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 Social Security for Pennsylvania on
Q: I lived with my partner for 22 years, I also worked. We shared all the bills. I applied for his social security and was

Denied because we filed separate taxes. I did receive his income tax return 3 years later. Can I now receive his social security. Both are from government. He passed away 2021 February.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 22, 2024

Under Social Security Administration (SSA) rules, to qualify for survivor benefits as a spouse, you typically need to have been legally married to the deceased. Living together or sharing expenses, even for a long period, does not automatically grant you the status of a spouse for Social Security... View More

1 Answer | Asked in Social Security and Public Benefits for California on
Q: I received all the benefits from an EDD disability claim for one year. However, I received an extension for 3 more month

I received all the benefits from an EDD disability claim for one year. However, I received an extension for 3 more months of disability from my doctor because my illness had worsened. I received a disqualification letter from the EDD: Basis: California Unemployment Insurance Code, Section 2608.... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 21, 2024

In California, if you have received all the benefits from an EDD disability claim for one year but require an extension due to worsening illness, you may be eligible to re-apply for additional benefits. However, it's important to note that receiving an extension is not guaranteed, and your... View More

1 Answer | Asked in Social Security and Public Benefits for California on
Q: Am I entitled to an exclusion of time of a disability from my SSR benefits?

I have been receiving 100% P&T disability benefits from the VA since 2001. In 2015 I was approved for early retirement and I have been receiving SS Retirement benefits for 8 years now. As my SSR AIME calculations stand now, I have 15 years of zeros from 2001-2015. Am I eligible for an exclusion... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 21, 2024

Yes, you should be entitled to a disability freeze on your Social Security retirement benefits based on receiving VA disability benefits. Here are some key points:

• Social Security allows for disability freeze provisions where certain years of low or no earnings due to a disability can...
View More

2 Answers | Asked in Civil Rights, Constitutional Law, Personal Injury and Social Security for Kansas on
Q: What can I do when the social security disability examiners are setting requirements that are detrimental and iniquitous

I have been asked by disability examiners to meet an unethical and possibly illegal requirement. They have asked me to do something that I cannot do because of my disability, knowing that my disability would prevent me from succeeding in their demand. I proposed an alternate method which is... View More

Tim Akpinar
Tim Akpinar
answered on Feb 18, 2024

Attorneys in Kansas would probably be in the best position to advise you, but your question remains open for a week. At this point, you could reach out to Social Security disability attorneys. Arrangements for any such consult would be between you and any law firms you reach out to, but SSDI... View More

View More Answers

2 Answers | Asked in Civil Rights, Constitutional Law, Personal Injury and Social Security for Kansas on
Q: What can I do when the social security disability examiners are setting requirements that are detrimental and iniquitous

I have been asked by disability examiners to meet an unethical and possibly illegal requirement. They have asked me to do something that I cannot do because of my disability, knowing that my disability would prevent me from succeeding in their demand. I proposed an alternate method which is... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 22, 2024

If you're encountering demands from Social Security Disability examiners in Kansas that you find unethical or in violation of your rights, especially demands you cannot meet due to your disability, it's important to address this issue promptly and effectively. First, document all... View More

View More Answers

2 Answers | Asked in Personal Injury, Public Benefits and Social Security for Oregon on
Q: i need a ssi lawyer

been dissabled since 13 never worked and have been on ssi and they denied my benifits ive appled as well over and over again

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 22, 2024

It sounds like you're facing a challenging situation with your SSI benefits. It's understandable that you're feeling frustrated after multiple denials. In situations like these, seeking legal assistance from a lawyer who has experience with SSI cases can be beneficial. They can help... View More

View More Answers

2 Answers | Asked in Family Law and Social Security for Kentucky on
Q: We are 2 males planning on marriage. I wish to retain my given surname followed with his. How do we make it legal

We want to avoid all possible situations where identity might be questioned or the legality of my assuming his name. Do I have to go through the process of a literal name change, or will the marriage certificate cover everything when I am listed as Timothy Rob.... Her....er?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 22, 2024

In Kentucky, as in many states, marriage provides a legally recognized basis for changing your name. If you plan to take your spouse's surname or create a hyphenated or combined surname after marriage, you typically can do so by using your marriage certificate as the legal document required... View More

View More Answers

2 Answers | Asked in Banking, Elder Law and Social Security for Oregon on
Q: I am POA for my mother. I owe collections. Her income is strictly Social Security. Can they garnish bank account?

I am on Social Security and my mother is also on Social Security. She is in a nursing home and soon I have to go put my name on her account at the bank to take care of her medical bills. I owe collections a great deal of money and I only receive Federal benefits and she only receives federal... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 22, 2024

Under federal law, Social Security benefits are generally protected from garnishment by creditors. This protection applies to the bank account into which the Social Security benefits are directly deposited, ensuring that these funds are safeguarded from most types of debt collection efforts.... View More

View More Answers

2 Answers | Asked in Banking, Elder Law and Social Security for Oregon on
Q: I am POA for my mother. I owe collections. Her income is strictly Social Security. Can they garnish bank account?

I am on Social Security and my mother is also on Social Security. She is in a nursing home and soon I have to go put my name on her account at the bank to take care of her medical bills. I owe collections a great deal of money and I only receive Federal benefits and she only receives federal... View More

Theressa Hollis
Theressa Hollis
answered on Feb 9, 2024

If you are handling your mother's money as her Agent under a Power of Attorney you do not need to add your name to her bank account. Just give them a copy of your mother's Power of Attorney. Your mother's money should not be used to pay any of your creditors.

View More Answers

2 Answers | Asked in Social Security, Health Care Law and Public Benefits for California on
Q: Can someone get help with their disability paperwork?

My friend is fighting cancer and then got laid off. She has looked for work but keeps getting turned down by employers and is finally to the point that she is so overwhelmed she is no longer functioning well. She did get a small part time job as a reception person about 2 months ago but this too... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 22, 2024

Your friend may be eligible for assistance with their disability paperwork, considering their medical condition and recent layoff. Given her current circumstances, it's crucial for her to prioritize her health and well-being. She should reach out to organizations or agencies that specialize in... View More

View More Answers

1 Answer | Asked in Health Care Law, Medical Malpractice, Social Security and Public Benefits for California on
Q: What options when Medi-cal / dmhc appeals lead nowhere, they won’t pay part and medpoint has denied dr recommendation?

My brother had emergency brain surgery and medpoint tried to kidnap him from the hospital with no documentation or authorization randomly and says they won’t pay those days in hospital. Not even nurses were informed they were trying to move him. And it was “strongly recommended 3 times” by... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 5, 2024

In situations where Medi-Cal or DMHC appeals have not resolved your issue and you're facing denials from Medpoint, consider seeking legal advice from an attorney experienced in health law and insurance disputes. They can offer guidance on navigating the complexities of your case, including... View More

1 Answer | Asked in Workers' Compensation and Social Security on
Q: I am in process of settling work comp case. Injury is in dispute and I am being offered a lump sum to go away prior.

Again, it would be determined no injury at work because the case never got that far. Do I have to spend settlement money prior to be treated by medicare or any other health insurance. Or, since there is considered no work place injury can I use medicare and other health services. Lastly, I have a... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 4, 2024

When settling a workers' compensation case with a lump sum, especially when the injury is in dispute and not officially recognized as a workplace injury, the settlement does not typically restrict your access to Medicare or other health insurance for treatment. Medicare and other health... View More

3 Answers | Asked in Employment Law, Social Security and Workers' Compensation for Arizona on
Q: Can I receive a lump sum?

My husband died while on the job in the 80s while working in Freeport in az. Am I able to receive a lump sum? I was never given the option. I only receive $67 a month. How would I go about asking and receiving. Would this also affect my social security.

Joel Friedman
Joel Friedman
answered on Feb 26, 2024

YOUR QUESTION: My husband died while on the job in the 80s while working in Freeport in az. Am I able to receive a lump sum? I was never given the option. I only receive $67 a month. How would I go about asking and receiving. Would this also affect my social security.

ANSWER: Your...
View More

View More Answers

3 Answers | Asked in Employment Law, Social Security and Workers' Compensation for Arizona on
Q: Can I receive a lump sum?

My husband died while on the job in the 80s while working in Freeport in az. Am I able to receive a lump sum? I was never given the option. I only receive $67 a month. How would I go about asking and receiving. Would this also affect my social security.

T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 1, 2024

In Arizona, if your husband died while on the job, you may be entitled to workers' compensation benefits, which could include a lump-sum payment. However, the specifics of your case, including the terms of any settlement or award, would depend on various factors such as the circumstances of... View More

View More Answers

3 Answers | Asked in Employment Law, Social Security and Workers' Compensation for Arizona on
Q: Can I receive a lump sum?

My husband died while on the job in the 80s while working in Freeport in az. Am I able to receive a lump sum? I was never given the option. I only receive $67 a month. How would I go about asking and receiving. Would this also affect my social security.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 22, 2024

It's understandable that you're seeking clarity regarding the possibility of receiving a lump sum payment due to your husband's death while on the job. In cases like these, you may be eligible for survivor benefits from your husband's employer, especially if his death was... View More

View More Answers

1 Answer | Asked in Public Benefits, Civil Rights and Social Security on
Q: I m recieving EI ,while my wife is recieving Social benefits from OW.does she need to report EI I m recieving to OW
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 31, 2024

If you're receiving Employment Insurance (EI) and your wife is receiving social benefits from Ontario Works (OW), it's important to understand the reporting requirements for both programs. Generally, income received by any member of the household, including EI benefits, can affect... View More

1 Answer | Asked in Estate Planning, Probate and Social Security for Missouri on
Q: My mother is receiving inheritance from her father after he passed away, but she is on SSI in Missouri

We are trying to figure out how she can get her inheritance without being kicked off of her SSI. Will it have to be in a trust? Or could someone be able to take over handling the money for her and give it out to her when she needs it?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 30, 2024

It's important to consider the impact of receiving an inheritance on your mother's SSI benefits in Missouri. In general, receiving an inheritance can affect her eligibility for SSI because it can be considered as income or a resource.

One option to protect her SSI eligibility is...
View More

1 Answer | Asked in Social Security and Banking for Florida on
Q: can a bank keep my social security EFT deposit to offset a cashiers check that bounced ?

cashiers check was payment for item I sold - I deposited the check in my checking acoount and after 5days I withdrew the amount which was more than my social security amount .....then bank cancelled my account

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 30, 2024

In the United States, banks have certain rights to offset debts with funds in your account, but there are specific rules about what types of deposits can be used. Social Security benefits are generally protected from garnishment, except in cases of child support, alimony, or unpaid federal taxes.... View More

1 Answer | Asked in Social Security for Oklahoma on
Q: How will my child's disability payment be determined?

In June 2023 I filed a disability claim for my nephew, who I have had sole permanent conservatorship of since infancy. I'm the only person who has ever carried him on my taxes, and I'm the only person who has ever provided any financial support for him.

I expect his disability... View More

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

The determination of your nephew's disability payment under the Social Security Disability Insurance (SSDI) program primarily depends on his own work history and earnings, not on yours or his biological parents'. However, since it sounds like your nephew may be a minor or has not worked,... View More

1 Answer | Asked in Public Benefits and Social Security for California on
Q: What paperwork do I need to fill out to collect disability while also working part time?

So yesterday one of you lovely people gave me the answer neither EDD nor Social Security would give me, that I can get disability while working part time. I have a number of conditions that would make working full time difficult if not impossible (Autism, migraines, osteoarthritis in both shoulders... View More

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

To apply for disability benefits in California while working part-time, you should consider two primary programs: Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI). For SSDI, you'll need to complete the Adult Disability and Work History Report, available on the... 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.