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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

    Social Security Special Earnings Limit Rule

    It is true that the monthly earnings test applies for the first year of retirement if he is under FRA and not the annual earnings test. Happens to lots of people since most don't retire on 12/31. So I agree this sounds like an error. If he has a contact in his local office from his initial...
  2. J

    Social Security Widow's Benefits

    Short answer is yes. An application must be filed. She may need to provide all marriage certificates and divorce decrees of any prior marriage as well as death certificates. Is her own benefit currently less than 1/2 the husband? She might be able to get the difference now after filing a...
  3. J

    If somone else pays my debt off would it affect my SSI/SSDI?

    Income would be any money you received that you could use for food or shelter or payment of any food or shelter items. So as long as this debt was not for food or shelter items, and it never goes into your hand (or bank account), it is not income for SSI. And doesn't matter at all for SSDI...
  4. J

    SSI Benefit Owe $4000 Decision and Advice

    I am not a lawyer but I do have 28 years experience as an SSI Claims Representative. SSI considers free food and shelter to be a form of unearned in-kind income and it reduces the amount SSI can pay. Acronym ISM. It can be very complicated. Although it is rarely considered, payment of...
  5. J

    Is a lawyer needed to file for disability?

    There is no simple answer for your questions. 1. A lawyer is not required ever. A lawyer may not even do much work for a claim at the initial level and the reconsideration level for a variety of reasons. One is that a lawyer is paid up to 25% of retroactive benefits (some call it back pay)...
  6. J

    A letter from ssa about computer matching program

    The simple answer is that, as an SSI recipient, the value of your home and the land it sits on is excluded from the $2000 resource limit for SSI. When it was sold and converted to cash and deposited into a bank account, it became a countable resource. And over the SSI limit. So SSI is stopping...
  7. J

    SSI Funds are being abused and being manipulated held back from being my own representative payee

    And, if you are incarcerated for a period of a calendar month, you are not eligible for SSI for that month or until the day you get out of jail, prorated at an already reduced amount. Doesn't matter if you have to pay rent and other bills. Hope you get through this without too much fallout.
  8. J

    SSI Funds are being abused and being manipulated held back from being my own representative payee

    There should be a bonded representative payee agency that services your particular zip code. Your local office can provide a list or give you a phone number or two (or more if you are in a larger metro area). While you are in this interim period, one of the first priorities would be to get your...
  9. J

    How do I gain control of my SSDI?

    Do you have a treating doctor? What does the doctor say about managing your own money? There is a form that your doctor can complete, SSA 787, which you can use when you apply to be your own payee. Do you have other caring family members or friends who are willing to take on this job? There...
  10. J

    State supplement to SSI?

    https://secure.ssa.gov/apps10/poms.nsf/lnx/0501415052 You have to move to a state that pays state supplemental payments. Not all states do.
  11. J

    SSI Funds are being abused and being manipulated held back from being my own representative payee

    There are businesses, payee agencies, that will manage your money and be your rep payee for a small monthly fee. These payee agencies are bonded and insured and are routinely audited. They will put you on a budget. Generally they write a check for the rent and then give you spending money...
  12. J

    SSDI - Wages vs Income

    Think about it like this. In order to get wages, you have to get an employer to pay you for work you do for the employer that the employer decides is valuable, so they pay you do perform this service for them. In other words, you work. To get unemployment, you provide nothing of value to an...
  13. J

    Getting full control of my SSDI

    The SSA form is an SSA 787, Statement of Capability. It makes no sense that one program has a rep payee and the other doesn't. You either need a payee or you don't. That needs to be corrected. Hopefully, your treating doctor agrees with you. If the doctor completes the form, you can take it to...
  14. J

    SSI Appeal

    SSI payment are based on the living arrangement in the effective month. Any month in which someone was in a medical facility throughout a calendar month and Medicaid paid more than 50% is subject to the $30 cap. Other months are not. Payment for past months are based on living arrangements and...
  15. J

    SSI Appeal

    I can't remember if you said he had both an SSDI and an SSI claim pending. I hope so. Trying to make a decision for the SSDI was going to be a problem, but it is POSSIBLE for DDS to make a presumptive finding of SSI disability beginning with right now, which will pay him SSI for the next six...

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