is eligible for payment based on your work record, it does not affect the amount of your payment.

1 Answer | Asked in Social Security on
Q: Best way obtain social security work record
Elizabeth Fowler Lunn
Elizabeth Fowler Lunn answered on May 3, 2021

You can see the earnings Social Security has a record of by setting up for free account on Social Security’s website. You can also request that they mail you the record.

1 Answer | Asked in Social Security for New Jersey on
Q: My sister had child w/man & he immediately left her. My sister died & my niece was only 8. She received survivor ss

He married after my sister died. His children receive survivor benefits from my sister. My sister never met his children. How can this be? Social security took over $200 a month from my niece & split it with his 4 children he had with his wife. I don't understand how this can be. My sister... Read more »

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

Since a birth certificate has to be supplied to prove parentage for a child to receive survivor's benefits, it is not likely that his other children are collecting a payment. The person that told you his children are collecting may just be incorrect. Your niece's legal guardian (if it is... Read more »

1 Answer | Asked in Social Security for Missouri on
Q: Are there any pro bono laywers to help woth disability overpayments?

There is an overpayment they keep trying to stop my payments to pay back. When i moved 5 years ago to missouro from tennessee all of the sudden there was over payment but never have i ever recieved one unless it was when my mother was payee for me and said nothing. No one is giving me answers on... Read more »

Elizabeth Fowler Lunn
Elizabeth Fowler Lunn answered on Apr 28, 2021

I would suggest contacting Legal Aid because they may have an attorney on staff or a volunteer attorney who can assist you with this. Try to collect any letters or notices you have gotten from Social Security about the overpayment they say that you owe.

A waiver of the overpayment is...
Read more »

1 Answer | Asked in Personal Injury and Social Security for Pennsylvania on
Q: I am an orphan who has been kept from exercises around my orphan also starved and robbed for my social security

Who do i contact law firm?...or officers my contact info ..my original bc my name is it in Philadelphia....

Tim Akpinar
Tim Akpinar answered on Apr 20, 2021

This is really something that a Pennsylvania attorney familiar with child protection matters would know how to handle. I'm not certain if there is such a category here that deals with child welfare services or child protective services. The closest category might be Family Law - If you were... Read more »

1 Answer | Asked in Social Security for Illinois on
Q: Does a inheritance have to be reported to SSI?

Close an account with a parent after passing away received a check I did not cashed it. Not sure how to handle the cashing of the check. Did not know how to talk to SSI about the inheritance down the line whether or not to report it or do I need to.

Kenneth Prigmore
Kenneth Prigmore answered on Apr 20, 2021

There are 2 forms of SSI. One is based on your past work. The other is based solely on need. THe need based will be affected by money you have, no matter the source. The one based on past work does not care how much money you have.

1 Answer | Asked in Social Security for New York on
Q: If I am on social security disability will a 25,000 inheritance affect my disability payments
Cristina M. Lipan
Cristina M. Lipan answered on Apr 19, 2021

If you are receiving SSD, then assets won't matter, you just can't be working (because you're disabled). If you are receiving SSI, which is based on need, then it will.

For more info: https://www.crestssd.com/social-security-disability-qualifications/ssd-income-limits/

2 Answers | Asked in Estate Planning and Social Security for California on
Q: Mom is 78 and rec'v monthly Survivors Benefits from SS. She is a beneficiary for an IRA/401K. Will she lose her SS?

Her brother died, he was 75 and had no dependents. Mom is the next of Kin. She receives her deceased spouses SS Retirement benefits that started when she retired at 62. She was left to take care/close out his banking and found out he had a 401K and an IRA. She is a beneficiary on one and had to... Read more »

Nina Whitehurst
Nina Whitehurst answered on Apr 14, 2021

It depends a great deal on what kind of benefits she is receiving. If she truly is receiving Social Security survivor RETIREMENT benefits, then the inheritance will not impact her benefits eligibility at all. If she is receiving something else, like SSI, the inheritance would impact her benefits... Read more »

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1 Answer | Asked in Social Security for Florida on
Q: Florida Married 3 mos shy of 10 yrs to be eligible to collect 50% of his SS benefits when he dies. Dated 3.5 years prior

I want to find out if there any way around this. I wonder if the marriage certificate would still be on file. He never married again. I have 2 children with him. I'm not married now. I believe I would also be entitled to survivor benefits.

Rand Scott Lieber
Rand Scott Lieber answered on Apr 13, 2021

The answer to this question will not depend on Florida law. You should be able to contact a social security office and ask this question. If your marriage did not last ten years there may be nothing that you can do.

Good luck.

1 Answer | Asked in Securities Law and Social Security for Louisiana on
Q: I think I have an investigation with the social security disability administration against me and I am on parole I am to

See how I can go about resolving this where I dont go to jail

Elizabeth Fowler Lunn
Elizabeth Fowler Lunn answered on Apr 10, 2021

If you believe you are under investigation for fraud by the Social Security Administration then you need to consult with a criminal law attorney who is experienced with federal fraud cases. They will be able to help you determine if you are actually under investigation and can advise you about... Read more »

1 Answer | Asked in Social Security for Georgia on
Q: I’m in Georgia Can I draw ssd off my husbands if I don’t have enough credits off my own. I’m physically unable to work
Elizabeth Fowler Lunn
Elizabeth Fowler Lunn answered on Apr 7, 2021

Unfortunately you are not able to draw disability benefits based on his work record. The only exception to this is if you are over 50 and a widow. A widow who is over 50 and disabled can draw off of her deceased husband's record if her disability happens within 7 years of his death.

1 Answer | Asked in Social Security for Massachusetts on
Q: If I accept a lump sum payoff on my LT disability claim will it affect my ssdi benefit when I reach retirement age?

I receive part of my disability benefit from ssdi and part from Lincoln Financial (disability insurance through my employer). Will my total benefit stay the same when I reach retirement age?

Elizabeth Fowler Lunn
Elizabeth Fowler Lunn answered on Apr 5, 2021

The amount of your Social Security benefit is not affected by your LTD payment. This assumes you are receiving regular Title II (SSDI) benefits from Social Security. The amount of your LTD payment may be reduced due to the receipt of your Social Security. That depends on the terms of your LTD... Read more »

1 Answer | Asked in Copyright, Public Benefits and Social Security for Florida on
Q: Can I sue my lawyer for "withdrawal is failure to cooperate in good faith?"

I have been working with my lawyer for 1.5 years, and just as my disability retirement case is in the final stages (which looks like it won't be a winner), they decided to withdraw as my lawyer because they say I am not cooperating in good faith. Basically, the lawyer wanted me to submit my... Read more »

Elizabeth Fowler Lunn
Elizabeth Fowler Lunn answered on Apr 5, 2021

I’m sorry you had a negative experience with your attorney. Hire another attorney to handle your disability case if you don’t want to represent yourself. The issues with the forms from the doctor may have caused a problem with your case or it could be a the whole set of records don’t support... Read more »

1 Answer | Asked in Social Security for Texas on
Q: Hi, I wanted to find out what happens next after my SSDI case is granted through Federal Civil court.

court GRANTS Plaintiff’s motion for summary judgment and DENIES Defendant’s motion (I don't have a lawyer)

Elizabeth Fowler Lunn
Elizabeth Fowler Lunn answered on Apr 1, 2021

If you have a lawyer who represented you in Federal Court you should ask them. Typically this means that the Court has found in your favor in terms of the appeal. This does not necessarily mean that you have won your overall claim for benefits. Read through the Court's order. It will usually... Read more »

2 Answers | Asked in Family Law and Social Security for New Jersey on
Q: Can my parents kick me out at 17 if I have aspergers and they use me for income

I’m 17

Richard Diamond
Richard Diamond answered on Mar 29, 2021

Obviously there are serious problems / conflict in your house that needs to be addressed. I would run an internet search on family crisis intervention programs in the county where you live in to find out what mental health services are available to you to help in dealing with the fight taking place... Read more »

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1 Answer | Asked in Employment Law and Social Security for New Jersey on
Q: Should I be concerned I am being discriminated against for being on disability

I am on Social Security Disability and I applied for a job at a local grocery store. I revealed this fact to the interviewer when I was called. I explained I could only work 19 hours due to Social Security. They said they for people who could work between 10-24 hours but they preferred 24 hours. So... Read more »

Elizabeth Fowler Lunn
Elizabeth Fowler Lunn answered on Mar 28, 2021

They likely didn’t want to have to worry about how they scheduled you and might have been concerned about a possible worker’s comp claim. You’d likely have a hard time proving the didn’t hire you just because you are disabled.

However I’m concerned that you think there is a...
Read more »

1 Answer | Asked in Social Security for Texas on
Q: My son father died right after winning his battle against social security. He was awarded about 90,000.

My son lives with me here in Texas the other child lives in oklahoma. What kind of claim do i file. When I went to social Security and applied for the remaining amount they said the kids don't get it. Both children get survivors benefits already from social security (rsdi). Their dad only... Read more »

Kenneth Prigmore
Kenneth Prigmore answered on Mar 27, 2021

At death, back pay is owed to the deceased person's estate. The estate will get distributed by will or Trust, if he had them. If he doesn't have them state law will determine what happens to his estate.

I don't know which state the father was living in when he died, but most,...
Read more »

1 Answer | Asked in Social Security for Arizona on
Q: Hello I am on SSDI and I was wondering if sweepstake prizes redemptions need to be reported to SSA? I'm under the......

......impression that they don't as it's unearned income. I'm just wondering if my assumption is correct just in case?

Kenneth Prigmore
Kenneth Prigmore answered on Mar 26, 2021

So there are two Social Security sources of disability income. Need based disability and prior income based disability. If your income is need based disability, (meaning you didn't have enough past work to qualify for income based disability) then any money is part of the calculation whether... Read more »

1 Answer | Asked in Employment Law and Social Security for California on
Q: I need legal consultation regarding filing for permanent disability and drawing unemployment at the same time.

Should i severe from my employer? Im on leave. Disabled back and also on psyche meds. Employer cant place me in a seated position as doctor instructed due to several back problems. Employer says im eligible for unemployment because they cant meet Dr restrictions

Neil Pedersen
Neil Pedersen answered on Mar 24, 2021

Your employer is wrong. If you cannot work, you do not qualify for unemployment insurance benefits. To get those benefits you need to certify that you are ready, willing and able to work full time and that you are actively seeking such employment.

You need to apply for State Disability...
Read more »

1 Answer | Asked in Education Law and Social Security for Texas on
Q: Is it required of teachers to fill out a SSA Teacher Questionnaire for a former student who has graduated and seeking

SSI disability? Is this a federal requirement? Are there consequences for a teacher who doesn't answer.

Susan Michele Schaefer
Susan Michele Schaefer answered on Mar 22, 2021

No, it is not mandatory that a teacher complete a Teacher Questionnaire. However, please consider completing either the questionnaire or a letter to describe your former student's functioning because the information you provide is an important part of the disability assessment. For more... Read more »

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