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Recent content by Janke

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

  1. J

    SSDI repayment

    SSDI no. SSI absolutely. And they will eventually find out even if you don't tell them.
  2. J

    Getting a deceased family member's social security years after the fact

    A widow or widower can potentially qualify as early as age 60 or 50 if disabled. Annual earnings test matters through full retirement age, currently 66. The deceased has to have paid enough years under Social Security to be "insured", generally a full ten years or 40 quarters. Some government...
  3. J

    Most I can expect form SSDI when using parents work history

    That is part of the problem. The first S in SSI stands for Supplemental. You don't get to add to the supplement. The supplement is reduced by your other income sources. If the parents had substantial earnings over substantial years, then the CDB can be substantial. It can also be small if...
  4. J

    collecting on spouse's SS

    You cannot qualify on a spouse's record if the spouse is not entitled to benefits or deceased. So if your living spouse has not yet been approved for a retirement or disability claim, you cannot qualify for anything on the spouse's record. Once the spouse reaches retirement age and files a claim...
  5. J

    Wife died - who should receive benefits?

    The Annual Earnings Test applies for mothers and fathers benefits for child in care just as it applies to early retirement or early widower's (pre-full retirement age). In 2019 it is $17,640. https://www.ssa.gov/OACT/COLA/rtea.html $50,000 in earnings would probably reduce any father's...
  6. J

    New job after having received social security for 4 months

    This "quirk" is called the Retirement Earnings Test. In the years under full retirement age, the exempt earnings amount for 2019 is $17,040. In the year of full retirement age, the exempt earnings for 2019 is $46,920. In the years after full retirement age, all earnings are exempt. In the first...
  7. J

    Autistic son and his SSI

    https://secure.ssa.gov/apps10/poms.nsf/chapterlist!openview&restricttocategory=05 Here is a link to a part of the employee manual called POMS. However, for some reason I cannot explain, the entire chapter on Resources Chapter 011, is missing. Makes no sense to me. But there are instructions in...
  8. J

    Autistic son and his SSI

    A fix? Well, anyone who has excess resources can spend them down to get to the $2000 resource level. He can pay for room and board, he can purchase household goods or personal effects for himself, he can pay for his personal spending needs. He can't give away excess resources in order to...
  9. J

    Autistic son and his SSI

    You can pursue an appeal, even up to the ALJ, but you are the one who created the problem by putting his money into a third party trust, effectively creating a mixed trust. I don't think saying "oops" at this point is going to fix it.
  10. J

    ssdi

    You didn't address my comment. What part of the written ALJ decision was not followed by SSA? And how do you know? You also say there are errors. If these errors were corrected, would the change be so significant that the decision would change? Or are there errors in minor details? I still...
  11. J

    ssdi

    The decision is written. Anything the ALJ might have said in your hearing doesn't matter if it is not in the written decision. Written, not spoken. What he might have said is not part of the official decision if it is not in writing.
  12. J

    ssdi

    The ALJ chose an onset date and a specific application date. That is in the ALJ award notice. No lower office can change either the onset date or the application date. So, if the ALJ did not address it in the written decision and you did not appeal it, it will not be reopened.
  13. J

    Ssi overpayment

    Your refund/remittance has to clear through the US Treasury before SSI will remove the decision to collect the overpayment through check recovery. So SSI is always behind on fixing this. You should call your local office and ask to speak to someone who knows how to resolve this. Not all...
  14. J

    What is considered my fair share of rent?

    It is actually not vague. There are many pages of instructions that apply to living arrangements. Roommates split expenses using a pro-rata share. Two people in an apartment, each should be paying 1/2. You probably cannot afford to pay 1/2 of $1500 and utilities and buy food. If you are...
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