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California Social Security Questions & Answers
1 Answer | Asked in Estate Planning, Tax Law and Social Security for California on
Q: I would like to shelter my lump-sum SSDI payment from further taxation. I am currently in an "uncollectible" status.

A lawyer friend suggested an irrevocable trust. Does that make sense?

Thank you,

Nina Whitehurst
Nina Whitehurst answered on Jul 17, 2021

It is not clear what “further taxation” concerns you. Is it income tax? Estate tax? Real property taxes? Something else? It could be that you yourself do not understand the taxation of SSDI benefits. You should consult with a tax advisor about that. Most likely you will not need any kind of... Read more »

2 Answers | Asked in Social Security for California on
Q: Does rental income count as earned income for social security work credits if owner managed the property personally?

I owned and personally managed and worked on the rental property.

Elizabeth Fowler Lunn
Elizabeth Fowler Lunn answered on Jun 22, 2021

Credits are earned when you work and pay Social Security taxes on the income. This is different than paying income tax. You should speak with a CPA or tax professional about making sure that you pay the tax. Those people are often trying to keep your tax bill as low as possible. You may not be... Read more »

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1 Answer | Asked in Social Security for California on
Q: When I applied for Disability on a duel application FOR benefits SSA determined me medically disabled and permanent SO

My question is then there is only one medical approval for either SSI OR SSDI WHEN I first applied and I was only given SSI BUT a few months later IRS AMENDED MY EARNINGS AND then I qualified for SSDI SO I don’t have to redo another medical review by DDS A SECOND TIME OR JUST A REOPENING because... Read more »

Cory Allison DeLellis
Cory Allison DeLellis answered on May 19, 2021

Good morning Clovis,

Social Security may review your disability status every year or so to make sure that you are still "disabled" under their rules. They generally do this by reviewing your medical records. If they see anything alarming in your medical records which may indicate...
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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 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...
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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.

2 Answers | Asked in Social Security for California on
Q: Can u rec ssi and work less than 20 HRS a month .

Due to the epidemic I applied for the epidemic assistance by the EDD . I was like a taxie giving rides. The web site says u can do that . Is that true.

Kenneth Prigmore
Kenneth Prigmore answered on Dec 12, 2020

If SSA investigates you and thinks you can work, they will deny you. They don't need a specific rule to do it. That said, you can automatically be kicked out of the system if you earn too much in a month. It has nothing to do with how many hours you work. If you earn over $1,000 in a month,... Read more »

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2 Answers | Asked in Social Security for California on
Q: Social Security question.

'm mentally disabled since 18. I get social security. I'm 58. I saved 20,000 and want to buy gold in two 10,000 installments. I will have to deposit 9000 or so in my bank account twice. Most will be taken out the next day or so after I buy the gold. Should I worry about the temporary... Read more »

Kenneth Prigmore
Kenneth Prigmore answered on Dec 4, 2020

Depending on what type of benefits you receive, keeping a savings may end your benefits. Need based benefits are tied to the $2,000 limit.

Other benefits are not tied to this limit. Call SSA and verify what sources your benefits come from and ask what limits apply to each benefit. You...
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2 Answers | Asked in Civil Rights and Social Security for California on
Q: mom recieves SSA and SSi and FS. She just recieved a 16,666.00 inheritence. How to legally keep w/out losing benefits

My mom is on SSI 163 month, SSA 513 month, part of legally separated hubs ssi 287 month and 153 in food stamps. Total ... She just recieved a cashiers check for 16,666.00 from my grandmas trust as she has passed away. Will my mom lose her benefits? How can we go around them legally so she can keep... Read more »

Kenneth Prigmore
Kenneth Prigmore answered on Nov 3, 2020

If the funds had not been given to your mother, but instead had been given to a trust that could help her, that would have avoided losing benefits. She will lose the $163 a month need based funds. She will continue to get the work based benefits. If she does not report receiving the funds, this may... Read more »

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1 Answer | Asked in Social Security for California on
Q: On SSDI I want to start a GoFundMe acct. to help me move. What is the maximum I can collect without comprimising my SSDI
Susan Michele Schaefer
Susan Michele Schaefer answered on Oct 7, 2020

Funds you receive from a GoFundMe or a similar type of fundraising account is considered by Social Security to be unearned income. Unearned income would not affect your SSDI benefits as there is no required limitation for it.

To maintain eligibility for SSI benefits, Medicaid, SNAP (food...
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1 Answer | Asked in Social Security for California on
Q: im receiving SSDI and awarded a workers comp settlement have a workers comp attorney,do i also need a SSDI attorney ?

my workers comp attorney didnt explain how my workers comp settlement would affect my SSDI benefits. i received letter from SSDI to provide settlement docs, so they can make adjustments to my ssdi payments.

Maurice Mandel II
Maurice Mandel II answered on Jul 19, 2020

Yes, you need an SSDI attorney. It is a completely different system than for WC.

Justia disclaimers below, incorporated herein.

2 Answers | Asked in Social Security and Health Care Law for California on
Q: Is it Too late to Fix my Disability claim?

About a 2 years ago i was diagnosed with Lymphoma and applied for disability and hired a lawyer, due to an issue it got delayed about a year till this march/april. at the time from the way things were going i had assumed i would be right as rain and back to normal within a month from what the test... Read more »

Stanley Dale Radtke
Stanley Dale Radtke answered on Jul 14, 2020

When you state that you "applied for disability," was that for State Disability Insurance, "SDI", or Social Security Disability Insurance "SSDI", or for Supplemental Security Income "SSI"?

If you are taking about SSDI, then you must have 40 units of...
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1 Answer | Asked in Social Security for California on
Q: My dad gets SSI, living alone. If my dad moves to my new 2nd home, paying rent to me, will his SSI remain the same?

My 83 year old dad receives SSI ($900/month) and lives in a subsidized senior apartment, paying rent of $300 per month (not sure whether he's in section 8). I'm thinking of buying a 2nd home soon and want him to live there by himself (he likes to as well), as it'll be nicer, but my... Read more »

Susan Michele Schaefer
Susan Michele Schaefer answered on Jul 6, 2020

Your dad's living arrangement could affect his SSI, so care will need to be taken so that he continues to get his maximum amount of SSI benefits. With only a few precautions, what you and your dad are planning is a very doable arrangement.

Your dad can get the maxim SSI benefit if her...
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1 Answer | Asked in Social Security for California on
Q: I was diagnosed with diastolic congestive heart failure i cannot work. Am i eligible for ssi?do i need a lawyer?
Susan Michele Schaefer
Susan Michele Schaefer answered on Jul 3, 2020

I strongly recommend that you consult with a disability lawyer as soon as possible since you have a severe medical condition. Most disability lawyers have free consultations and will be able to discuss with you the financial requirements you have to meet for SSI and the medical requirements to get... Read more »

1 Answer | Asked in Social Security for California on
Q: Can / Should I apply for SSDI while collecting unemployment?

Presently I am receiving unemployment benefits due to COVID-19 loss of business, and later will want to apply for SSDI.

My question- should I collect as much as possible in unemployment and only then apply for SSDI, or I can apply for SSDI now, while collecting unemployment?... Read more »

Neil Pedersen
Neil Pedersen answered on Jul 3, 2020

It takes a great deal of time, and it is not easy to qualify for, SSDI benefits. To get unemployment insurance benefits you need to certify that you are ready, willing and able to work full time, and that you are seeking full time employment. To qualify for SSDI benefits you need to establish... Read more »

1 Answer | Asked in Public Benefits, Social Security and Medical Malpractice for California on
Q: My Doctors&Clinic kept inaccurate records & have altered them to avoid dealing with a complaint. Is this malpractice?

I can prove they altered them. The result has been denial for SSDI benefits and a severe deterioration in my quality of life and has endangered my overall health permanently. I don't know what to do to fix this?

William John Light
William John Light answered on Jun 23, 2020

It might be a HIPAA complaint, but damages are not available for that under the statute.

It might be Negligent Interference with Prospective Economic Advantage, but it's unclear that there would be enough money at stake to justify this type of claim.

Also, I don't know...
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1 Answer | Asked in Family Law, Divorce and Social Security for California on
Q: If I file a legal separation andcmy husband receives SSI benefits, can I receive some of his Income?

I have been married 23 years.

Mike Darlington
Mike Darlington answered on Jun 10, 2020

Social Security benefits are governed by Federal Law and are not part of California divorce proceedings. The law is very clear on your rights as regard what you are entitled to and how to go about getting it.

If you end up being able to draw under your husband's social security...
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1 Answer | Asked in Immigration Law and Social Security for California on
Q: Mothers maiden name on birth certificate doesn't match name declared when coming to US as refugee. Can I get soc securiy

I am a citizen, and I want to apply for social security. But I am worried about this information not matching and getting myself and my family in trouble.

Kevin L Dixler
Kevin L Dixler answered on Jun 9, 2020

The issue is your name, not your mom's name, because you are registering for Social Security. If your mom pretended to be someone else, then that is a completely different issue. It should not affect you if you were born in the United States.

If your mother has concerns, then she...
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1 Answer | Asked in Family Law, Juvenile Law and Social Security for California on
Q: can my father refuse to give me my social security benefits until I’m 18 even though he kicked me out?

months ago I was kicked out,my father didn’t really care but I didn’t tell them where I was going so my fathers sister reported me missing. I still had the missing person report even though everyone including my dad knew where i was at. we got that resolved and both of them stated it was fine... Read more »

Mike Darlington
Mike Darlington answered on May 25, 2020

Call or get online with the Social Security Administration; explain the situation to them and they will head you down the right path. May be a slow process but just take one step at a time and don't lose your patience.

2 Answers | Asked in Public Benefits and Social Security for California on
Q: Applying for SSDI after receiving Unemployment assistance?

I have a progressing illness which qualifies me for SSDI.

Now I lost my job because of COVID-19.

I am planning to collect my unemployment now and then, if no luck finding a job that I can do (if any), I will apply for SSDI.

My question: Can (will) the fact of me receiving... Read more »

Nancy J. Wallace
Nancy J. Wallace answered on May 14, 2020

EDD has Unemployment Insurance or State Disability Insurance (SDI). Self employed do not get UI. Self employed do not get SDI (it's a deduction on workers checks ). Social Security Disability ftom the Federal govt is a possibility. But it requires doctors writing you cannot work, and it... Read more »

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