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Social Security Questions & Answers
1 Answer | Asked in Social Security for Arizona on
Q: I live in AZ and collect SSI, my Wife collects SSDI, will her monthly payments effect my SSI payments, and if so, how
Steve Perrigo
Steve Perrigo answered on Apr 25, 2020

Yes, her income, including SSDI, will affect your check. The concept is known as "deeming" - as in some of her income will be deemed to you. There are several variables in the calculation, so you'll need to contact SSA for the exact amount. But typically, it will lower your SSI check.

1 Answer | Asked in Social Security for Arizona on
Q: SSI payment question

I collect SSI and recently got married, my wife collects SSDI will her payments effect my SSI payments and if so, what is the formula used for calculations?

Steve Perrigo
Steve Perrigo answered on Apr 25, 2020

Yes, her income, including SSDI, will affect your check. The concept is known as "deeming" - as in some of her income will be deemed to you. There are several variables in the calculation, so you'll need to contact SSA for the exact amount. But typically, it will lower your SSI check.

1 Answer | Asked in Social Security for Arizona on
Q: What does social security consider twelve consecutive months?

This concerns someone in prison on SSI. If she was arrested and put in jail on June 19, 2019 and will be released on May 23, 2020, is that considered 12 consectutive months and they would have to refile for SSI and start the process again?

Thank you.

Steve Perrigo
Steve Perrigo answered on Apr 25, 2020

I don't believe so, because the period of ineligibility starts July 2019, so I only count 11. Having said that, her SSI record will likely go into a terminated status and they'll have to start a new one, but that does not require a new medical decision. This should only involve a... Read more »

1 Answer | Asked in Social Security for Arizona on
Q: SSI payment question

I collect SSI and recently got married, my wife collects SSDI will her payments effect my SSI payments and if so, what is the formula used for calculations?

Steve Perrigo
Steve Perrigo answered on Apr 25, 2020

Yes, her income, including SSDI, will affect your check. The concept is known as "deeming" - as in some of her income will be deemed to you. There are several variables in the calculation, so you'll need to contact SSA for the exact amount. But typically, it will lower your SSI check.

1 Answer | Asked in Social Security for Pennsylvania on
Q: Entitlement to Social Security retirement benefits.

My Social Security retirement benefits payments ceased upon my incarceration in a state prison for a felony conviction. I was released on parole and transferred to the Immigration detention, where I spent one year before getting deported.

I understand I can't get paid during... Read more »

Peter N. Munsing
Peter N. Munsing answered on Apr 23, 2020

Start by contacting the ACLU immigration project. https://www.aclu.org/contact-us/

2 Answers | Asked in Family Law, Gov & Administrative Law and Social Security for Florida on
Q: Husband died of last 17years not together I need death certificate to turn in BUT DONT HAVE HIS TOWN OR SS NUMBER ???
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 23, 2020

This is no a legal problem; it is a ancient personal problem that cannot be solved by lawyers here on Justia. However, I will tell you that there are lawyers and others who can perform miracles doing "skip-tracing" (finding deadbeats); hire one.

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2 Answers | Asked in Social Security and Tax Law for Florida on
Q: Will my disabled child receive the stimulus money even though the father claimed her on his taxes?

My child receives SSI , I the mother represent her. The father claimed my child on his taxes. IRS is sending stimulus $ to all social security but will my child still get $1200 even though she was claimed as a dependent?

D. Mathew Blackburn
D. Mathew Blackburn answered on Apr 22, 2020

No, Father will receive an additional $500.

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1 Answer | Asked in Social Security for Connecticut on
Q: How do i return social security money because of the death of an individual
Susan Michele Schaefer
Susan Michele Schaefer answered on Apr 20, 2020

Report the death of someone who was receiving Social Security benefits the Social Security Administration (SSA) by calling 1-800-772-1213 (TTY 1-800-325-0778). Let SSA know about the money that needs to be returned. Keep in mind that Social Security benefits are paid a month behind. For example,... Read more »

1 Answer | Asked in Estate Planning and Social Security for Wisconsin on
Q: I am in Wisconsin. I receive SSI. I received a check from MetLife after my sister's death. I was a beneficiary. It was

$7900. I have to keep my resources under $2000 for SSI. I want to spend the money on my sister's funeral costs. Can I do that? What do I do with the check?

Thomas B. Burton
Thomas B. Burton answered on Apr 20, 2020

Hello, I am sorry to hear about the death of your sister. If your sister's Estate had no other assets, and there are funeral debts outstanding, then in a situation where you were not receiving SSI benefits you could use that money to pay for her funeral. However, normally, her Estate would pay... Read more »

1 Answer | Asked in Social Security for Texas on
Q: I have been receive survivor benefits for myself and 3 daughters since my husband's death. When do they stop?

Our oldest turns 16 soon, will we lose all our benefits? What about the younger two? All the kids are still in school, and not sure why it would affect the younger kids. Had a SSI office worker tell me all benefits stop when the oldest turns 16 and I don't understand why the younger kids would... Read more »

Susan Michele Schaefer
Susan Michele Schaefer answered on Apr 18, 2020

As a widow who has not remarried and who is the primary caretaker for the deceased’s children under age 16, you should receive benefits until the youngest child reaches 16.

Each unmarried child of the deceased will get survivors benefits until they reach age 18 (or age 19 if the child is...
Read more »

1 Answer | Asked in Social Security for Indiana on
Q: is the year one retires if it is a high 35th, year used for pia?

i retired in june 2019 at that time my earnings for 2019 was one of my highest years, should this year be used for my PIA?

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

The Social Security Administration (SSA) calculates your average indexed monthly earnings (AIME) during the 35 years in which you earned the most. SSA then applies a formula to the AIME to arrive at your basic Social Security retirement benefit, or primary insurance amount (PIA). Your PIA is how... Read more »

1 Answer | Asked in Social Security for New York on
Q: My husband passed away 2weeks ago : He was receiving social security benefits : Will I or our children be able to get hi

Will be able to get his last month benefits so we can use for his final expenses such as funeral costs and other expenses ?

Susan Michele Schaefer
Susan Michele Schaefer answered on Apr 15, 2020

My condolences to you and your family. Below are the next steps to take with regard to Social Security benefits and the death of your husband.

First of all, your husband's death must be reported to the Social Security Administration (SSA). In most cases, the funeral home will report...
Read more »

1 Answer | Asked in Employment Law, Tax Law, Business Law and Social Security for Tennessee on
Q: How to get SSA withholding that my now deceased employer failed to send to SSA?

My employer failed to send SSA withholding to SSA for many years. All employees' SSA statements show $0 for those years. She passed away last year and her family closed that business entity and reopened with a new name, retaining all employees. The new company has paid SSA as required. The... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 15, 2020

Generic legal advice to all humans being asked to sign anything important--ever: Before signing any document that in an y way raises concerns about the possible affect of that document you should ALWAYS send a copy of the document to your family lawyer and ask them to flyspeck it and advise you... Read more »

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 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 Tax Law, Gov & Administrative Law and Social Security for Washington on
Q: Who is entitled to the stimulus check?

A couple days ago my husband was arrested and will most likely be doing prison time.

We are separated (not legally) and filed married filing jointly for 2019.

When the 1200 for him comes with the stimulus check, am I legally entitled to keeping it?

The reason I ask this... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 9, 2020

This is not a legal question. This is a serious family control question--the answer to which will be answered by the two people affected: you and your husband.

I will ask you a question to give you a large hint as to the answer: If your husband was awarded the Medal of Honor for bravery...
Read more »

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.... Read more »

1 Answer | Asked in Social Security for Tennessee on
Q: 15days ago I relocated a Brother from Chgo to Mphs after a stroke. Does he have to be denied SSDI before hiring an Atty?
Steve Perrigo
Steve Perrigo answered on Apr 4, 2020

No, you should hire an attorney early in the process. There is no charge for consultations, and they are only paid if they win your case. You can call me directly if you have any questions. Regards, Steve

1 Answer | Asked in Social Security for Tennessee on
Q: I'm on ssi, I have been on ssi for 4or5 years, I dont make enough to pay child sup. being on ssi, but I have arrears wil

I still get a 2020 stimulus check like everyone else on ssi, or will they take it away from me or garnish my 2020 stimulus check because I have arrears in child support, even though I havent had to make a child support payment in the whole 4or5 years since the state of Tennessee deemed me to be... Read more »

Steve Perrigo
Steve Perrigo answered on Apr 4, 2020

I don't believe they are garnishing stimulus checks for child support arrears.

1 Answer | Asked in Family Law, Domestic Violence, Education Law and Social Security on
Q: Question regarding selfish behaviour of grandparents.

My grandmother and grandfather sold all the property they had and ate all through their lifespan and lived high standard Life giving nothing to children and even sold the lands that are supposed to be inherited to his son. Now they are threating to sell the house and land on which our family lives.... Read more »

Tim Akpinar
Tim Akpinar answered on Apr 4, 2020

Maybe you could repost your question in the Probate and Estate Planning sections. There's no guarantee of every question here being picked up, but if anyone could comment meaningfully on your situation, it's the attorneys who are active in those sections. Good luck

Tim Akpinar

1 Answer | Asked in Social Security for New York on
Q: If a child child over the age of 24 wants their birth certificate and social security card but their parent wont give it

Is that illegal?

Steve Perrigo
Steve Perrigo answered on Apr 2, 2020

I don't think it is illegal per se, just not very kind or helpful. You can get replacements for both. Birth Certificates are through the state dept of health or bureau of vital statistics. Replacement SS cards are easily replaced by going into your local SSA field office with proper... Read more »

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