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Virginia Social Security Questions & Answers
1 Answer | Asked in Divorce, Social Security and Family Law for Virginia on
Q: Q: Can I force an ex-wife to file for spousal benefits under SS to offset equalization of existing benefits paid monthly

Q: Can I force an ex-wife to file for spousal benefits under SS to offset equalization of existing benefits I pay monthly?

Our divorce decree mandates I pay an equalization amount to her monthly along with 50% of my Govt Retirement. I believe she has not filed so I have to pay her from my... View More

James L. Arrasmith
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answered on Jun 15, 2024

Unfortunately, you cannot force your ex-wife to file for spousal benefits under Social Security. Social Security rules allow her to decide when to file for benefits, and there is no legal mechanism to compel her to do so. However, understanding your options can help you manage this situation.... View More

1 Answer | Asked in Divorce, Social Security and Family Law for Virginia on
Q: I was married 26 yrs and was not on the loan. I got ssi in 2020 . We sold house 2021. Earnings from sale affect ssi?
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answered on Mar 8, 2024

When you're receiving Supplemental Security Income (SSI), it's important to understand how changes in your financial situation can impact your benefits. SSI is designed to help individuals with limited income and resources, and the Social Security Administration (SSA) takes into account... View More

1 Answer | Asked in Social Security for Virginia on
Q: va repayment affect new spouse
James L. Arrasmith
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answered on Feb 22, 2024

When considering VA repayment affecting a new spouse, it's crucial to understand that your spouse's credit and financial obligations are separate from yours. If you incurred a VA loan repayment obligation before marriage, your spouse generally won't be directly responsible for that... View More

2 Answers | Asked in Social Security, Appeals / Appellate Law and Public Benefits for Virginia on
Q: What does Appeals Council review mean in Social Security benefits denial?

I was denied Social Security benefits by the Administrative Law Judge, and my case has been sent to the Appeals Council, which has decided to review it. What does it mean for them to review my case? Additionally, I have legal counsel assisting me with the process.

Jerry Lutkenhaus
Jerry Lutkenhaus
answered on Jul 11, 2025

If your case has bring reviewed by the Appeals Council, then your lawyer may have asked for this review. It is very unusual for the Appeals Council to review a case on its own.

If the Appeals Council finds an error by the Judge, then the Appeals Council will send it back for a new hearing....
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2 Answers | Asked in Social Security, Public Benefits and Health Care Law for Virginia on
Q: Impact of income change on disabled child's SSI and Medicaid eligibility

My 14-year-old son receives Social Security Income due to his disability. Our household income has recently increased slightly, and we have reported this change. Since we are not classified as low-income, I want to know if my son's eligibility for Social Security benefits could be affected.... View More

Jerry Lutkenhaus
Jerry Lutkenhaus
answered on Jul 11, 2025

First of all, your child does not receive Social Security. He receives Supplemental Security Income or SSI which is a welfare program.

Second, since it is a welfare program, it can be adversely affected by the total income of the household. So even though the disabled child has no income...
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1 Answer | Asked in Collections, Social Security and Public Benefits for Virginia on
Q: Can joint savings account with SSA funds & wife's payroll be garnished for credit card debt?

I have a garnishment for credit card bills affecting our joint savings account, which is funded by transfers from our joint checking account. Our checking account receives both Social Security Administration (SSA) payments for myself and my wife, along with my wife's payroll deposits. The... View More

James L. Arrasmith
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answered on Jun 18, 2025

If your savings account was frozen due to a garnishment and that account contains Social Security funds, you have rights under federal law. Social Security benefits are protected from garnishment by creditors, with very few exceptions—like federal debts or child support. This protection applies... View More

1 Answer | Asked in Immigration Law, Social Security and Public Benefits for Virginia on
Q: How to resolve passport renewal and SSN issue abroad as US citizen?

I'm an American citizen residing abroad who has never lived in the U.S. and only visited for vacations. My passport recently expired while I was in Cameroon, and the U.S. embassy requires my SSN for renewal. However, I don't have access to my SSN, and when I contacted the SSA, they... View More

James L. Arrasmith
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answered on May 26, 2025

Your situation presents a bureaucratic challenge that many Americans abroad face, but there are established procedures to resolve this circular dependency between passport renewal and Social Security Number requirements. According to U.S. law (26 USC 6039E), applicants for U.S. passports must... View More

1 Answer | Asked in Child Support, Public Benefits, Social Security, Tax Law and Family Law for Virginia on
Q: How can I recover a portion of my tax return offset for child support in Virginia given my disability and financial hardship?

I am currently experiencing financial hardship, and my tax return was offset by the Office of the Attorney General for child support. I am disabled with very limited resources, and I have been unable to cope financially since losing my former fiancé to suicide, which I'm discussing in... View More

James L. Arrasmith
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answered on May 14, 2025

I'm really sorry you’re going through so much. Losing your tax return to a child support offset while facing disability and financial hardship can feel overwhelming, especially with everything else on your plate.

If your tax return was intercepted for child support in Virginia, you...
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1 Answer | Asked in Child Support, Social Security, Family Law and Public Benefits for Virginia on
Q: Can I stop child support after daughter's college graduation in VA?

My daughter graduated from college on May 8, 2025, and is living independently without support from her mother. I am currently under a court order to pay $169 monthly in child support, deducted from my SSD payments. I also owe some back pay and have been making payments for the past 3-4 years.... View More

James L. Arrasmith
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answered on May 12, 2025

In Virginia, your child support obligations typically end when your child turns 18 or graduates from high school, whichever happens later. Since your daughter has now graduated from college and is living independently, you would generally no longer be required to pay child support under Virginia... View More

1 Answer | Asked in Social Security, Immigration Law, Tax Law and Public Benefits for Virginia on
Q: Undocumented person's tax return rejected due to wrong date of birth with Social Security.

I recently discovered that the Social Security Administration has the wrong date of birth for me, which caused my tax return to be rejected. I found out about this issue a month ago when I applied for my tax return and confirmed it with the Social Security office. Since I am undocumented, I have no... View More

James L. Arrasmith
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answered on Apr 1, 2025

Your situation presents a challenging intersection of tax compliance and immigration status. When the Social Security Administration (SSA) has incorrect biographical information for an undocumented individual, it creates complications for tax filing that require careful navigation. The request for... View More

1 Answer | Asked in Social Security for Virginia on
Q: Should we fire our lawyer?

I have applied for SSI on my sister’s behalf. We were denied and then we hired a law firm to appeal. They were not really attentive, I had to do most of the work by myself. I got my sister an evaluation. It seems we might get a positive evaluation. We are in the home stretch in terms of getting a... View More

James L. Arrasmith
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answered on Jan 21, 2025

Given your frustrating experience with this law firm, it's understandable that you're considering making a change. Their lack of attentiveness and misleading information about their location are valid concerns that would make anyone question the relationship.

However, since...
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1 Answer | Asked in Social Security for Virginia on
Q: I have a question about SSA, I am 64.5 years old can I take my social security now and make 75k a year. I guess my quest

Then the next year they would take it all cause I made to much money. What I am getting at is I could use that one year of payments to pay off debt and put me in a better financial position. Even if I lost it for the next 2.5 years. Hope this makes sense.I do not plan on quitting my job as long as... View More

James L. Arrasmith
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answered on Oct 6, 2024

At 64.5, you can begin taking Social Security benefits, but there are some important considerations. Since you're not yet at your full retirement age (FRA), which is likely around 66-67, your benefits will be reduced if you earn more than the annual earnings limit. In 2024, that limit is... View More

1 Answer | Asked in Social Security for Virginia on
Q: Can a jail deny an inmate phone time solely for not giving his social security number? (Virginia)
James L. Arrasmith
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answered on Sep 27, 2024

In Virginia, inmates generally have a right to reasonable access to phones, but that right can be restricted under certain circumstances. However, denying phone access solely because someone refuses to provide their Social Security number may raise legal concerns. The jail can restrict privileges... View More

1 Answer | Asked in Divorce and Social Security for Virginia on
Q: Can I force an ex-wife to file for spousal benefits under SS to offset equalization of existing benefits I pay monthly?

Our divorce decree mandates I pay an equalization amount to her monthly along with 50% of my Govt Retirement. I believe she has not filed so I have to pay her from my income (just the way she is)

James L. Arrasmith
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answered on Jun 15, 2024

You cannot legally force your ex-wife to file for spousal benefits under Social Security. Social Security benefits are a personal right, and the decision to file lies solely with the individual.

First, review your divorce decree to understand its terms and whether it includes any provisions...
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1 Answer | Asked in Social Security for Virginia on
Q: Need a trustable attorney to guide me going thru the process of obtaining my retirement benefits, without disability.
James L. Arrasmith
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answered on Apr 11, 2024

Here are some tips for finding a trustworthy attorney to guide you through the process of obtaining your retirement benefits:

1. Look for attorneys who specialize in retirement benefits, Social Security, or elder law. They will have the most relevant experience and knowledge.

2. Get...
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1 Answer | Asked in Social Security for Virginia on
Q: I have a joint account with my grandma. She's get ssi. Her son is mad I have it. Is her money my money? Technically?

I have a joint account with my grandma. She's in the nursing home. I also have poa too. But we share a joint bank account. I have used her ssi on a couple things but always pay her stuff first and what I use I put cash in a box towards her funeral so whatever money I use I'm putting cash... View More

Susan Michele Schaefer
Susan Michele Schaefer
answered on Aug 18, 2023

All the funds your grandma receives from SSI is all hers for basic subsistence and she must not have more than $2,000 in countable resources including savings to continue to be eligible. Technically, having power of attorney, or a joint bank account with the person who is receiving benefits is not... View More

1 Answer | Asked in Family Law, Child Support and Social Security for Virginia on
Q: I have a stepson whose father pays no child support because he is on ssi. is the child entitled to some of that ssi?
James L. Arrasmith
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answered on May 2, 2023

If the father of the stepson is receiving Supplemental Security Income (SSI) from the Social Security Administration (SSA), it is unlikely that the stepson would be entitled to any of that money directly. SSI is a needs-based program that provides cash assistance to people who are aged, blind, or... View More

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, https://www.ssa.gov/pubs/EN-05-10133.pdf.

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... View 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... View 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... View More

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