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New Jersey Social Security Questions & Answers
Q: What type of legal services would I need for an SSA IRMAA appeal administrative hearing?

I’m on permanent disability; I would like SSA to use my tax info from 2020 or 2022 as 2021 I only had high amount of taxable withdrawals from my dads Inherited IRA; used to purchase a low income affordable condo & pay taxes & additional money taken out in order to pay taxes etc. I... Read more »

James L. Arrasmith
PREMIUM
James L. Arrasmith PRO label
answered on Mar 4, 2023

To prepare for an SSA IRMAA appeal administrative hearing, you may want to consider seeking legal assistance from an attorney who specializes in Social Security law. They can help you present your case in the best way possible, and help you navigate the appeals process.

In addition, it may...
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1 Answer | Asked in Family Law, Child Custody, Child Support and Social Security for New Jersey on
Q: If judge determines no CS due to equal joint custody, can other parent be granted " turn over full SSD Auxiliay benefit

Judge said, "benefits follows the kid" & "is not child support." Ex makes WAAAAAAY more than I. I receive SSD & kid gets it on my disability. Plus, I am req to provide separate living space for kid. (Shared parent rule) BUT how can I afford room with out the benefit that... Read more »

Richard Diamond
Richard Diamond
answered on Jun 2, 2022

you need to schedule a consultation with a family law specialist to discuss the order entered by the court. I presume that you appeared pro se in connection with the entry of that court order and therefore a family law attorney needs to read the pleadings filed with the court, the court's... Read more »

1 Answer | Asked in Social Security for New Jersey on
Q: I am 66 and on Social Security, I get $11,000 a year and I live with my brother. Can he take me as a dependent ?

I am 66 and on Social Security and I receive $11,000 a year and I live with my brother. He takes me to my doctors appointments and I pay him for gas and help him pay the utilities and other bills. Since he helps me out and buys what I need can he take me as a dependent ?

Elizabeth Fowler Lunn
PREMIUM
Elizabeth Fowler Lunn
answered on Feb 9, 2022

Whether you brother can claim you as a dependent on his tax returns Is something you should speak to a CPA or other tax professional about. Social Security doesn’t care about your tax status in this situation.

1 Answer | Asked in Social Security for New Jersey on
Q: I am on SSDI ( due to ms) and i'm in a irrevocable special needs trust with my brother who can't pass his portion to me

We are both equal ownership (inheridence from father who just died) but due to the fact he is involved with a bankruptcy which will not let him pass ownership to me. Do we have any options with out being forced to give up the condo(currently I am living there) at and have to move out? and can he... Read more »

Elizabeth Fowler Lunn
PREMIUM
Elizabeth Fowler Lunn
answered on Aug 26, 2021

I’m sorry that your father has passed and your brother is in a difficult circumstance. His bankruptcy attorney can explain all of his options with regard to the trust. His attorney may also need to consult with a probate/estate planning attorney. Because the laws regarding the trust are state... Read more »

1 Answer | Asked in Social Security for New Jersey on
Q: I am having back surgery and Carpel Tunnel surgery on both hands and wrists. Can I claim SS Disability 62 yo

I work a very physical job lifting and hammering and I am 62 years old and it may be suspect If I can return to work doing that physical work again. Would I have a good chance of collecting DD Disability?

Susan Michele Schaefer
Susan Michele Schaefer
answered on Jul 13, 2021

Yes, you can apply for Social Security disability based on your impairments. When you apply, include all of your impairments, both physical and psychological. Also include symptoms, such as pain and include any side-effects from your medications. Social Security will consider all of these factors... Read more »

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
PREMIUM
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 »

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
PREMIUM
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...
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1 Answer | Asked in Appeals / Appellate Law and Social Security for New Jersey on
Q: Appeal for Social Security Disability: Denied coverage. Need representation on contingency basis.

Unemployed benefits has expired and currently have no income. Have had anxiety and depression since a child (14 years old). I'm 36 years old

Elizabeth Fowler Lunn
PREMIUM
Elizabeth Fowler Lunn
answered on Mar 15, 2021

I'm not in NJ but Social Security disability is a federal program so the rules are the same no matter what state you live in. If possible, I recommend hiring an attorney local to you that has a lot of experience in handling this type of case, particularly since you are younger. The good news... Read more »

1 Answer | Asked in Social Security for New Jersey on
Q: I am 28 years of age and currently work and collect SSDI due to my medical disability. I am looking into starting...

I am 28 years of age and currently work and collect SSDI due to my medical disability. I am looking into starting an online shirt business with print on demand. Due to my medical condition I have trouble holding a job. Would this effect my ssdi and my medicare benefits? Would I immediately lose my... Read more »

Susan Michele Schaefer
Susan Michele Schaefer
answered on Jun 2, 2020

You can do a limited amount of work and still get SSDI benefits and medicare.

Social Security Administration 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. Read the...
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4 Answers | Asked in Bankruptcy and Social Security for New Jersey on
Q: In New Jersey, will I be able to keep stimulus check 2020? I'm disabled on SSI and SSD and will be filing chapter 7.

I'm in the process of starting Chapter 7 and will be receiving help from nonprofit organization that provides legal services to low income individuals. I was assigned a lawyer but because of COVID-19 was not able to meet and give the packet of information they sent me to him. Another... Read more »

Leonard R. Boyer
Leonard R. Boyer PRO label
answered on Apr 11, 2020

No one here can provide a precise answer to your questions, and despite the COVID-19 pandemic you can still send your bankruptcy information packet to the attorney. Your bankruptcy cannot start until your attorney files the petition with the Court, which can be done electronically. Since you have... Read more »

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1 Answer | Asked in Social Security for New Jersey on
Q: Hi my wife is younger than me and on SSI disability. I am at full retirement age. Am I allowed to apply for spousal SSI

Spousal SSI and then delay taking my own SSI until a later date.

Jerry Lutkenhaus
Jerry Lutkenhaus
answered on Jun 18, 2019

I am afraid there is no spousal SSI which is a welfare program. If you are at full retirement age, then you can apply for your Social Security Retirement benefits.

1 Answer | Asked in Civil Rights, Constitutional Law, Consumer Law and Social Security for New Jersey on
Q: Can an elderly disabled women be evicted for having a caregiver stay with her and for feeding stray cats?

She has been living in the same senior complex for 23 years and has never had anything written against her. Now that my father passed a year ago she needs help so I am staying with her temporarily. I have been here since Aug 2018 and do plan to leave if my mother can get strong enough to stay alone.

Madeline Houston
Madeline Houston
answered on Mar 28, 2019

Based on the facts provided thus far it appears that your mother may well have rights under various federal and state laws regarding disabled persons that are being violated. More facts are needed to make a determination as to your mother's options. You should promptly contact an attorney... Read more »

1 Answer | Asked in Civil Rights and Social Security for New Jersey on
Q: My wife is chinese with "language learning" disability

we have been married since 2003 and she had her green card over 14 years ago.

is there anyway for her to get her US passport without the language test or using an attorney present etc.

she will be 65 this November.

appreciate any advise, paid or unpaid

Gary Kollin
Gary Kollin
answered on Aug 19, 2018

This neither civil rights nor social security. It is immigration.

If you are willing to spend money, then hire an immigration attorney. It appears there is a social security issue. Does a relatively small amount of money now reap a much larger amount later?

What is the monthly...
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2 Answers | Asked in Criminal Law, Traffic Tickets and Social Security for New Jersey on
Q: I'm on a probationary driving and I have 22 points up to date. I recently received a ticket for delaying traffic 39;456

Can u tell me if that holds and points. If so instead of paying the ticket do u think it's best to get a court date and plead not guilty? Thank u for help in advance. I truly appreciate it??

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
answered on May 11, 2018

It is a no MVC point ticket but your insurance company may still assess insurance eligibility points. With your record you may want to try the case and see if you can win.

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1 Answer | Asked in Social Security for New Jersey on
Q: Applied for disability it was denied. Went to appeal that will take another 3-6 months. I have Ataxia. On SSA website

The SSA website has a list of disability that get escalated. Ataxia is on that list. I need assistance. I'm falling behind on bills and don't know what I can do as temporary solution? Ataxia is on this list. I don't feel I'm being treated fairly and need help to resolve

Thank you

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
answered on Apr 14, 2018

Hi Scott:

Unfortunately many people get rejected, that should get approved thus the reason for us lawyers. However your appeal can take up to 1 year not just 3 to 6 months. I suggest you get a lawyer because obviously your medical proof was not enough and you only pay for your lawyer if...
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1 Answer | Asked in Social Security for New Jersey on
Q: I applied for Security Disability and application was denied. I went to appeal and can take 3-6 months

I was diagnosed with Ataxia which according to social security gets escalated avoiding denials, delays and appeals.

I need help. Don't feel I'm getting treated fairly. I've fallen behind on bills. I don't know what to do for temporary assistance.

Please help me.

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
answered on Apr 14, 2018

We cannot help you with monetary assistance but a lawyer can help you to file an appeal of the decision, if you are under 55 that may be the reason as to the denial, however we would need to know more information. IN any event an attorney can help you with this and the fee is generally 25% of the... Read more »

1 Answer | Asked in Banking and Social Security for New Jersey on
Q: So when I was 16 my mom used my SSI back owe to buy herself a van. She jusitified it by saying it was for me.

She then traded in the van and bought a car. Now i'm 19 going on 20 I've moved out and had a bad fallout with my mother. I've been struggling to find a decent car to get to stores and doctor appointments and money has been tight. So my questions is since the money she used (8000 usd)... Read more »

Peter N. Munsing
Peter N. Munsing
answered on Dec 21, 2017

While you are a minor she is to use that money to assist you but may use it on items that assist the family, such as rent, food. You could make a claim against her for the money but assuming your household was needy enough for you to qualify for SSI, she should be able to show that the money was... Read more »

1 Answer | Asked in Criminal Law, Social Security and White Collar Crime for New Jersey on
Q: What's the chance of a sentence modification with 5yrs/5yr disqualifier 1st offence 2C:30-7A, served 41 mths of 60 mths?
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq.
answered on Aug 3, 2017

The chances are as good as what your lawyer will tell you. Unfortunately we would need to know much more information about your case before giving any type of educated guess about what your chances would be. Everything is based on the facts of your case and your prior record again ask the lawyer... Read more »

1 Answer | Asked in Social Security for New Jersey on
Q: I'm still waiting on s desicion from disability but I was suppose to see their doc and now I don't have to

They have enough information on my health do you think I will get it

Peter N. Munsing
Peter N. Munsing
answered on Nov 29, 2016

Who says you don't have to? I can't say if you will "get it" but if they want you examined and you don't follow up you wont get it.

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