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Virginia Social Security Questions & Answers
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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