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North Carolina Social Security Questions & Answers
1 Answer | Asked in Tax Law and Social Security for North Carolina on
Q: I receive social security my only income.Have 401k which need withdraw from.How much can I withdraw without having to fi

File tax return.I get $1842 month from social security

James L. Arrasmith
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answered on Dec 25, 2023

The amount you can withdraw from your 401k without having to file a tax return depends on various factors, including your total income, filing status, and age. Since you receive $1,842 per month from Social Security, this amounts to approximately $22,104 annually.

For the tax year 2023, if...
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1 Answer | Asked in Social Security for North Carolina on
Q: My adopted mother is keeping my social security card should I take her to court for it?

My mom is with holding my ss card and I cannot get it without a photo ID which they were not allowing me to get when I was living with them. Now I’m having a hard to getting what I need to get my license and to get a job

James L. Arrasmith
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answered on Oct 22, 2024

I'm sorry you're going through this situation. It's important to regain access to your Social Security card to move forward with your plans.

First, you can request a replacement card directly from the Social Security Administration. Visit their website or a local office to...
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1 Answer | Asked in Social Security for North Carolina on
Q: Incorrect information was sent from US Social Security to German “social security” affecting the German benefits.

Two conflicting opinions from US SSA were communicated to me. I need an attorney to help rectify the situation.

Gary

James L. Arrasmith
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answered on May 27, 2024

Dear Gary,

I understand that you are seeking legal assistance regarding an issue with your German social security benefits, which seems to have arisen due to conflicting information provided by the U.S. Social Security Administration (SSA).

I can offer some general guidance on how...
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1 Answer | Asked in Social Security for North Carolina on
Q: What does this social security online status mean for my reconsideration application

"Disability determination services has completed a medical review of your application. A representative in Baltimore Maryland is now doing a medical review to make sure you still meet non- medical requirements". NOTE: I live and applied in north Carolina

James L. Arrasmith
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answered on Sep 28, 2023

This status update indicates that the Disability Determination Services in Baltimore, Maryland, has completed the medical review of your application and is now assessing whether you still meet the non-medical requirements for Social Security benefits. The fact that it's being reviewed in... View More

1 Answer | Asked in Social Security and Estate Planning for North Carolina on
Q: This question is for estate lawyers. How long should it take to receive money from a relative who passed with no SSN?

Can a lawyer to find out the social security number of the deceased to make sure it is the correct one on the death certificate. And if so, how long should it take?

James L. Arrasmith
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answered on Sep 21, 2023

Obtaining a Social Security number (SSN) for the deceased and ensuring it matches the information on the death certificate is crucial for various legal and financial matters. The timeline for this process can vary based on factors such as the availability of records and cooperation from relevant... View More

1 Answer | Asked in Social Security for North Carolina on
Q: Hello, I took early social security before 65, what is the max earnings allowed for working with no penalties?
T. Augustus Claus
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answered on Aug 11, 2023

if you take early Social Security benefits before reaching full retirement age (which varies depending on your birth year), there is an earnings limit that can affect your benefits. In 2021, for example, if you are under full retirement age for the entire year, you could earn up to $18,960 per year... View More

1 Answer | Asked in Social Security for North Carolina on
Q: If I'm on SSI and have a payee over my check and money and she will not let me know what my funds are in my bank account

What do i do.because i have 4 years back pay that i havnt ever even touched and she tells me i have very little left in my account and close to running out next month when I pay my rent and power bill

Susan Michele Schaefer
Susan Michele Schaefer
answered on Jan 24, 2023

It is perfectly reasonable for you to ask your representative payee how your money is being spent and how much you have in your bank account. Your representative payee is responsible for using your SSI benefits to pay for your needs including payment for food, shelter, clothes, medical care and... View More

1 Answer | Asked in Social Security and Criminal Law for North Carolina on
Q: So. I have been getting gifts of money from a person who has disabilities.

I met a guy online and he's been sending me money for years. We met on an app and became close. He told me later on about being autistic. Now apparently his personal case worker is trying to get me to pay the money back in payments or they are taking legal action against me. Do they have a right to?

Elizabeth Fowler Lunn
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answered on Oct 14, 2022

Unfortunately you haven’t given enough information to know what kind of payments were made or what funds he used to send you the money.

Social Security does not provide case workers to people who receive benefits. Some people who receive benefits have a representative payee that helps...
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1 Answer | Asked in Social Security for North Carolina on
Q: Under social security rules, how does the SS admin and DDS handle fraudulent healthcare records?

I have been disabled with PTSD for 3 years. The PTSD is from extreme criminal abuse by my former employer, Wells Fargo, and my former hospital, Atrium Health. I turned both in to the US DOJ, who sponsored a cover up + additional criminal abuse of me. The bulk of my healthcare records are from... View More

Elizabeth Fowler Lunn
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answered on Jun 12, 2022

You cannot appeal just the onset date. If you file an appeal to try to get an earlier onset date then you are appealing the entire decision. You may wind up with a final decision that you are not eligible for benefits at all. No matter what disability onset date you are given, you can only receive... View More

1 Answer | Asked in Workers' Compensation and Social Security for North Carolina on
Q: How does a lump sum worker's compensation settlement affect future SSDI monthly payments? Please see details.

Hello! My husband received a WC lump sum settlement of 155,000.It was structured that he will "receive" $119/wk for the next 25 years.(even though he already received it all in one sum) He made around $80k per year when working. If he files and wins his SSDI case, his monthly payment will... View More

David Gantt
David Gantt
answered on May 24, 2022

Social Security Administration will not permit individuals to receive more than 80% of pre-injury monthly gross earnings from combined Workers' Compensation (WC) and Social Security Disability (SSD) payments. This policy was enacted to avoid the situation where injured workers are making more... View More

1 Answer | Asked in Social Security for North Carolina on
Q: Can I get SSI for mental illness if I haven't worked a tax paying job?

Im 30 years old. I have multiple mental illnesses and have been struggling with them since I was a child. I have never worked a tax paying job. I want to find care and medication that can really help me but that isn't easy with no money. I've put it off so long because I feel so bad and... View More

David Gantt
David Gantt
answered on Feb 7, 2022

You would be eligible for Supplement Security Insurance (SSI) benefits regardless of work history. The SSI benefit program is based on financial need regardless of work history. The more familiar Disability Insurance Benefits program, commonly called Social Security Disability (SSD), is based on... View More

2 Answers | Asked in Social Security for North Carolina on
Q: Do I need a lawyer first to represent me in filing for disability?
David Gantt
David Gantt
answered on Nov 23, 2021

Yes. Social Security (SS) law is very complicated and hard to understand, even with a law degree. Most people assume that the treating physician's opinion about your ability to work is sufficient. The law actually requires a more detailed and thoughtful analysis of your doctor's... View More

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1 Answer | Asked in Family Law, Civil Rights and Social Security for North Carolina on
Q: How do I get legal representation for a hearing if I am legally declared incompetent
Elizabeth Fowler Lunn
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answered on Mar 15, 2021

It is not clear what type of hearing you are asking about. Typically the person who is your legal guardian can arrange for representation in a legal matter. If you are asking about getting legal representation for a competency hearing then you will be appointed someone by the Court - just tell them... View More

1 Answer | Asked in Family Law, Legal Malpractice and Social Security for North Carolina on
Q: Can the mother of my children be my legal guardian and representative payee?

I am legally declared incompetent and my mother is my legal guardian and payee. We are awaiting a hearing. DSS attorney will be present.

Kenneth Prigmore
Kenneth Prigmore
answered on Mar 4, 2021

Legal guardians need to be a responsible adult. If the judge is convinced the person you request is responsible and they have your interests in mind, that change should not be a problem.

1 Answer | Asked in Social Security, Tax Law and Real Estate Law for North Carolina on
Q: How would LLC income affect my Social Security benefit?

I am receiving Social Security retirement benefits. I have a rental property that nets about $4000.00 per year. If I put this property into an LLC (North Carolina), will I have to pay FICA? Will it affect the benefit I currently receive?

Susan Michele Schaefer
Susan Michele Schaefer
answered on Jan 17, 2021

Once you reach full retirement age, there is no limit on how much you can earn and still receive your Social Security retirement benefits without any reduction.

If you began receiving Social Security retirement benefits before your full retirement age, Social Security will deduct $1 in...
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1 Answer | Asked in Social Security for North Carolina on
Q: My Mom, from NC, is 74, widowed 2 yrs. ago, and is currently engaged. Will she lose her social security?

They have a prenuptial in the making, but not signed yet.

David Gantt
David Gantt
answered on Apr 6, 2020

Your Mom should not lose her Social Security (SS) Retirement due to remarriage. Even if she is drawing Widow's Benefits on her deceased husband's account, her remarriage should not affect her SS retirement since the remarriage is only relevant for marriages before age 60.... View More

1 Answer | Asked in Tax Law and Social Security for North Carolina on
Q: My company had my social security number wrong for a number of years. Do I need a lawyer to fix this?
D. Mathew Blackburn
D. Mathew Blackburn
answered on Jan 22, 2020

You are not required to hire an attorney to fix the problem but it would be a lot simpler.

1 Answer | Asked in Family Law, Elder Law and Social Security for North Carolina on
Q: My friend's elderly mother is being abused by her husband. What type of attorney does she need? Thank you.

She has some medical issues but it is of very sound mind. He physically roughed her up 3 months ago and she went to a local women's shelter. He is stealing all manner of money from her as she is retired and has a good pension. She left home and is living with my friend, her son. Her husband... View More

Melissa Averett
Melissa Averett
answered on Dec 22, 2019

She needs a family law/divorce attorney with experience in domestic violence issues, who practices in the county where she lives or where her husband lives.

1 Answer | Asked in Social Security for North Carolina on
Q: I was denied Social Security disability at my hearing date on November 21st I need a good appeals attorney are you able
Scott F Bocchio
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answered on Dec 11, 2019

You will need to Request an Appeal at the Appeals Council level and hope that it is remanded back to the local office for re-evaluation.

1 Answer | Asked in Probate and Social Security for North Carolina on
Q: There are 6 heirs .My parents passed away and I have filed for my as I there doctors say I'm disability but want pay me

Until the estate is settled I thought I can't sell my part if the other5 heirs want let me what. Can I do to get my money I need

Charles Evan Lohr
Charles Evan Lohr
answered on Jun 30, 2019

Hello,

Feel free to contact me at 919-348-9211 or evan@lohrnc.com. I think I can help you but need more details.

Thank you,

Evan Lohr

Attorney

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