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Florida Social Security Questions & Answers
1 Answer | Asked in Tax Law, Health Care Law and Social Security for Florida on
Q: Can my father pass an inheritance he will receive to his kids without reporting it an losing his medical benefits ?

So my father is on his fathers Will an will receive about $40,000. his father is medically unable to change the will at this time. My father is on Social security disability, has medicare an medicaid which are very important because he needs them to pay for dialysis. I heard that if he gets this... Read more »

D. Mathew Blackburn
D. Mathew Blackburn answered on Sep 5, 2019

You can disclaim an inheritance but it won't necessarily go to his kids. There are also exemptions on medicaid/care for lump sums.

I would suggest hiring an attorney to advise him on this. If you don't do it correctly it'll be bad.

1 Answer | Asked in Family Law, Child Support, Juvenile Law and Social Security for Florida on
Q: Is it against the law for my mom not giving me my SSI check?

My mom has a disability so shes not able to work therefor she receives an SSI check for her, me and each of my sisters. She always spends it on herself and never gives us a dime. Is it wrong that she is not giving me my check?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Aug 19, 2019

Unless you are over the age of 18 your mother can do pretty much whatever she wants.

1 Answer | Asked in Social Security for Florida on
Q: How do I get ssi to stop garnishing my wages after i have paid what i owe them?

My pay roll department shows I have paid what I owe them but social security is not reflecting it and they show I still owe them. How do I correct this so I can stop my wages from being garnished?

Peter N. Munsing
Peter N. Munsing answered on May 1, 2019

Get a copy from work of all that was paid. Make some copies of that.

File with social security a form for Relief from Overpayment

Go tot he Social Security Office.

1 Answer | Asked in Social Security for Florida on
Q: Is my sister eligible for SSDI?

My sister was recently diagnosed with myotonic dystrophy by a neurologist specializing in neuromuscular diseases at USF Medical School. She had worked for the same company (Verizon) for nearly 30 years but was laid off five or six years ago and didn't feel well enough to look for a new job. Her... Read more »

Peter N. Munsing
Peter N. Munsing answered on May 1, 2019

Start by going with her if possible if not by yourself to social security. They will tell you her "insured status." Apply for that and for SSI. It is a process she can do with the help of an opinion letter from her doctor.

1 Answer | Asked in Public Benefits, Social Security and Collections for Florida on
Q: Can social security benefits be garnished for unpaid out of state (New York) medical bills if a judgment is awarded?

My father is retired, lives in Florida and receives social security benefits. In 2015 At age 64(was on ssid) he was admitted to the ER in New York (state funded hospital) while on vacation for heart related issues. Had no insurance at the times as he had been placed on social security disability... Read more »

Barry W. Kaufman
Barry W. Kaufman answered on Oct 9, 2018

Generally, under Florida law, SSI cannot be garnished. However, without knowing why the NY AG sued him and because a state agency is involved, and not a private creditor, the benefits may be able to taken by other means. He should contact his county legal aid office to see if he can get some legal... Read more »

1 Answer | Asked in Family Law and Social Security for Florida on
Q: Can my fiance and I choose a new last name when we get married?

We have decided to not use either of our own last names and instead get a new last name. We are getting conflicting answers though on how to go about this. Some say we have to go through court to have a legal name change, others tell us all we have to do is set a new last name on the marriage... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Sep 6, 2018

I'm fairly sure that the latter advice is correct: each of you can put a new last name on the license. Check with the office of the clerk of court in your county to be doubly sure.

1 Answer | Asked in Elder Law and Social Security for Florida on
Q: I live in the state of Florida and own a home jointly with my gentleman friend. I receive medicare and Medicaid.

I inherited money and I would like to buy out my friends half of the house and own it myself. Would this be allowed under the Medicaid spend down requirement in the state of Florida?

Jason E. Neufeld
Jason E. Neufeld answered on Aug 31, 2018

As long as you live there and are paying fair-market value, I don’t see a problem. Make sure to report the change in circumstances. Also the timing of the inheritance/real estate transaction is important.

1 Answer | Asked in Social Security for Florida on
Q: Will I qualify for social security benefits while I'm still working?
Terrence H Thorgaard
Terrence H Thorgaard answered on Aug 3, 2018

Yes, when you reach the minimum age to draw Social Security. However there are income tax ramifications if you begin drawing Social Security before the standard age; I believe it is 65. For further information find the Social Security Administration's website.

1 Answer | Asked in Social Security for Florida on
Q: Why would my son Social Security in and why wouldn't they have sent me a letter stating that it ended

Why my son's social security end?

Anna Katherine Stone
Anna Katherine Stone answered on Jul 26, 2018

More information is needed to address this question. How old is your son? Why was he receiving Social Security in the first place (was it due to a disability or the death of a parent)? There are a number of reasons SSA could have stopped your son's benefits. The type of benefits he was... Read more »

1 Answer | Asked in Social Security for Florida on
Q: I filed for SSI disability earlier this year & my claim was denied. I didn't know what to do next?

I live in Clearwater. When I got my denial letter I didn't know what to do so I refiled another claim. Was this the right thing to do?

Anna Katherine Stone
Anna Katherine Stone answered on Jul 25, 2018

You should consult with an attorney who handles SSD claims. You only have 60 days to file an appeal of the denial. If you filed a new claim, then you should discuss with an attorney whether it was filed using the available dates of disability if you didn't appeal the prior decision. You may need... Read more »

1 Answer | Asked in Insurance Defense and Social Security for Florida on
Q: I’ve been on disability for 14 yrs, throat cancer, receiving SS and suplimental insurance. Aetna is now calling.

Concerned that they will try to ask questions not concerning why I’m disabled. My main issue is talking. Had my voice box removed. Worried theyll ask questions trying to stop payments. Are they allowed to ask questions about my physical being? I am 59 yrs old. Can not afford a lawyer.... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on May 24, 2018

Require them to send you a letter containing their questions.

1 Answer | Asked in Child Support, Family Law and Social Security for Florida on
Q: Can I be held in contempt of court for child support arrears when my case is non enforceable due to other child on SSI?

I tried filing for a modification of Child Support and was denied. I was told by DOR CSE because I have 2 children from previous relationship recieveing SSI and I do not work my case is non enforceable and they can not modify it or do anything with it. My ex just filed a motion for contempt and... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Feb 26, 2018

Maybe. I don't understand why DOR CSE has told you that they can't do anything, but you certainly can ask the court yourself to modify your child support. You can be held in contempt if you have the ability to pay CS but are not doing so.

1 Answer | Asked in Child Support and Social Security for Florida on
Q: Is the father responsible to pay child support if his son is receiving social security through him due to a disability?

The father lives in Puerto Rico and has missed over 10 years of child support. He filed for social security about 5 years ago and it got approved last year. So now my son is getting social security through him. Am I allowed to request child support as well? I live in Florida with my son.

Rand Scott Lieber
Rand Scott Lieber answered on Feb 12, 2018

You can still pursue child support. The father will receive some amount of credit for the SSI received by the child.

1 Answer | Asked in Civil Rights, Libel & Slander, Personal Injury, Social Security and Real Estate Law for Florida on
Q: Good evening,I am looking for a Disability Discrimination attorney.This is not employment related.

Almost died, 2 months in hospital, 4 years to recover.

Hoa president harassed, stole money from me, false police report, etc.

Made my illness come back...had to go back on meds, etc. Dr. Told me to sue. Mother hired hoa attorney. This is her condo. We smoked him out. He is no... Read more »

Peter N. Munsing
Peter N. Munsing answered on Feb 11, 2018

First, ask Justia to take your name down--you will end up otherwise with many solicitations (and if the HOA has an attorney it would be simple to look up your post).

Getting to your question you mentioned "attorney says....." which sounds like you have an attorney.

As to the HOA...
Read more »

1 Answer | Asked in Consumer Law and Social Security for Florida on
Q: Hello there,Have a representative for my disability case, but they aren't working for me. Can you help me please?

I feel kind of left out about the matter and they call me about 3 to 6 mos. I feel like a number, don't feel that right given that they want a portion of the money I would receive.

Andy Wayne Williamson
Andy Wayne Williamson answered on Jan 25, 2018

Short answer. Disability cases can take a long time to complete with large periods of no real activity.

However. If you are not satisfied with the people handling your case you need to hire a different person and have that person request your file from the old party who is currently...
Read more »

1 Answer | Asked in Social Security for Florida on
Q: Can they deny from schizophrenia if person still has problems thinking in has been on invega sustenna 5months
Terrence H Thorgaard
Terrence H Thorgaard answered on Nov 2, 2017

Who are "they" and what are they denying? And does "invega sustenna" mean, perhaps, investigation?

1 Answer | Asked in Real Estate Law and Social Security for Florida on
Q: Papers cane concerning my mother's house it's not even the correct last name I am on disability what can happen
Terrence H Thorgaard
Terrence H Thorgaard answered on Aug 31, 2017

it depends upon what the papers say.

1 Answer | Asked in Social Security for Florida on
Q: I would like to file for my social security I will be 62 in Oct.

I would like to file for my social security, I will be 62 in Oct. I have not earned enough credits. I was married to a qualified participant for 15 years. That is how I plan to qualify. Here's where I have a problem. I sell on Esty online market place last year the only year they sent a 1099. I... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Aug 25, 2017

If you file at age 62, instead of 65, there are several drawbacks. The other income you receive will not stop you from receiving Social Security, but there will be tax ramifications. Ask a financial planning professional, or the Social Security Administration for details.

1 Answer | Asked in Consumer Law, Civil Rights, Elder Law and Social Security for Florida on
Q: I believe my grandmother's credit was taken advantage of by her son, or a business that financed her a car.

She has $1900 a month in social security, and a $760 monthly car payment, owes $40,000 altogether, for a car that was insured by my father for his use. Can she pursue legal action as he is no longer insuring or operating the vehicle, and she cannot drive or afford the vehicle now that her son has... Read more »

Andy Wayne Williamson
Andy Wayne Williamson answered on Aug 19, 2017

Your grabdmother needs to consult with an attorney about this issue.

There's not a way to answer this question based upon the facts presented.

1 Answer | Asked in Social Security for Florida on
Q: I started receiving my deceased husbands SS benefit at age 63. When does this end and convert to my benefits?

I haven't worked in 17 years due to disability. He died in 1978. Started getting SS in NY, but moved to Florida 1 year ago. Does this change anything?

Terrence H Thorgaard
Terrence H Thorgaard answered on Aug 12, 2017

I believe your personal benefits would be distinct from the benefits you receive on account of your late husband. So they wouldn't "convert". Contact the Social Security Administration to be sure. And, as a federal program, Social Security doesn't change depending on which state you are in, to... Read more »

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