Social Security Legal Questions

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180 legal questions have been posted about social security by real users. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include social security disability. All topics and other states can be accessed in the dropdowns below.
Social Security Questions & Legal Answers - Page 5
Do you have any Social Security questions page 5 and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 180 previously answered Social Security questions.

Recent Legal Answers

Must a large sums of SSA always be in a dedicated account

Answered 11 years and a month ago by attorney Stephen S. Mazzei   |   1 Answer   |  Legal Topics: Social Security
Based upon your inquiry, the money is the funds due to your daughter as a minor dependent child of her father.  If your duaghter is still a minor, then you are the custodian of those funds for her benefit.  This is a very nebulous term.  The money should be held in a separate account and you should keep a record as to how the funds are spent -- keep receipts.  When your daughter turns 18, the funds are hers with no restrictions. As long as the funds are spent for her benefit and well-being, there are no restrictions.  These funds have nothing to do with disability and are akin to child support.... Read More
Based upon your inquiry, the money is the funds due to your daughter as a minor dependent child of her father.  If your duaghter is still a... Read More
Yes-youshould be able to collect any life insurance benefits that would be due to the children.  If they are under age 18 they may also be entitled to Social Security benefits. 
Yes-youshould be able to collect any life insurance benefits that would be due to the children.  If they are under age 18 they may also be... Read More

I worked abroad in 1996-2000 and that income is missing from Social Security.

Answered 11 years and 6 months ago by attorney Diana L. Anderson   |   1 Answer   |  Legal Topics: Social Security
You can request copies of your old tax returns from the IRS.  go to the IRS website - there are forms you will need to fill out requesting a copy of an old return or returns.  You may need to make an apointment with your local Social Security Adminsintration office and physically take the ftaxx returns to the office in order to get your Social Security corrected.... Read More
You can request copies of your old tax returns from the IRS.  go to the IRS website - there are forms you will need to fill out requesting a... Read More

Ive recently found out that Ive been a victim of Identity theft since 1996.

Answered 11 years and 7 months ago by attorney Diana L. Anderson   |   1 Answer   |  Legal Topics: Social Security
This isn't really something a lawyer can help you with.  I think you would be better off trying some different things, if you haven't already.  There are some really good websites listing the things that you should do if you are the victim of identity theft.  there are also companies that will help you secure your identity, for a fee.  That would be a better use of your money then hiring an attorney, unless you know the person that stole your identity. ... Read More
This isn't really something a lawyer can help you with.  I think you would be better off trying some different things, if you haven't already.... Read More

am i eligible for disability

Answered 11 years and 8 months ago by attorney Lyle Brian Masnikoff   |   1 Answer   |  Legal Topics: Social Security
You may be entitled to receive either SSDI or SSI benefits from the Social Security Administration but it is difficult to make that determination without gathering all the facts of the case.  We would be happy to speak to you in more detail. Please call me for a FREE consultation at (877)817-4127. Please view our website for more information: http://workerscompfl.net/services/workers-compensation Sincerely, Lyle B. Masnikoff, Esq.Law Offices of Lyle B. Masnikoff & Associates, P.A.1645 Palm Beach Lakes Blvd. Suite 550West Palm Beach, FL 33401Phone: (561)598-7120Fax: (561)598-7127Website: www.workerscompfl.net Email: lmasnikoff@workerscompfl.net Offices also located in Fort Lauderdale and Orlando. The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before you decide, ask us to send you full written information about our qualifications and experience.... Read More
You may be entitled to receive either SSDI or SSI benefits from the Social Security Administration but it is difficult to make that determination... Read More

Can I reduce the amount of ss overpayed to me while working

Answered 11 years and 8 months ago by Ms. Lisa L. Lanier (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Social Security
Dear Anonymous, The overpayment will likely remain at its current amount, but you can ask that it be repaid in very small monthly amounts. In some cases, they will accept as little as $25 per month in a repayment plan. However, if you enter into a plan with them, you MUST remain current in your payments or it will void your payment plan and they will request repayment in full within 30 days. Your unemployment status does not change the amount of the Social Security benefits you received. This response does not form an attorney-client relationship, nor should it replace a full consultation with an attorney. Please be advised we cannot give full and complete legal advice without further information that is not capable of being conveyed in this format. If you would like to receive a free consultation regarding your possible legal matter, please feel free to call us at 855-234-7619.... Read More
Dear Anonymous, The overpayment will likely remain at its current amount, but you can ask that it be repaid in very small monthly amounts. In some... Read More

need to know if my father qualifies for back pay since he waited 2 yrs before he received his SS benefits and continued to work?

Answered 11 years and 8 months ago by Ms. Lisa L. Lanier (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Social Security
Dear Ms. Flores, No claimant is eligible to receive back pay for those months in which they are engaged in what the SSA refers to  as "Substantial Gainful Activity" -- which means months in which your father earned more than very minimal wages. You can access the chart for wage thresholds on the ssa.gov website. If your father earned enough to be paying taxes, then he was likely gainfully employed by their standard. This response does not form an attorney-client relationship, nor should it replace a full consultation with an attorney. Please be advised we cannot give full and complete legal advice without further information that is not capable of being conveyed in this format. If you would like to receive a free consultation regarding your possible legal matter, please feel free to call us at 855-234-7619.... Read More
Dear Ms. Flores, No claimant is eligible to receive back pay for those months in which they are engaged in what the SSA refers to  as... Read More
It is not clear why you need a lawyer. You indicate you are on Social Security but you have appealed the decision. If you are on Social Security, then why do you need a lawyer. You would need to provide more information about your current dispute. Most lawyers take Social Security cases on a percentage basis. This means if they win their fee is 25% of the benefits they win for you. However, if you are already on Social Security, it is unclear what you are trying to do and what you can win. This is probably why no lawyer will take your case. ... Read More
It is not clear why you need a lawyer. You indicate you are on Social Security but you have appealed the decision. If you are on Social Security,... Read More

How can a disabled person get a replacement SS card without visiting the SS office?

Answered 12 years and a month ago by Michael J. Haller, Jr. (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Social Security
The following information is on the website at social security www.ssa.gov  You can replace your Social Security card for free if it is lost or stolen. However, you may not need to get a replacement card. Knowing your Social Security number is what is important. You need a Social Security number to get a job, collect Social Security benefits and receive some government services but you do not often need to show your Social Security card. If you decide that a card is necessary, go to this link https://faq.ssa.gov/ics/support/kbanswer.asp?deptID=34019&task=knowledge&questionID=1944  The Social Security Administration has set forth simple, detailed instructions to follow.  Any originals that you submit by mail will be returned. PLEASE NOTE the following: An attorney-client relationship is not being established because of the information provided above; an in person consultation is always best when you have a legal problem; DO NOT RELY on information for a legal remedy without having contacted a lawyer; facts and circumstances of every case have to be applied to the law that is relevant for the state or location in question; NEVER rest on a right or defense you may have - legal rights are not like wine - they don't improve with age or time time limits can completely prohibit recovery; TO SEEK LEGAL ADVICE IMMEDIATELY go to http://goo.gl/cf1UM to find someone in your state.  Be sure to visit my website for answers to other Social Security Disability questions. http://haller-law.com/faq  ... Read More
The following information is on the website at social security www.ssa.gov  You can replace your Social Security card for free if it is lost or... Read More

what will happen if the law became involved?

Answered 12 years and 4 months ago by attorney Diana L. Anderson   |   1 Answer   |  Legal Topics: Social Security
You indicated his parents are his trustee, not his guardian.  If he is receiving SSI - then maybe his parents are his representative payees, and he can always change that.  If he is competent and able to make his own decisions, then he needs to be allowed to go.  If he is not, then his parents can step in.... Read More
You indicated his parents are his trustee, not his guardian.  If he is receiving SSI - then maybe his parents are his representative payees, and... Read More

I applyed for social security benifits and was denied what can i do next

Answered 12 years and 6 months ago by Mr. Richard Alan Alsobrook (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Social Security
You do not mention at what stage of the process you were denied benefits.  Therefore, I cannot give you any insight into what your options are.  The Social Security Administration usually sends letters detailing what your options are should you be unhappy with the conclusions of the agency.  You need to read over any letters sent to you from the SSA.  You may want to consult a local disability attorney because a local attorney can review your case and assist in any appeals and/or hearings.  SSI and SSD cases before an ALJ or appeals can be nuanced and an experienced attorney may be able to increase your likelihood of success.  Most disability attorneys offer a free initial consultations. This is not intended to be legal advice, and is general in its nature. No attorney-client relationship exists or is formed by this information. Furthermore, this does not represent the views or opinions of LexisNexis or its affiliated companies.... Read More
You do not mention at what stage of the process you were denied benefits.  Therefore, I cannot give you any insight into what your options are.... Read More

social security disability

Answered 12 years and 7 months ago by attorney Diana L. Anderson   |   1 Answer   |  Legal Topics: Social Security
I think you are talking about Social Security Disability, not Social Security.  If you are found to be disabled and eligible to receive SSD, that has nothing to do with a CDL which is issued by the state in which you live.   
I think you are talking about Social Security Disability, not Social Security.  If you are found to be disabled and eligible to receive SSD,... Read More

I hacked i site

Answered 12 years and 8 months ago by attorney Diana L. Anderson   |   1 Answer   |  Legal Topics: Social Security
Whether or not you are under age 18 is irrelevant.  If you did something illegal in accessing their site, they could potentially charge you as a violation of a federal statute.  If you are in New Jersey and the company is in New York, it becomes a federal crime as opposed to a state crime because the parties are in different states. there is a specific division within the FBI that was created to address this type of crime, and unauthorized access to a protected site is a crime.  The potential claim against you is going to depend on what type of site you hacked. ... Read More
Whether or not you are under age 18 is irrelevant.  If you did something illegal in accessing their site, they could potentially charge you as a... Read More

How come someone cant get an atty to represent them if they owe back child support and has applied for social security disability?

Answered 12 years and 8 months ago by Mr. James R. Linehan (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Social Security
Yes that is true.  If your friend owes any state or federal debts (child support, taxes, student loans, etc) he will not likely find any representation.  That is because the government will basically take money out of the representative's pocket to pay off those personal debts of your friend. Fair or not this is the way it is; the government demands that your friend pay off his debts first otherwise he will find it very difficult or impossible to find help on his SSA claim.... Read More
Yes that is true.  If your friend owes any state or federal debts (child support, taxes, student loans, etc) he will not likely find any... Read More

suspension of social security benefits

Answered 12 years and 9 months ago by Michael J. Haller, Jr. (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Social Security
No suit as you have described to my knowledge.  It is the law of the land and it sounds as though it has been properly applied to your circumstances. I respectfully decline your invitation to join in your challenge of SSA.
No suit as you have described to my knowledge.  It is the law of the land and it sounds as though it has been properly applied to your... Read More

Hadpart of my foot amputated Im on ssi am I eligible for more benefits?

Answered 12 years and 9 months ago by Michael J. Haller, Jr. (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Social Security
If your benefits only are Supplemental Security Income, more benefits from Social Security Administration are not available. However, it would be important to check on any State or County benefits in your state.  You may wish to call 211 or go to Link
If your benefits only are Supplemental Security Income, more benefits from Social Security Administration are not available. However, it would be... Read More

I am 30 and my son is 13 I had my son at 17 and his father was also 17 but his father died in a motorcycle wreck 2 months before he was born

Answered 12 years and 9 months ago by Philip R. Fabrizio (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Social Security
Dad has no credits so he has no survivor benefits for his child  
Dad has no credits so he has no survivor benefits for his child  

survivor benefits

Answered 12 years and 10 months ago by Philip R. Fabrizio (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Social Security
Does not matter how many wives or kids.  As long as kids are under 18 (and decedent paid enough money from his pay checks to qualify for SS) they all get the same amount.    Widows don't qualify for anything unless they are retirement age or between 50 and 60 and disabled.  Young widows don't get social security, but the kids under 18 do.  ... Read More
Does not matter how many wives or kids.  As long as kids are under 18 (and decedent paid enough money from his pay checks to qualify for... Read More

mY HUSBAND DIED IN A FATAL ACCIDENT

Answered 12 years and 10 months ago by Philip R. Fabrizio (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Social Security
A widow can get disability benefits after age 50 and retirement benefits after 62.  Children can get benefits until they are 18, or longer if they are disabled.  
A widow can get disability benefits after age 50 and retirement benefits after 62.  Children can get benefits until they are 18, or longer if... Read More

what si normal retirement age

Answered 12 years and 10 months ago by Michael J. Haller, Jr. (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Social Security
Don't you mean "full retirement age."  Re-read the document as it is important to your benefits.  The Social Security Administration website says this: "Full retirement age is the age at which a person may first become entitled to full or unreduced retirement benefits."  Based upon the year of your birth go to this link to determine your full retirement age.... Read More
Don't you mean "full retirement age."  Re-read the document as it is important to your benefits.  The Social Security Administration... Read More

i want to get remarried but will i lose my ssi

Answered 12 years and 10 months ago by Michael J. Haller, Jr. (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Social Security
By definition, SSI (Supplemental Security Income) benefits are based on assets.   The facts of each case are different.  The income and resources of the person you intend to marry will likely have an effect on your benefits.  Consulting with someone in your area is recommended to know for sure.  Click here to find someone near you.... Read More
By definition, SSI (Supplemental Security Income) benefits are based on assets.   The facts of each case are different.  The income... Read More

My uncle past away about 4 years ago, my aunt wishes to claim SS survivor benifits. Aunt lives outside country and govt won't help. What can she do?

Answered 12 years and 10 months ago by Michael J. Haller, Jr. (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Social Security
In the situation you describe, an attorney may be a wise choice.  Go to the top of this page and choose "Find a Lawyer" for someone nearby.  This link may provide helpful information from SSA's website about applying for Social Security Survivor Benefits. Unfortunately, these benefits can not be applied for online.... Read More
In the situation you describe, an attorney may be a wise choice.  Go to the top of this page and choose "Find a Lawyer" for someone... Read More
Yes, in certain circumstances.  Contact the your local SSA office by clicking this link.
Yes, in certain circumstances.  Contact the your local SSA office by clicking this link.

I am receiving social security

Answered 12 years and 10 months ago by Michael J. Haller, Jr. (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Social Security
If you don't meet the definition of widow(er) you are not going to be eligible. See this link for SSA's description.
If you don't meet the definition of widow(er) you are not going to be eligible. See this link for SSA's description.

Social Security

Answered 12 years and 10 months ago by Michael J. Haller, Jr. (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Social Security
Anytime you have hired an attorney, you should report to them or their supervisor if you are not completely satisfied with the service you have received.  I recommend that as your first step. If your hearing has been held and you don't have a decision, do what I have suggested above and wait for the decision.  If it is favorable, you worried for nothing.  If not, you have options.... Read More
Anytime you have hired an attorney, you should report to them or their supervisor if you are not completely satisfied with the service you have... Read More