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Social Security Questions & Answers
1 Answer | Asked in Social Security on
Q: My wife broke her arm on May 18 2020. She hasn't worked since and still gets PT. Could she have filed for SSI?
Susan Michele Schaefer
Susan Michele Schaefer answered on Sep 6, 2020

Social Security is not a short-term or partial disability program. In order to be disabled under Social Security, a person must meet the strict definition of disability which is the inability to do any substantial gainful activity by reason of any medically determinable physical or mental... 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 Criminal Law, Civil Rights and Social Security for Kentucky on
Q: What happens to your bills when you get arrested
Tim Akpinar
Tim Akpinar answered on Aug 25, 2020

It would be best for a Kentucky attorney to advise, but your post remains open for four weeks. As a general matter, bills unfortunately remain due. If you could consult with the attorney representing you, they should be able to offer guidance on what measures need to be taken. Good luck... Read more »

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...
Read more »

1 Answer | Asked in Social Security for Colorado on
Q: My wife is hospitalized currently and will require long-term care within a medical facility.

She is at an almost vegetative state. I am her POA for medical and wanted to see about SSD. She has filed in the past but was denied. With her current condition, can I apply for SSD for her via a lawyer?

Susan Michele Schaefer
Susan Michele Schaefer answered on Aug 21, 2020

Yes, you can file for SSDI on your wife's behalf or you can hire a disability attorney to file the application for her.

The Social Security disability application is online at https://www.ssa.gov/benefits/disability/.

For Social Security, the law defines disability as the...
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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...
Read more »

1 Answer | Asked in Social Security for Mississippi on
Q: I am a recent widow age 53. My husband was 58 when he passed away. We have an adult son age 28 who is autistic.

Our son draws ssi check for his disability. I have been in the home taking care of him since he was 3 years old. Can i draw my husbands social security now that he is gone?

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

If your late husband worked long enough to be insured, you, as a widow, can receive benefits from your late husband's Social Security at full retirement age for survivors or reduced benefits as early as age 60. You may begin receiving benefits based on your husband's Social Security as... Read more »

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... Read 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.... Read more »

2 Answers | Asked in Civil Rights, Federal Crimes, Intellectual Property and Social Security for Maryland on
Q: I received an email about because I got a notice of le a legal proceeding should I take it seriously

Case File : PS0103019

Court House Address- -United States District Court 500 Pearl Street, New York, NY 10007.

Lawsuit Cost - $4526.65(Including Attorney Fee/Court Fee/All Taxes)

Last Date to File Lawsuit - July 28th 2020.

Attorney Name- Paul Smith (Sr. Attorney in... Read more »

Mark Oakley
Mark Oakley answered on Jul 28, 2020

It's a scam. Ignore it.

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1 Answer | Asked in Social Security for Texas on
Q: My son lost his SSI benefits when he was 3 due to child support. Will it be hard to qualify for SSI when he turns 18?

He is a brain tumor survivor. We lost his SSI benefit (and more importantly, his Medicaid) when his absent father started making child support payments when my son turned 3. He is now 14, and I am planning for his post high school years. When he turns 18, the child support payments end. Will it... Read more »

Susan Michele Schaefer
Susan Michele Schaefer answered on Jul 23, 2020

I am sorry to hear that your son lost his SSI benefits due to an income/resource issue. Since SSI is a needs based program, there are limits to the amount of countable income/resources. I strongly urge you to contact a disability attorney now to consult about establishing an Achieving a Better Life... Read more »

1 Answer | Asked in Social Security for California on
Q: im receiving SSDI and awarded a workers comp settlement have a workers comp attorney,do i also need a SSDI attorney ?

my workers comp attorney didnt explain how my workers comp settlement would affect my SSDI benefits. i received letter from SSDI to provide settlement docs, so they can make adjustments to my ssdi payments.

Maurice Mandel II
Maurice Mandel II answered on Jul 19, 2020

Yes, you need an SSDI attorney. It is a completely different system than for WC.

Justia disclaimers below, incorporated herein.

2 Answers | Asked in Social Security and Health Care Law for California on
Q: Is it Too late to Fix my Disability claim?

About a 2 years ago i was diagnosed with Lymphoma and applied for disability and hired a lawyer, due to an issue it got delayed about a year till this march/april. at the time from the way things were going i had assumed i would be right as rain and back to normal within a month from what the test... Read more »

Stanley Dale Radtke
Stanley Dale Radtke answered on Jul 14, 2020

When you state that you "applied for disability," was that for State Disability Insurance, "SDI", or Social Security Disability Insurance "SSDI", or for Supplemental Security Income "SSI"?

If you are taking about SSDI, then you must have 40 units of...
Read more »

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2 Answers | Asked in Social Security and Appeals / Appellate Law for Tennessee on
Q: My ALJ disability claim was denied and my lawyer doesn't file beyond that level. Should I give up, continue on with

New lawyer or start over as I'm still having an increase of issues/surgeries?

Thomas Carter O'Brien
Thomas Carter O'Brien answered on Jul 9, 2020

That's not an easy question to answer without more details. Further appeals focus more on the application of the law to your case as opposed to "not seeing the facts your way". As such, the quality of the written decision and the way the judge conducted the proceedings are of... Read more »

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1 Answer | Asked in Social Security for California on
Q: My dad gets SSI, living alone. If my dad moves to my new 2nd home, paying rent to me, will his SSI remain the same?

My 83 year old dad receives SSI ($900/month) and lives in a subsidized senior apartment, paying rent of $300 per month (not sure whether he's in section 8). I'm thinking of buying a 2nd home soon and want him to live there by himself (he likes to as well), as it'll be nicer, but my... Read more »

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

Your dad's living arrangement could affect his SSI, so care will need to be taken so that he continues to get his maximum amount of SSI benefits. With only a few precautions, what you and your dad are planning is a very doable arrangement.

Your dad can get the maxim SSI benefit if her...
Read more »

1 Answer | Asked in Social Security for California on
Q: I was diagnosed with diastolic congestive heart failure i cannot work. Am i eligible for ssi?do i need a lawyer?
Susan Michele Schaefer
Susan Michele Schaefer answered on Jul 3, 2020

I strongly recommend that you consult with a disability lawyer as soon as possible since you have a severe medical condition. Most disability lawyers have free consultations and will be able to discuss with you the financial requirements you have to meet for SSI and the medical requirements to get... Read more »

1 Answer | Asked in Social Security for California on
Q: Can / Should I apply for SSDI while collecting unemployment?

Presently I am receiving unemployment benefits due to COVID-19 loss of business, and later will want to apply for SSDI.

My question- should I collect as much as possible in unemployment and only then apply for SSDI, or I can apply for SSDI now, while collecting unemployment?... Read more »

Neil Pedersen
Neil Pedersen answered on Jul 3, 2020

It takes a great deal of time, and it is not easy to qualify for, SSDI benefits. To get unemployment insurance benefits you need to certify that you are ready, willing and able to work full time, and that you are seeking full time employment. To qualify for SSDI benefits you need to establish... Read more »

1 Answer | Asked in Social Security for Michigan on
Q: My father passed in 2009. Days before his passing he was approved of his back pay. Can I claim it as his next of kin?

My father passed away in Aug 2009. Days before passing he received his letter that his back pay had been approved. A letter went out a few months later to my grandmother, who also passed prior to getting the letter. As his only next of kin am I eligible and able to claim his back pay?

Brent T. Geers
Brent T. Geers answered on Jul 2, 2020

Interesting. Was your father married at the time of his death? If not, then I think you might be entitled to it. It was never paid out? Was his estate ever probated?

1 Answer | Asked in Social Security for Arizona on
Q: I’m receiving SSDI. I also have applied for disability in Canada. Can I receive both and would SS need to be notified?
Scott F Bocchio
Scott F Bocchio answered on Jun 30, 2020

Yes, you can receive both. You would have to notify SSA.

Scott Bocchio, Esq.

855-254-7841

1 Answer | Asked in Divorce and Social Security for Louisiana on
Q: My husband states that he will not have to pay temporary spousal support because he gets Social Security Disability

It cant be taken out by law even though he has supported me for the last 10 years...Im applying for disability. Is this true

Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Jun 28, 2020

It can't be garnished but he can be ordered to pay you.

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