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Florida Social Security Questions & Answers
1 Answer | Asked in Social Security, Real Estate Law and Collections for Florida on
Q: in Florida, how to put a restitution lien on a property to compensate for stolen social security checks from my mailbox

my brother was caught stealing my mail from my mailbox. My father (now deceased) was living with me at the time. Brother was cashing the checks with forged signatures. Brother is trying to sell a property. Can I put a lien on his property to collect the money he stole?

Barry W. Kaufman
Barry W. Kaufman answered on Jul 28, 2021

No. There's no such thing as a restitution lien in Florida. If the checks were your father's, the representative of his estate would have to sue your brother in civil court and obtain a judgment, then record the judgment as a lien.

1 Answer | Asked in Social Security for Florida on
Q: My unmarried 22 yr old son receives disabled adult child ssdi. He's expecting a son next mo. Can baby receive benefits?
Elizabeth Fowler Lunn
Elizabeth Fowler Lunn answered on Jul 10, 2021

Unfortunately, no the baby will not receive benefits. Your son is receiving benefits based on a parent’s earnings record rather than on his own record.

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 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 »

2 Answers | Asked in Patents (Intellectual Property) and Social Security for Florida on
Q: I’m 20 years old and I’m dad refuses to give me my ssn.

He told me he was it and the only way I would be able to get it is by changing my address on my driver’s license.

Kevin E. Flynn
Kevin E. Flynn answered on Mar 8, 2021

This is not a patent law question (inventions). I hope that someone familiar with social security issues can be of help.

Kevin E Flynn

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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 Florida on
Q: I downloaded ssa form 795 (at the suggestion of the SSA cust Serv rep) to request all the backpay from ssi disability.

They are currently spreading out the payments for back pay over a year's time period. (I have already received the first payment of backpay). I am currently homeless and won't be able to purchase anything with only the first of three payments. I'm not sure HOW to ask this on the... Read more »

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

The amount of your installment payments for back pay from Social Security can be increased if you can demonstrate necessary medical needs or debts that relate to necessities, such as housing, food, clothing, or medically necessary services, supplies, equipment or medicine. Follow Social Security... Read more »

1 Answer | Asked in Social Security for Florida on
Q: So I get Social Security SSI and Medicaid, should I accept a 9,450.00 check will I loose benefits or be cut off
Susan Michele Schaefer
Susan Michele Schaefer answered on Oct 20, 2020

Supplemental Security Income (SSI) is a needs-based program and your countable resources must not be worth more than $2,000 for an individual or $3,000 for a couple. If the value of your countable resources is over the allowable limit at the beginning of the month, you cannot receive SSI for that... Read more »

1 Answer | Asked in Family Law, Health Care Law and Social Security for Florida on
Q: How do I obtain a counsel to become a legal guardian for my schizoid son!

My son has decided to not take his Meds. We are up against a system (HEPA law) that protects him but not his care taker (me) I need some control over his decision-making or lack there of! This is a long story and it is a 10 yr fight to help keep my son off the street! I need help to get me in front... Read more »

Kenneth Prigmore
Kenneth Prigmore answered on Sep 15, 2020

You sound like you need a guardianship for your son. In court, the judge will review a letter from a doctor explaining the situation. You will have an attorney, and your son will have an attorney. Often the attorney for the son will tell the judge after meeting with the son that they feel the... Read more »

1 Answer | Asked in Social Security for Florida on
Q: Can a class action suit be filed against a federal agency like the Social Security Administration?
Susan Michele Schaefer
Susan Michele Schaefer answered on Sep 10, 2020

Yes, a class action suit can be filed against the Social Security Administration or another federal agency. In fact, there have been several class action suits against the Social Security Administration that have either resulted in a favorable settlement or adjudication. A well-known case, Sullivan... Read more »

1 Answer | Asked in Social Security for Florida on
Q: Father will not state that he is no longer Representative Payee for son SSI.

Mom was having an emergengy prior to COVID 19, she was the representative payee for son SSI benefit check monthly. She had the kids live with dad but dad returned the kids in 5/5/20. When the kids went to live their father, I (Mom) made sure that she provided him with all of the things need to... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Aug 30, 2020

Report him to the Social Security Administration; what he is doing is a crime.

1 Answer | Asked in Social Security for Florida on
Q: I am 24 years old. If I apply for SSI and received benefits does that preclude me from ever receiving SSDI benefits?

For example, say I am unable to work for 3 years and receive SSI benefits. Then I am able to work for 4 years and then again I am unable to work. Would I then be able to apply for SSDI?

Susan Michele Schaefer
Susan Michele Schaefer answered on Aug 25, 2020

If you are disabled and apply for SSI benefits now, you should first check to see if you are insured for SSDI benefits now based on the rules for younger workers who become disabled.

As a general rule, to qualify for Social Security benefits based on a disability other than blindness, you...
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1 Answer | Asked in Social Security for Florida on
Q: Will SSA continue to give me SSDI benefits when I work 35 hours a week but earn $1190 a month which is under SGA?

I'm currently on SSDI benefits for 5 years. I just started a job last May. I wonder if I can continue to have benefits with many hours a week? I'm deaf.

Susan Michele Schaefer
Susan Michele Schaefer answered on Aug 16, 2020

Yes, you can do a limited amount of work and still get disability benefits. Social Security encourages work activity and there are special program rules and work incentives that help you try to return to work while still receiving monthly disability payments.

If you try to work but have...
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1 Answer | Asked in Social Security for Florida on
Q: I'm currently on SSI and medicaid ( for about 8 months now) due to an accident and will be receiving a settlement check

the amount is about 19,000.00 and I've been told I will lose my benefits even if I utilize the spend down. I currently have no place to live and would like to buy a car and rent an apartment. Will I be able to get my benefits back if I do this? I live in Fl. I have ongoing health issues and... Read more »

Susan Michele Schaefer
Susan Michele Schaefer answered on May 11, 2020

You may lose your SSI benefits for a time until you have spent down to the resource limit of $2,000 for unmarried individuals .

To minimize the loss of SSI, purchase goods and services in the same calendar month in which the lump sum is received. See SSA's Program Operations Manual...
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1 Answer | Asked in Public Benefits, Social Security and Health Care Law for Florida on
Q: How do I go about appealing a denied disability case? I have Type 1 Diabetes and Severe Gastroparesis which impairs me.
Susan Michele Schaefer
Susan Michele Schaefer answered on Apr 27, 2020

Once you have a notice from the Social Security Administration (SSA) denying your claim for disability benefits, you have 60 days to appeal by stating in writing that you disagree with the determination that SSA made. You can find the forms used for appeal at... Read more »

2 Answers | Asked in Family Law, Gov & Administrative Law and Social Security for Florida on
Q: Husband died of last 17years not together I need death certificate to turn in BUT DONT HAVE HIS TOWN OR SS NUMBER ???
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 23, 2020

This is no a legal problem; it is a ancient personal problem that cannot be solved by lawyers here on Justia. However, I will tell you that there are lawyers and others who can perform miracles doing "skip-tracing" (finding deadbeats); hire one.

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2 Answers | Asked in Social Security and Tax Law for Florida on
Q: Will my disabled child receive the stimulus money even though the father claimed her on his taxes?

My child receives SSI , I the mother represent her. The father claimed my child on his taxes. IRS is sending stimulus $ to all social security but will my child still get $1200 even though she was claimed as a dependent?

D. Mathew Blackburn
D. Mathew Blackburn answered on Apr 22, 2020

No, Father will receive an additional $500.

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1 Answer | Asked in Appeals / Appellate Law, Public Benefits and Social Security for Florida on
Q: Which site is legitimate? I know there are many scammers. I need a lawyer so I can appeal a denied disability claim

I know legitimate places exist for this but I am seeing sites saying their lawyers will help me with this and they are only entitled to payment if we win the appeal but I'm skeptical. I do not exactly know what I'm talking about but that just doesn't sound like something a lawyer... Read more »

Tim Akpinar
Tim Akpinar answered on Mar 30, 2020

You raise good points, but in the end, the only person who can ultimately make such an important decision is yourself. You will have to contact lawyers, and after speaking with them, decide for yourself who you prefer in terms of skill, experience, and your trust and confidence in them. Good luck... Read more »

1 Answer | Asked in Social Security for Florida on
Q: I was denied SSDI by the Appeals Council & filed a complaint with Fed. court. Do I say "is" or "is not" on this form?

Have no attorney. Deadline tomorrow, unless extended due to COVID-19. Don't know who to send this form to. Courthouse is open, but I have been sheltering in place.

Terrence H Thorgaard
Terrence H Thorgaard answered on Mar 26, 2020

You probably file on PACER, giving notice to the other parties or their attorneys. Why not call the clerk of court?

2 Answers | Asked in Public Benefits, Social Security, Family Law and Elder Law for Florida on
Q: My sister has dementia and no funds other than social security. We are out of Florida and cannot help financially.

We have no idea of any financial particulars other than she has no outside income other than social security and we are not in a position to help

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Feb 9, 2020

Unless someone in your family steps up and gets involved you and the rest of the family might not like the outcome of this situation. Take up a collection and go find out what needs to be done.

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