Virginia Social Security Questions & Answers
Q: My social security number was shared to over 350 employees in an email without my knowledge or consent. What can I do?
1 Answer
| Asked
in
Employment Law, Personal Injury, Identity Theft and Social Security
for
Virginia
on
Answered on Jan 7, 2018
Answered on Jan 7, 2018
Mr. Beau Correll's answer
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 employment rights. If I were you, I'd look for attorneys that focus on the latter because there are probably certain nooks and crannies to your particular case that a state tort attorney may pass over.
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 employment rights. If I were you, I'd look for attorneys that focus on the latter because there are probably certain nooks and crannies to your particular case that a state tort attorney may pass over.
Q: What if we never hear from Social Security?
F. Anthony Bullock's answer
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.
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.
Q: My mother opened a credit card in my name using my social security number. What can she do? Without pressing charges
1 Answer
| Asked
in
Criminal Law, Federal Crimes, Identity Theft and Social Security
for
Virginia
on
Answered on Dec 18, 2017
Answered on Dec 18, 2017
Bryan J. Jones' answer
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 you're not going to get any money from your mother if she doesn't have any in the first place. I don't recommend filing a lawsuit against your mother.
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 you're not going to get any money from your mother if she doesn't have any in the first place. I don't recommend filing a lawsuit against your mother.
Q: I've been collecting my deceased husband's SS since retiring, but I will get more when I turn 70, right?
Jerry Lutkenhaus' answer
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 is available. Perhaps, if you have not drawn under your own number, then your money under your own number will be higher than drawing under your husband's number.
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 is available. Perhaps, if you have not drawn under your own number, then your money under your own number will be higher than drawing under your husband's number.
Q: i need help getting my ssi. can u help?
Jerry Lutkenhaus' answer
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 do any of the jobs you did in the last 15 years. You must show your skills and education do not allow you to other jobs. You must show you are under medical treatment for your ailments and that your doctor's...
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 do any of the jobs you did in the last 15 years. You must show your skills and education do not allow you to other jobs. You must show you are under medical treatment for your ailments and that your doctor's...
Q: can l get social security disability at the age of 55 when your spouse is still working and you have a savings account
Jerry Lutkenhaus' answer
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.
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.
Q: I have rheumatoid arthritis, carpal tunnel & disc disease. I am still working. Should I quit working? I have a IRA also.
Jerry Lutkenhaus' answer
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.
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.
Q: My son in law is 35 years old with an extremely aggressive form of MS
Jerry Lutkenhaus' answer
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.
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.
Q: In the state of Virginia can child support be deducted from a social security disability check
Matthew Lane Kreitzer's answer
Generally speaking, social security is offset by your child support payments. Talk with a Family Law attorney for more information.
Generally speaking, social security is offset by your child support payments. Talk with a Family Law attorney for more information.
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
Peter Munsing's answer
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 account.Get a run showing what you had in and when to show the legal aid people.
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 account.Get a run showing what you had in and when to show the legal aid people.
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?
Peter Munsing's answer
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.
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.
Q: Do I have to report that check? and is there any chance it will affect the amount I receive from SSI?
Jerry Lutkenhaus' answer
SSI is welfare disability. If you have "income" from other sources, then it normally must be reported. You are right. You are allowed to have one car. If you have further questions, you may want to contact legal aid in your area.
SSI is welfare disability. If you have "income" from other sources, then it normally must be reported. You are right. You are allowed to have one car. If you have further questions, you may want to contact legal aid in your area.
Q: This is about SSI,can you write to a ALJ an see if he will change his Decision.
Jerry Lutkenhaus' answer
If you have lost your claim before the Judge, then the right thing to do was to appeal to the Appeals Council. If the Appeals Council denies your claim, the next step is to file an appeal in the US District Court. It appears you are at that stage. If you cannot get an attorney to take the appeal you can start a new SSI claim. However, you will need new medical evidence that was not previously considered by the Judge. For the appeal to US District Court your new evidence may not be considered if...
If you have lost your claim before the Judge, then the right thing to do was to appeal to the Appeals Council. If the Appeals Council denies your claim, the next step is to file an appeal in the US District Court. It appears you are at that stage. If you cannot get an attorney to take the appeal you can start a new SSI claim. However, you will need new medical evidence that was not previously considered by the Judge. For the appeal to US District Court your new evidence may not be considered if...
Q: Can I fire my SSDI representative and hire a new one?
Casey Lee Saunders' answer
Dear Sir or Madam:
Of course you “can” fire your SSDI attorney, however, generally the question is really “should” you fire your representative. I often field calls from potential clients wanting to fire their SSDI attorney and hire me. What I generally find is that they are actually frustrated with the delays involved with the Social Security Disability process itself, and feel the attorney is “not doing enough.”
I would urge you to take a look at your situation,...
Dear Sir or Madam:
Of course you “can” fire your SSDI attorney, however, generally the question is really “should” you fire your representative. I often field calls from potential clients wanting to fire their SSDI attorney and hire me. What I generally find is that they are actually frustrated with the delays involved with the Social Security Disability process itself, and feel the attorney is “not doing enough.”
I would urge you to take a look at your situation,...
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