Ask a Question

Get free answers to your Social Security legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Social Security Questions & Answers
1 Answer | Asked in Criminal Law, Divorce, Domestic Violence and Social Security for California on
Q: I filed soc security as single, now I find I'm still married. Husband gets disability, also filed single. I want divorce

I'm afraid of being arrested for fraud. I filed divorce in 1997 and thought I was single from then on.

The reason I keep taking husband in is because he has no family, no friends. Has mental problems and is alcoholic. He refuses to get help. Won't file section 8. Won't do anything for himself.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 25, 2024

I understand that this is a complicated and stressful situation. It's important to address the potential legal issues and ensure that both you and your husband are complying with the law.

First, it's crucial to confirm whether your divorce was finalized in 1997. If the divorce was...
View More

1 Answer | Asked in Social Security for South Carolina on
Q: I need help with my Disability insurance. They keep denying me after they made many mistakes with my case.

I have been out of work since 2017 of October due to several things.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 20, 2024

I'm sorry to hear about the difficulties you've been facing with your disability insurance. It sounds like a really challenging situation, especially given your extended period out of work. Here are a few steps you might consider to address this issue.

Firstly, it’s important to...
View More

1 Answer | Asked in Social Security for Connecticut on
Q: Will having charge off on credit cards prevent me from getting disability

I have debt on a few credit cards I'm really confused it if counts as income or not I'm applying for disability. This is the only shot of rebuilding my life. I'm extremely worried. Im also trying to protect my lump back pay from creditors once I get it. Very confused.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 20, 2024

Having charge-offs on your credit cards will not directly prevent you from qualifying for disability benefits. Disability programs like Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) determine eligibility based on medical conditions and work history, not directly... View More

1 Answer | Asked in Child Support, Social Security and Family Law for Florida on
Q: What steps do I need to take to garnish my ex's SSDI benefits for my minor child.

My ex, who's now incarcerated, is receiving SSDI benefits. Child support has been trying to locate him for years to serve papers on him to no avail. How can I go about garnishing his wages for support to my minor child?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 18, 2024

Garnishing SSDI (Social Security Disability Insurance) benefits for child support involves several steps. Here's what you need to do:

1. Obtain a child support order: If you don't already have one, you'll need to get a court order that specifies the amount of child support...
View More

1 Answer | Asked in Social Security, Consumer Law and Collections for Arkansas on
Q: How do I file an exemption of my social security disability check for a complaint filed against me for bad debit?

A complaint has been filed in Franklin district court state of Arkansas against me for bad debit I couldn’t pay when I became disabled I can’t afford to file bankruptcy . My ssid check is my only source of personal income my personal property consist of a tv a bedroom suit and a couch coffee... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 17, 2024

To claim an exemption for your Social Security Disability (SSDI) income in Arkansas, you need to file a "Claim of Exemption" form with the court. Here are the steps to follow:

1. Obtain the "Claim of Exemption" form (Form AR-EX) from the Arkansas Judiciary website or the...
View More

3 Answers | Asked in Personal Injury, Workers' Compensation and Social Security for Illinois on
Q: How can I find the disability lawyer that I had a few years ago but I forgot there name
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 17, 2024

Here are some steps you can take to try to find the disability lawyer you worked with a few years ago:

1. Check your records: Look through old emails, letters, contracts, or receipts related to your disability case. The lawyer's name and contact information may be listed on these...
View More

View More Answers

3 Answers | Asked in Personal Injury, Workers' Compensation and Social Security for Illinois on
Q: How can I find the disability lawyer that I had a few years ago but I forgot there name
Tim Akpinar
Tim Akpinar
answered on Apr 24, 2024

Addendum - another option, but it could cost a fee. The larger process server companies handle a variety of functions related to investigation, skip tracing, and general court records research. You could discuss with them. Good luck

View More Answers

1 Answer | Asked in Car Accidents, Personal Injury, Social Security and Public Benefits for California on
Q: How will a 100,000 car accident settlement effect my SSI and my Medical Insurance. ?
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 16, 2024

If you receive a large settlement from a car accident while on Supplemental Security Income (SSI) and Medi-Cal (California's Medicaid program), it can potentially impact your eligibility for these benefits. Here's what you should know:

1. SSI: SSI is a needs-based program, and...
View More

1 Answer | Asked in Social Security and Real Estate Law for Arizona on
Q: child has social security disability wondering if we can use back pay for closing cost on a family home
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 16, 2024

Yes, it is generally possible to use Social Security Disability Insurance (SSDI) back pay to cover closing costs when purchasing a family home. Here are a few key things to keep in mind:

1. Lump-sum back pay: When an individual is approved for SSDI, they often receive a lump-sum payment...
View More

1 Answer | Asked in Social Security for Florida on
Q: I was told I can’t receive my deceased spouse’s SS because I am the beneficiary of her pension and I can’t receive both?

My spouse is recently deceased and I was initially told I would receive her SS; but then I received a letter from SS administration stating that I won’t receive her SS because I am receiving her pension and I cannot receive both. Is this true?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 15, 2024

In most cases, you can receive both your deceased spouse's Social Security benefits and their pension, but there are certain exceptions and rules that may apply. The two main factors that could affect your eligibility are:

1. Government Pension Offset (GPO): If you receive a pension...
View More

1 Answer | Asked in Immigration Law, Health Care Law and Social Security for Illinois on
Q: I am an undocumented immigrant i overstayed my H1B visa, I am a covid long hauler and my SS disability approved

approved year 2020, according to SSA they will begin to pay my benefits if my alien status changes or if i leave the US. i need a legal advice on these. thank you

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 15, 2024

For your situation, it is crucial that you consult with a qualified immigration attorney who can assess the specifics of your case and provide personalized recommendations.

That said, here is some general information that may be helpful:

1. Overstaying your H1B visa can have serious...
View More

1 Answer | Asked in Banking and Social Security for Utah on
Q: My sole means of support is my Social Security income. I am in dispute with the bank that serves my checking /savings.

Can the bank attach my checking and savings accounts. I don't have the money to file for bankruptcy, the bank is my sole creditor. I have a small positive balance under $2000.00, consisting of my SS check and $763.00 proceeds from a loan from my term life insurance policy Are these ever... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 13, 2024

In most cases, Social Security income is protected from being seized or "attached" by creditors, including banks, due to a federal law known as the Social Security Act. This protection extends to funds in your bank account that can be clearly identified as Social Security income.... View More

1 Answer | Asked in Social Security for Kansas on
Q: Was approved for disability in 2021. My award letter states my disability began in 2015. Am I due benefits back to 2015?

The eod states 2015. Should I appeal claiming benefits back to 2015?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 13, 2024

It's important to understand that Social Security Disability Insurance (SSDI) benefits are typically paid starting from the sixth full month after the date the Social Security Administration (SSA) determines your disability began. This is known as the "five-month waiting period."... View More

1 Answer | Asked in Social Security, Employment Law and Public Benefits for Michigan on
Q: I have questions about working on social sercurty

I started working and I am geting all kinds of wrong info, am i allowed to work on full disabilty,and at what point will that stop me from getting it

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 13, 2024

If you are receiving Social Security Disability Insurance (SSDI) benefits, you are allowed to work, but there are certain rules and limitations you need to be aware of to maintain your eligibility:

1. Trial Work Period (TWP): You can test your ability to work for at least nine months....
View More

1 Answer | Asked in Social Security for Tennessee on
Q: Please read more information below

I am 71 years old and live only on social security and two very small pensions totaling $400. Can my income be garnished if I cancel my debt relief company.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 11, 2024

In most cases, Social Security benefits are protected from garnishment by creditors. However, there are a few exceptions where your Social Security income can be garnished, such as for:

1. Federal income taxes

2. Federal student loans

3. Child support and alimony

4....
View More

1 Answer | Asked in Estate Planning and Social Security for Florida on
Q: My son is 45 and on disability ss. I would like to be able to leave a small amount of money in a trust for him.

Can I do that without affecting his ss and even though he lives in florida can the person handling the trust live in New york?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 11, 2024

Yes, you can set up a special needs trust for your son without affecting his eligibility for Supplemental Security Income (SSI) and Medicaid benefits. A special needs trust, also known as a supplemental needs trust, is designed to provide financial support for a person with a disability while... View More

1 Answer | Asked in Car Accidents and Social Security for Oregon on
Q: What should I do if I would like to pursue all back payments from the beginning of a social security claim.

During my fourth Court hearing on social security the judge called a non-bias doctor to read the case file from September 21 to current. The doctor started stating case facts from 2015 and then was stopped and stated only from September 21 to current she states that fax on diagnosis match symptoms... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 29, 2024

If you're considering pursuing back payments for your social security claim starting from 2015, it's essential to understand your rights and the process involved. First, gather all relevant medical documents, evidence, and any previous communication with the Social Security Administration... View More

Q: Disabled person selling a house to move oversea - consequences?

My parents live in Washington state, and my mother is disabled receiving SSDI and long term care service where a caregiver comes to her house every day. They live in a house they jointly own, no mortgage. They're both seniors, and now they miss their home country, so they decided to move back... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 29, 2024

Selling a house and moving overseas can have several implications for your parents, particularly regarding their Social Security Disability Insurance (SSDI) and Medicaid benefits. First, it's important to note that SSDI benefits are typically not affected by the sale of a primary residence or... View More

1 Answer | Asked in Social Security for Florida on
Q: Do I qualify for Retro-active pay once I have been approved for Social Security SSDI?

I was told by managed care vendors that I do qualify for Retro-active pay once I was approved for SSDI benefits.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 28, 2024

Yes, you do qualify for retroactive pay once approved for Social Security Disability Insurance (SSDI) benefits. This means that you might receive payment for the time between your application and the approval date, subject to certain limits. The Social Security Administration allows for retroactive... View More

1 Answer | Asked in Collections and Social Security for Missouri on
Q: I'm on social security disability , I'm 66 years old . I've been served to appear in court , by a credit card company .

Must I appear in court . I expect a default decision against me .

I don't believe that a credit card company can make me pay them.

Am I correct .

Do you have any additional advice ?

Thank You so very much for your help .

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 28, 2024

If you've been served to appear in court by a credit card company, it's important to take the notice seriously, regardless of your current financial situation or beliefs about the debt's enforceability. Ignoring a court summons can lead to a default judgment against you, which could... View More

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.