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Social Security Questions & Answers
1 Answer | Asked in Family Law, Immigration Law, Identity Theft and Social Security for New York on
Q: I seek assistance with sorting out identity issues (problems with birth certificate, social security due to name change)

I am assisting a young man (23yr old) who will graduate from college but who cannot proceed with things like drivers license, employment, etc, due to a troubled childhood situation in which his name was changed numerous times. The birth certificate (issued in New York City) has questionable... Read more »

Agnes Jury
Agnes Jury answered on Jul 19, 2021

This would be best handled by a civil litigation attorney as it sounds like it involves several name changes or may require one now. You may be able to get free help from legal aid clinics but if not you can always reach out to attorneys directly and ask if they would help for free. Best wishes!

2 Answers | Asked in Social Security for Indiana on
Q: I get ssdi benefits for myself. I have a disabled 6 year old son in my home. Should I apply for ssi for him separately?
Elizabeth Fowler Lunn
Elizabeth Fowler Lunn answered on Jul 19, 2021

You can apply for SSI benefits if your household is financially eligible. You should also file for dependent (sometimes called auxiliary) benefits for him. Those benefits are available if your payment is high enough and are based on your receipt of SSDI. There is no requirement that a minor child... Read more »

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1 Answer | Asked in Criminal Law, Federal Crimes, Social Security, Estate Planning and Probate for Texas on
Q: Is it fraud to apply for benefits from a commen law marriage if they were not even commen law married and the man died.

I have a friend who was a caregiver for an elderly couple and she was also dating their grandson and they lived with the couple. The lady died and the man knowing his time was soon as well decided to leave everything to my friend. He had papers drawn up stating that he and my friend were comnen law... Read more »

Stanley Franklin Denman
Stanley Franklin Denman answered on Jul 17, 2021

The account here is a little hard to follow. It is highly unlikely the social security administration would recognize this arrangement as a common law marriage entitling your friend to social security benefits. A common law marriage under Texas law is not created just because someone declares it... Read more »

1 Answer | Asked in Estate Planning, Tax Law and Social Security for California on
Q: I would like to shelter my lump-sum SSDI payment from further taxation. I am currently in an "uncollectible" status.

A lawyer friend suggested an irrevocable trust. Does that make sense?

Thank you,

Nina Whitehurst
Nina Whitehurst answered on Jul 17, 2021

It is not clear what “further taxation” concerns you. Is it income tax? Estate tax? Real property taxes? Something else? It could be that you yourself do not understand the taxation of SSDI benefits. You should consult with a tax advisor about that. Most likely you will not need any kind of... 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 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 Juvenile Law and Social Security for Arizona on
Q: If I’m 17 and in Arizona and I run away to Chicago can my parents do anything about it?

Which state’s laws have the most jurisdiction in this situation? I know that in Illinois if a 17 year old voluntarily runs away the police will not force them home because It was voluntary, does that apply to this Scenario?

Kenneth Prigmore
Kenneth Prigmore answered on Jul 8, 2021

I am not an Arizona attorney. However, your question raises issues that you will need to consider for your personal safety and survival. It will take you a couple minutes to read, but it may save your life.

1- Be absolutely sure you need to leave home now. If your parents are causing you...
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1 Answer | Asked in Social Security for Pennsylvania on
Q: I'm 30 y.o. I'm receiving disabled adult child. If I go back to school am I always stuck at the amount of SSDI I makenow

I'm on disabled adult child with survivor benefits. If I choose to go back to school to make an actual living and I apply for SSD retirement benefits in 30 something years will my benefits match the ones I currently get because I "dipped" into social security already?

Elizabeth Fowler Lunn
Elizabeth Fowler Lunn answered on Jul 7, 2021

Right now the amount you are paid is based off your parent’s earnings record. If you go to school and then work until you reach retirement age you will draw a retirement amount based on your own earnings record. Your current benefits will stop once you are deemed able to work by Social Security -... Read more »

2 Answers | Asked in Appeals / Appellate Law and Social Security for Texas on
Q: Where can I get representation on a federal case? Concerning ssdi.
Elizabeth Fowler Lunn
Elizabeth Fowler Lunn answered on Jul 6, 2021

If you had an attorney who represented you at your hearing then you can ask who they recommend. If you were not represented or your attorney was not local call to a few attorneys in your area that handle SSD cases. If they don’t handle federal work, they know who does that type of work in your... Read more »

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2 Answers | Asked in Social Security for California on
Q: Does rental income count as earned income for social security work credits if owner managed the property personally?

I owned and personally managed and worked on the rental property.

Elizabeth Fowler Lunn
Elizabeth Fowler Lunn answered on Jun 22, 2021

Credits are earned when you work and pay Social Security taxes on the income. This is different than paying income tax. You should speak with a CPA or tax professional about making sure that you pay the tax. Those people are often trying to keep your tax bill as low as possible. You may not be... Read more »

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2 Answers | Asked in Social Security for Minnesota on
Q: I can't find a lawyer for my SSI appeal is there no hope?

I had a lawyer file my initial application but I see now it wasn't filed correctly. I had no knowledge before about the date last insured which is 2015 and I have not worked since 2011. I do have assets so it makes things even worse and now from a car accident, I'm crippled up even worse... Read more »

Elizabeth Fowler Lunn
Elizabeth Fowler Lunn answered on Jun 22, 2021

I'm not clear what part of your application you think was filed incorrectly. If your date last insured in in 2015 then you would have to prove that you became disabled before that date in order to be paid Title 2 disability benefits based on your work history. That can be really difficult but... Read more »

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1 Answer | Asked in Social Security for Pennsylvania on
Q: I retired from US Post Office i get my Civil Pension Plan . Social Security tells me, i can not get my Social Security

benifits, is this correct?. And if so, is their away to at least get my money that i put in over all the years that i worked?

Peter N. Munsing
Peter N. Munsing answered on Jun 11, 2021

Depending on when you were hired, when you worked, what was taken out for what and paid where you may or may not get Social Security Retirement benefits of you may get them at a reduces level. Start by getting an explanation in writing from Social Security. Make sure you have your payroll records,... Read more »

1 Answer | Asked in Social Security for Pennsylvania on
Q: My lawyer received 50% of my back pay for his fee. Was he overpaid?
Peter N. Munsing
Peter N. Munsing answered on May 25, 2021

answered on one of your other posts. The other thing he or she can claim for is costs.

1 Answer | Asked in Social Security for Pennsylvania on
Q: My ssi lawyer received 50% of my back pay in fees. Was he overpaid?

There was only one appeal and two court cases that he took part in.

Peter N. Munsing
Peter N. Munsing answered on May 25, 2021

You have to look at the fee petition he filed. He should have sent you a copy. It's a question of what he did in terms of hours, the hourly fee (you have to match this with your fee agreement).

2 Answers | Asked in Social Security for Pennsylvania on
Q: My lawyer requested $9,000 on a fee petition but got almost twice that. Was he overpaid?

I received only a little more in back pay than my lawyer got in fees

Elizabeth Fowler Lunn
Elizabeth Fowler Lunn answered on May 24, 2021

Attorneys cannot collect or charge a fee unless it is approved by Social Security. Many times all of the letters and decisions going back and forth, including the Notice of Award of your benefits as well as the decision regarding the fee petition can get quite confusing. Social Security often... Read more »

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1 Answer | Asked in Social Security for Colorado on
Q: Hi, me and my husband are on ssdi. My 15 year old granddaughter came to live with us. Can I get money for her on my ssdi

My granddaughters mother is the one that send her to live with us. She said she has to live with us until she is 18 or older. Can I get any kind of help for her.

Kenneth Prigmore
Kenneth Prigmore answered on May 22, 2021

It may be possible to receive funds to care for your granddaughter. One issue that may come up is your relationship with her. Are you now her legal guardians? The Social Security Administration (SSA) may require proof of this relationship.

Call 1 (800) 772-1213 to talk to someone at SSA,...
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1 Answer | Asked in Social Security on
Q: I am going to need legal assistance as age 20 special needs comes off Ssi and Ssdi due to income. Needs miller trust.

Miller trust retains FSSA Waiver and Medicaid.

Elizabeth Fowler Lunn
Elizabeth Fowler Lunn answered on May 20, 2021

You will need to speak to an estate planning attorney in your area that regularly drafts special needs trusts. SSI benefits do have income and asset limits. SSDI benefits do not. You may be eligible to set up an ABLE account (depending on the source and amount of income) that would protect SSI and... Read more »

1 Answer | Asked in Social Security for California on
Q: When I applied for Disability on a duel application FOR benefits SSA determined me medically disabled and permanent SO

My question is then there is only one medical approval for either SSI OR SSDI WHEN I first applied and I was only given SSI BUT a few months later IRS AMENDED MY EARNINGS AND then I qualified for SSDI SO I don’t have to redo another medical review by DDS A SECOND TIME OR JUST A REOPENING because... Read more »

Cory Allison DeLellis
Cory Allison DeLellis answered on May 19, 2021

Good morning Clovis,

Social Security may review your disability status every year or so to make sure that you are still "disabled" under their rules. They generally do this by reviewing your medical records. If they see anything alarming in your medical records which may indicate...
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3 Answers | Asked in Social Security and Bankruptcy for Michigan on
Q: Can creditors put a lien on our home if my husbands social security money is secured in a different account?
Cristina M. Lipan
Cristina M. Lipan answered on May 18, 2021

A creditor may seek a judgment lien against real property that is owned by the Debtor (the individual who owes the creditor money). Social security income is generally not available to creditors, but it has to be in separate bank account from other funds. Bankruptcy may be an option, but you will... Read more »

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2 Answers | Asked in Social Security for Alabama on
Q: My nephew is paralyzed from a stroke - no assets or insurance. Can an attorney expedite SSD and Medicare benefits?

He is 50 with a 15 year old. Has not been employed for a couple of years. Brook wood is trying to move him as soon as they can find a facility that will take him without insurance, may even be out of state. He is not getting the physical therapy he needs.

Kenneth Prigmore
Kenneth Prigmore answered on May 17, 2021

The short answer is yes. An attorney can gather the medical evidence and send it all in at the start. I have seen this happen with a paralyzed client in the past. If you have clear evidence, it can go very quickly. Mine took less than a month. I am not taking clients, but I am sure you can find a... Read more »

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