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SSI Appeal
It is highly possible that both and SSI and an SSDI claim were being evaluated. Separate letters are sent. If there is no notice with the title Supplemental Security Income on the letterhead, then it is not an SSI denial letter. I am actually happy to know that SSA took a second look at the...- Janke
- Post #9
- Forum: Social Security Disability / SSI Law
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SSI Appeal
If your brother's case is still at the first appeal level, the reconsideration, I would encourage you to become much more proactive in the appeal. First thing you need to do is get a CD copy of the file and read the whole thing. I am quite surprised that your brother would be denied, based on...- Janke
- Post #6
- Forum: Social Security Disability / SSI Law
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Social security disability and spousal support.
Twelve years from now, when you are 62 and if 1/2 of his is higher than yours. Age 60 if he is deceased and his is higher than yours. Age 50 if he is deceased and you are disabled and his is higher than yours.- Janke
- Post #5
- Forum: Social Security Disability / SSI Law
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Will me being a beneficiary of my moms holee life insurance hurt my benefits
https://secure.ssa.gov/poms.nsf/lnx/0500830545 "Death benefits provided to an individual are income to such individual to the extent that the total amount exceeds the expenses of the deceased person's last illness and burial paid by the individual. Last illness and burial expenses include...- Janke
- Post #7
- Forum: Social Security Disability / SSI Law
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SSI and Inheritance??
Almost no possible way. Unlikely that an inheritance would be excluded Now, if the deceased had previously set up a special needs trust that meets all of the SSI requirements for exclusion (quite complicated)the money might not count, but it may cost thousands of dollars in legal fees, the...- Janke
- Post #3
- Forum: Social Security Disability / SSI Law
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How may I change an order?
A Social Security Administrative Law Judge does not have ANY authority to order you to live either alone or with someone else. That is a false statement. You could have a conservatorship appointment made by a Superior Court Judge and that conservator could have control over your person and...- Janke
- Post #6
- Forum: Social Security Disability / SSI Law
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SSI eligibility - No income/No work history in US - can I apply for SSI
You cannot file online for him. He can be interviewed in a local office with you by his side and a telephone translator, if needed. He may need to supply documents to support his statements about age, citizenship, assets, income, living arrangements.- Janke
- Post #7
- Forum: Social Security Disability / SSI Law
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Purchasing a car while on SSI
https://secure.ssa.gov/apps10/poms.nsf/lnx/0500830520 A gift of a car is not income as long as she only owns one car at a time. So you would have figure out what is going to happen to the old car first. Junking it is an option.- Janke
- Post #6
- Forum: Social Security Disability / SSI Law
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A family member has resource in overseas banks but it is under litigation
What is your proof? What can you submit? How can SSA determine if your evidence is even valid? How long will her assets be tied up? How much is she worth? Some non-citizens can get SSI. Most cannot. Anyone can apply. Not everyone who applies will be approved.- Janke
- Post #3
- Forum: Social Security Disability / SSI Law
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SSDI repayment
SSDI no. SSI absolutely. And they will eventually find out even if you don't tell them.- Janke
- Post #3
- Forum: Social Security Disability / SSI Law
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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...- Janke
- Post #14
- Forum: Social Security Disability / SSI Law
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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...- Janke
- Post #9
- Forum: Social Security Disability / SSI Law
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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...- Janke
- Post #6
- Forum: Social Security Disability / SSI Law
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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...- Janke
- Post #8
- Forum: Social Security Disability / SSI Law
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Will being diagnosed by an NP hurt my chances? Do I even have a case?
Also interview more lawyers.- Janke
- Post #5
- Forum: Social Security Disability / SSI Law
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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...- Janke
- Post #5
- Forum: Social Security Disability / SSI Law
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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...- Janke
- Post #10
- Forum: Social Security Disability / SSI Law
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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...- Janke
- Post #5
- Forum: Social Security Disability / SSI Law
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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.- Janke
- Post #3
- Forum: Social Security Disability / SSI Law
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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...- Janke
- Post #22
- Forum: Social Security Disability / SSI Law
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