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Virginia Social Security Questions & Answers
1 Answer | Asked in Criminal Law and Social Security for Virginia on
Q: Can legally they take your disability if you are Incarcerated but have yet to be sentenced or found guilty
Susan Michele Schaefer
Susan Michele Schaefer answered on Jan 31, 2021

Yes, Social Security generally does not pay Social Security and Supplemental Security Income (SSI) recipients during confinement for a crime in jail, prison or certain other public institutions. See,

For SSI benefits, the law states that you cannot...
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1 Answer | Asked in Health Care Law and Social Security for Virginia on
Q: What should I do

I went into a nursing home right after hip surgery for less than a month. Well no one at social security office changed my address and now they are deducting a yrs worth out of my check because they claim I was in a nursing home a yr. I was in only for 24 days. So I told them well one agent... Read more »

Kenneth Prigmore
Kenneth Prigmore answered on Nov 9, 2020

Keep talking to SSA. Attorneys frequently work out deals for payment, and later SSA changes things on them. In this case, it sounds like if you get paid for the missing year, your attorney might actually get more money. I would at least discuss the situation with your attorney to find out what they... Read more »

1 Answer | Asked in Social Security for Virginia on
Q: When the vocational expert at the alj hearing says you cant work on a full time basis, does that mean you are disabled?
Susan Michele Schaefer
Susan Michele Schaefer answered on Sep 11, 2020

A vocational expert (VE) plays a significant role in a Social Security disability hearing. A VE is an expert witness who knows about job requirements and job availability in the current labor market. At the hearing before the Administrative Law Judge (ALJ), the VE will give his expert opinion in... Read more »

1 Answer | Asked in Estate Planning and Social Security for Virginia on
Q: My ex husband passed away and our kids have been receiving SS benefits through high school graduation.

I teach in a public school and am currently 53 and dating someone. Are there still benefits to be paid out to me from ex’s SS if my kids already got money? If so, would I have to wait until age 67 to receive? If I’ve worked steadily from age 21 is it even worth it for me to think about that... Read more »

Nina Whitehurst
Nina Whitehurst answered on Mar 19, 2020

The fact that your children drew benefits against your ex husband's earnings record will have no effect on your eventual ability to draw against his earnings record but you must have been married for at least 10 years, you can't draw until he starts drawing, and you can't draw until... Read more »

1 Answer | Asked in Social Security for Virginia on
Q: My boyfriend is going through a divorce can he lose his disability when property and money is divided

Will this make him lose his disability? Or how does he keep from losing his disability benefits? rental properties and other real estate has to be divided

Jerry Lutkenhaus
Jerry Lutkenhaus answered on Sep 9, 2019

As a Virginia Social Security Disability lawyer, I can tell you this divorce should have no impact on his disability. However, he should verify this with his divorce lawyer.

1 Answer | Asked in Social Security for Virginia on
Q: SSDI asked for information to make a fully favorable decision on the record, after being denied, is that good news?

My husband was hurt on the job, July 2017 and has not worked since then. He is 58 years old now and worked in the coal mines, doing underground work. Signed up for ssdi in Dec 2017, was denied, we hired and attorney, reconsideration denied, appeal filed and we got this notice from ssdi. Then 2... Read more »

Jerry Lutkenhaus
Jerry Lutkenhaus answered on Apr 8, 2019

Since he is over 55 with less than a high school education and he cannot do his prior work, he should have a great chance. I base this opinion on 35 years of Social Security Disability practice in the Richmond, Virginia area.

4 Answers | Asked in Criminal Law, Civil Litigation, Nursing Home Abuse and Social Security for Virginia on
Q: What's the best way for me to find an attorney to represent me in a fraud/wrongdoing case against me & a deceased party

I would be the plaintiff

I'm searching for an excellent trial attorney on a success fee basis

Extreme injustice done

This doesn't involve probate, it involves litigation

It involves social security disability money, breach of fiduciary duty, fraudulent... Read more »

Daniel P Leavitt
Daniel P Leavitt answered on Jan 30, 2019

If you're alleging someone was killed then the police and prosecutor would handle that on the criminal law side of your question.

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1 Answer | Asked in Insurance Defense, Landlord - Tenant, Public Benefits and Social Security for Virginia on
Q: Term life ins policy owner/beneficiary, effect me if I choose to rent subsidized apartment housing, State of Virginia.

I'm low income on SSD (not SSI), I can't afford market rent. I'm owner of & been paying on a Term Life $15,000 policy for 13 years on my ex & need the proceeds to pay off bills so I can maintain my regular monthly expenses. My concerns are that if I choose to rent subsidized... Read more »

F. Paul Maloof
F. Paul Maloof answered on Jan 18, 2019

I regret that I do not handle insurance policy maters. Sorry.

3 Answers | Asked in DUI / DWI and Social Security for Virginia on
Q: Can I be charged with a dwi2 without being convicted of 1st dwi.
Stephen Patrick Pfeiffer
Stephen Patrick Pfeiffer answered on Mar 14, 2018

The previous conviction is essential in proving the second.

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1 Answer | Asked in Employment Law, Personal Injury, Identity Theft and Social Security for Virginia on
Q: My social security number was shared to over 350 employees in an email without my knowledge or consent. What can I do?

I work for a federal government agency (Org A), while representing and employed through Org A, I assisted a separate federal government agency (Org B) on a project. For my contributions upon completion of the project, Org B gave me a small monetary award. After a long 2-year HR process between Org... Read more »

Mr. Beau Correll
Mr. Beau Correll answered on Jan 7, 2018

I'm very sorry that this happened. You should understand, though, that no matter how jarring or tortious an act may be that certain strict time limits apply. I believe that your factual scenario may touch upon two areas of the law - the first is state tort law and the second is federal... Read more »

2 Answers | Asked in Social Security for Virginia on
Q: What if we never hear from Social Security?

My husband has congestive heart failure. He was diagnosed in 2009, and could've filed for disability then (he met the criteria), but was only 37. He wanted to work if he could. This year his symptoms grew worse and he had to stop. We filed for disability in August, SS had his medical records... Read more »

F. Anthony Bullock
F. Anthony Bullock answered on Dec 22, 2017

You can call the claims examiner for an update. Also, you can acquire attorney representation at the initial application level. You do not need to wait until you are denied.

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1 Answer | Asked in Criminal Law, Federal Crimes, Identity Theft and Social Security for Virginia on
Q: My mother opened a credit card in my name using my social security number. What can she do? Without pressing charges

I would prefer not to press charges. She is being uncooperative. What can I do.

Bryan J. Jones
Bryan J. Jones answered on Dec 18, 2017

If you don't want to press charges, you can contact the credit card company and ask them to cancel the card and any transactions your mother ran on the card. You may be able to file a civil lawsuit against her, but you'd almost certainly have to pay an attorney a significant retainer and... Read more »

1 Answer | Asked in Social Security for Virginia on
Q: I've been collecting my deceased husband's SS since retiring, but I will get more when I turn 70, right?

I turn 70 in March of 2018. I've been told that the amount will increase then. I would like to know the new amount to expect, so I can better plan.

Jerry Lutkenhaus
Jerry Lutkenhaus answered on Nov 1, 2017

It is my understanding if you "delay" taking benefits until age 70 then you receive higher benefits. However, this does not appear to be your case since you did not "delay" taking benefits. You should of course check with your Social Security Office to make sure nothing higher... Read more »

1 Answer | Asked in Social Security for Virginia on
Q: i need help getting my ssi. can u help?

I've been denied 3 times now and need help.

Jerry Lutkenhaus
Jerry Lutkenhaus answered on Sep 26, 2017

Your application for SSI or welfare disability is dependent on your age, your past work, your education and skills, your impairments, and the medical care you receive. Generally, if you are under age 50, you have to show you cannot do "any" job in the economy. You have to show you cannot... Read more »

1 Answer | Asked in Social Security for Virginia on
Q: can l get social security disability at the age of 55 when your spouse is still working and you have a savings account

If I qualify

Jerry Lutkenhaus
Jerry Lutkenhaus answered on Jul 31, 2017

If you have a disability that precludes you from any gainful work based on your age, past work experience, and education then yes you can apply.

1 Answer | Asked in Social Security for Virginia on
Q: I have rheumatoid arthritis, carpal tunnel & disc disease. I am still working. Should I quit working? I have a IRA also.
Jerry Lutkenhaus
Jerry Lutkenhaus answered on Mar 17, 2017

You did not say your age. However, it can be a struggle to get Social Security Disability. So if you can I would advise working as long as you can.

1 Answer | Asked in Social Security for Virginia on
Q: My son in law is 35 years old with an extremely aggressive form of MS

If he should die, would my daughter be entitled to survivor's benefits?They have 3 daughters the eldest is 16 and the youngest 2 and a half.

Jerry Lutkenhaus
Jerry Lutkenhaus answered on Mar 15, 2017

If he has Social Security Disability, then there would be survivorship benefits for the children. If he has Supplemental Security Income (SSI), there is no survivorship benefits because SSI is welfare disability.

2 Answers | Asked in Child Support and Social Security for Virginia on
Q: In the state of Virginia can child support be deducted from a social security disability check
Matthew Lane Kreitzer
Matthew Lane Kreitzer answered on Aug 22, 2016

Generally speaking, social security is offset by your child support payments. Talk with a Family Law attorney for more information.

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2 Answers | Asked in Social Security for Virginia on
Q: they stop the payment for SSI because I have a saving account which I forget about it. I did an appeal, I need an advice

I am not working now

Peter N. Munsing
Peter N. Munsing answered on Aug 17, 2016

First you can have an account--it just can't have more than $2500 in it. Best bet is to see if you can work out a "spend down"

but first check with legal aid/legal services to see if under your facts you can ask for a "waiver" of the condition of having a bank...
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1 Answer | Asked in Social Security and Real Estate Law for Virginia on
Q: I'm on ssi temporarily. My mother has my property in her name. My uncle lives in it, no income can I put it in my name?

She wanted to protect the property. Her and her husband are getting divorced and he's trying to use my home to fund her hense fund himself. He has given "far" over to his kids. I want to quit claim it to me before he gets his claws out. I've also been morbidly abused by him and... Read more »

Peter N. Munsing
Peter N. Munsing answered on Jul 7, 2016

you really need to see an attorney as it's complicated because you put it in mom's name. Yes, she can sign it back to you.

But there are things that need to be done to protect you and her. Unfrotunately, these things --title transfers, etc.--cost money.

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