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Virginia Social Security Questions & Answers
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... View 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... View 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... View 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... View 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.

1 Answer | Asked in Social Security for Virginia on
Q: Do I have to report that check? and is there any chance it will affect the amount I receive from SSI?

I received a $900 check from a restitution payment that was owed to me 17 years ago. I used that money to purchase a car. The transmission went out on the car I had when I started receiving my SSI. I have the receipts to show that I purchased the car with the check. and papers proving what happened... View More

Jerry Lutkenhaus
Jerry Lutkenhaus
answered on Jun 24, 2016

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.

1 Answer | Asked in Social Security for Virginia on
Q: This is about SSI,can you write to a ALJ an see if he will change his Decision.

I have sent information to the appeals council,an they said no review i had a lawyer but he doesnt do civil action,I NEED HELP i have new evidence for my case i need to proceed,Thank's for any Help

Jerry Lutkenhaus
Jerry Lutkenhaus
answered on May 28, 2012

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... View More

2 Answers | Asked in Social Security for Virginia on
Q: Can I fire my SSDI representative and hire a new one?

He hasn't stayed in touch with me and when the SSDI people call his office for information regarding my case, he tells them to call me directly! I always get the answering service when I call his office and haven't spoke directly with him since June 2009...always have to speak to his... View More

Casey Lee Saunders
Casey Lee Saunders
answered on Jan 20, 2011

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...
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