How may I change an order?

[sensitivetbman]

What is the name of your state? Virginia

The thing I am wanting to ask is, if a judge in 2010 told me I had to live with someone, how long does it take before I can change this so I can live in my own apartment? I am currently living in an assisted living facility about to turn into a residential facility but I am trying to get into my own apartment & the staff here say I have the ability & never knew why I came here in the first place. I have a place about to call me to update my application & they tell me when I can move in but I keep getting told by a family member that I have this statement by the judge I seen in 2010. If I do, how would I go about changing it so I may live alone? Also, I am currently receiving SSDI.

 

[Just Blue]

What is the name of your state? Virginia

The thing I am wanting to ask is, if a judge in 2010 told me I had to live with someone, how long does it take before I can change this so I can live in my own apartment? I am currently living in an assisted living facility about to turn into a residential facility but I am trying to get into my own apartment & the staff here say I have the ability & never knew why I came here in the first place. I have a place about to call me to update my application & they tell me when I can move in but I keep getting told by a family member that I have this statement by the judge I seen in 2010. If I do, how would I go about changing it so I may live alone? Also, I am currently receiving SSDI.

What is your disability?

 

[sensitivetbman]

Being controlled by medication: paranoid schizophrenia (even though I've never heard voices in my life) & petit mal epilepsy (which I've not had any since 2015). I've been told also before, after being on my medication for a long time, I'm able to be alone.

 

[adjusterjack]

Are you living with this family member? Who is the family member? Father, mother, aunt, uncle, sister, brother, grandparent, more distant.

Were you a minor in 2010? Are you over 18 now?

Was this family member awarded guardianship or conservatorship over you?

Does this person control your money?

Do you have a job, a license, a car, insurance?

Do you have a copy of the 2010 court order? If not, get it. Preferably get the whole case file. You might need to go to court to get out on your own and having a complete copy of your case file will provide helpful information to an attorney.

 

[sensitivetbman]

Are you living with this family member? Who is the family member? Father, mother, aunt, uncle, sister, brother, grandparent, more distant.

Were you a minor in 2010? Are you over 18 now?

Was this family member awarded guardianship or conservatorship over you?

Does this person control your money?

Do you have a job, a license, a car, insurance?

Do you have a copy of the 2010 court order? If not, get it. Preferably get the whole case file. You might need to go to court to get out on your own and having a complete copy of your case file will provide helpful information to an attorney.

Reply:
-I am living in an assisted living facility going to change to a residential facility. The person in question is my maternal grandfather's 2nd wife's daughter.

-I was 29 in 2010 & am 38 now

-She was only set as my representative payee but I am my own payee now.

-I do not have a job, license nor vehicle. As far as insurance, I have Medicaid & Medicare.

-No, I do not have a copy of anything except what SSA has on their files. I have been trying to find the files all around Winchester, VA where the hearing was but no luck. I tried asking the attorney's office that I had for it but he's since retired & has nothing.

 

[Janke]

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 your money, but then you could not be your own payee.

If this is truly just a suggestion from an SSA ALJ, then you don't have to follow it. SSA does not control where you live. Now if you were incarcerated, your benefits might stop while you were in jail, but other than that, SSA has no interest in where you live except where to send your mail.

Move if you want. And can afford it. Are you currently under doctor's care and on prescribed medication?

 

[sensitivetbman]

Are you living with this family member? Who is the family member? Father, mother, aunt, uncle, sister, brother, grandparent, more distant.

Were you a minor in 2010? Are you over 18 now?

Was this family member awarded guardianship or conservatorship over you?

Does this person control your money?

Do you have a job, a license, a car, insurance?

Do you have a copy of the 2010 court order? If not, get it. Preferably get the whole case file. You might need to go to court to get out on your own and having a complete copy of your case file will provide helpful information to an attorney.

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 your money, but then you could not be your own payee.

If this is truly just a suggestion from an SSA ALJ, then you don't have to follow it. SSA does not control where you live. Now if you were incarcerated, your benefits might stop while you were in jail, but other than that, SSA has no interest in where you live except where to send your mail.

Move if you want. And can afford it. Are you currently under doctor's care and on prescribed medication?

Yes I am on medications that I take daily & having OCD, I am one that wants to be early in line at this facility to get them. I am one that wants to keep up with all my medications. The facility here is really needing to be up to code, they are turning it from an assisted living facility into a residential by letting go the ones that can't do things for themselves & many of the young ones here are getting out of this place & me being 38 & being told I'm still young, I'm wanting to get out too. I have a place in Strasburg, VA for disabled people about to call me to move in. I am being told by the staff in the assisted living facility that I CAN do it & even some of my family members tell me I can. I'm just worried that my step-aunt is trying to do something to make me stay here. I know I can survive there since I know other people that live there too & it looked like a good place to go since there are 100 apartments in that place.