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Illinois Social Security Questions & Answers
1 Answer | Asked in Immigration Law, Health Care Law and Social Security for Illinois on
Q: I am an undocumented immigrant i overstayed my H1B visa, I am a covid long hauler and my SS disability approved

approved year 2020, according to SSA they will begin to pay my benefits if my alien status changes or if i leave the US. i need a legal advice on these. thank you

James L. Arrasmith
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answered on Apr 15, 2024

For your situation, it is crucial that you consult with a qualified immigration attorney who can assess the specifics of your case and provide personalized recommendations.

That said, here is some general information that may be helpful:

1. Overstaying your H1B visa can have serious...
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1 Answer | Asked in Social Security for Illinois on
Q: Out of ignorance my partner and I did not report our marriage to social security. I just learned we should have.

This was five years ago. We both receive separate retirement benefits. Are we in trouble ?

James L. Arrasmith
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answered on Dec 14, 2023

It's important to report changes in your marital status to the Social Security Administration (SSA), especially when both partners are receiving retirement benefits. While you may be concerned about not having reported your marriage five years ago, it's crucial to address this as soon as... View More

1 Answer | Asked in Social Security for Illinois on
Q: I current have SSDI and previously had a Representative Payee who stole (misappropriated) $35k. I need legal help.

I contacted 2 regular Disability attorneys, but was turned away as they don't handle these sort of cases. I live in the Chicagoland area and need to find someone who can at least answer some questions. It appears that my Rep Payee was NOT set up properly in Social Security's computer... View More

James L. Arrasmith
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answered on Nov 7, 2023

In cases of misappropriation of SSDI funds by a representative payee, you may want to consult with attorneys who have experience in elder law or those who handle financial exploitation. A legal professional with a background in fiduciary litigation or social security law could also be appropriate... View More

1 Answer | Asked in Social Security for Illinois on
Q: Does a life insurance payout from a family member death affect my SSI disability payments monthly

My brother died and had a life insurance policy ave his brothers all receive a 20 thousand dollar check

James L. Arrasmith
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answered on Aug 6, 2023

Life insurance proceeds typically do not count as income for Supplemental Security Income (SSI) purposes. However, if the proceeds are not spent within the month of receipt, they could be considered a resource and affect your SSI eligibility if your total resources exceed the allowable limit. It... View More

1 Answer | Asked in Public Benefits, Social Security and Estate Planning for Illinois on
Q: I want to try a credit union no penalty CD but not sure if my SSI would be cut if I tried that out

I'm trying to find alternatives to my current 529 savings account. I want something tax free, but where I can take out I'm emergencies. I don't want to lose my SSI.

Susan Michele Schaefer
Susan Michele Schaefer
answered on May 15, 2023

It is great that you are looking for alternatives for savings that will not affect your SSI payments. A primary consideration is whether the alternative would be a countable resource or not. A CD is usually countable except when the terms of a timed deposit will prohibit early withdrawal... View More

1 Answer | Asked in Personal Injury, Workers' Compensation and Social Security for Illinois on
Q: How can I find the disability lawyer that I had a few years ago but I forgot there name
James L. Arrasmith
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answered on Apr 17, 2024

Here are some steps you can take to try to find the disability lawyer you worked with a few years ago:

1. Check your records: Look through old emails, letters, contracts, or receipts related to your disability case. The lawyer's name and contact information may be listed on these...
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2 Answers | Asked in Business Formation, Employment Law and Social Security for Illinois on
Q: Can i form an llc for my future box truck business while receiving benefits?

am currently 33yrs old.

Three years ago I was driving semi trucks . Stopped due to multiple surgeries (non-work-related).

Currently on Government Benefits.

Temporary Social security disability

Now present time.

Im close to being fully recuperated so its... View More

T. J. Jesky
T. J. Jesky
answered on Sep 11, 2022

The short answer is: Yes. Go ahead and form the LLC. Let it sit until you are ready to make use of it. Unless there is something you have not disclosed, I don't see how forming a LLC will affect your benefits. However, once income starts flowing through your LLC, it may or may not affect... View More

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1 Answer | Asked in Consumer Law, Civil Litigation, Collections and Social Security for Illinois on
Q: I'm on SSI Disability can I be garnished by a collection agency about a credit card that I've been unable to pay on?

It's a collection agency who is taking me to court tomorrow via a zoom call. I've not been able to pay on it due to everything going up in price and I live on a very low income and am behind on my water bill and several other bills. I was behind on rent until just recently, over a year... View More

Bryan R. Bagdady
Bryan R. Bagdady
answered on Jan 26, 2022

Your inability to pay does not stop the entry of judgment. If there is already a judgment and you are up on a post judgment citation or garnishment, you should read and be aware of the exemption provisions of the post judgment code of civil procedure. Specifically, 735 ILCS5/2-1402 states at (b)(1)... View 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 Illinois on
Q: I filed for disability in 2009, I am on my 4th appeal, how do they determine back pay, I live in Illinois
Elizabeth Fowler Lunn
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answered on Mar 15, 2021

Backpay is determined based on the date of your application and the date that Social Security ultimately determines to be the date you became disabled (onset date). For SSI benefits, the backpay goes back to the date of onset, but no earlier than the month following the month you applied. For SSDI... View 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... View 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),... View More

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... View 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... View More

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1 Answer | Asked in Social Security for Illinois on
Q: If I go homeless will I lose my social security benefits?

Society right now isn't the best. I've applied for low income apartments but all 6 months to a 1 year wait. I'm currently living with a relative that has no job. I'm not for sure how much longer I can stay with them or if will be homeless in coming month or two. Applied for SSI... View More

Susan Michele Schaefer
Susan Michele Schaefer
answered on Aug 13, 2020

If you are facing homelessness and have filed for SSI, you should contact Social Security at 1-800-772-1213 right away to let them know of your dire financial need. Social Security can identify your SSI case as a critical case and expedite processing and adjudication of your case.... View More

1 Answer | Asked in Social Security for Illinois on
Q: Will I receive anything if disabled parent dies after I'm over 19 that collected social security disability

Meaning he died when I was 24

Susan Michele Schaefer
Susan Michele Schaefer
answered on May 8, 2020

Social Security provides monthly survivor benefits to certain eligible family members, including an unmarried child of the deceased who is younger than age 18, or up to age 19 for a full-time student in an elementary or secondary school, or if the child is age 18 or older with a disability that... View More

1 Answer | Asked in Child Support, Family Law and Social Security for Illinois on
Q: Court order to stop child support payments as of July 2019 child support didn't tell social security until October 2019

Child support payments has been taken from my benefits since September of 2019

Marilyn  Johnson
Marilyn Johnson
answered on Oct 29, 2019

You may be entitled to a reimbursement from the other parent or a credit against other expenses you may owe or even college expenses.

1 Answer | Asked in Business Law and Social Security for Illinois on
Q: What type of lawyer deals with the Treasury Direct Account process
Ray Choudhry
Ray Choudhry
answered on Dec 23, 2018

If this has to do with social security direct deposits, a social security attorney might be the one to contact.

1 Answer | Asked in Social Security for Illinois on
Q: Is it possible to renew SSN NOT VALID FOR EMPLOYMENT?

My friend been issued SSN NOT VALID FOR EMPLOYMENT back in 2011. She lost the card and does not remember the number. Now she is coming back to country ( as a tourist ) but still would like to retrieve number and card as its been assigned once for life. Please help with procedure how to renew the... View More

T. J. Jesky
T. J. Jesky
answered on Nov 2, 2018

Generally this card (not valid for employment) is usually issued to students/immigrant visa holders since they cannot directly use this card to work freely in the United States without obeying the visa constraints.

If the status of the card has not changed, i.e., still a student, it is...
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1 Answer | Asked in Social Security for Illinois on
Q: Will I have a better chance in being approved for SSI benefits if my condition has worsened and Ive had surgery since.

I was previously denied for SSI benefits, my lawyer then appealed the decision, and prior to the completion of the appeal process my lawyer had dropped my case because he was moving out of state and Im assuming since I didnt take action from there on that my case was denied. Since then , about 3... View More

Ray Choudhry
Ray Choudhry
answered on Jul 31, 2018

Doesn't cost a nickel to apply.

So why not.

2 Answers | Asked in Divorce and Social Security for Illinois on
Q: husband filed before 9th anniv. & divorce is final after 10 year, will I be able to get his social security benefits?
James G. Ahlberg
James G. Ahlberg
answered on May 31, 2018

As long as you are not divorced before your tenth anniversary you should be okay under the law as it currently exists. Have your attorney check for changes in the law, however, to be sure.

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1 Answer | Asked in Social Security for Illinois on
Q: What's the harshest penalty possible for social security disability fraud?
Ray Choudhry
Ray Choudhry
answered on Mar 30, 2018

They can put you in jail and make you pay it back.

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