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Cary Winslow’s Answers

167 total


  • I filed for social security disability. How much will my benefit be?

    Will it be the same as the estimate on my annual social security statement? My recent earnings for the past few years have been very low (under $5000 annually) since my disabling event at work. It used to be much higher. Is there any possibilit...

    Cary’s Answer

    Your monthly Social Security disability benefit payment in part is dependent on the onset date of your disability. An earlier onset date could possibly result in a higher monthly benefit rate. If your gross annual earnings have been under $5000 for the last few years, your period of disability arguably started a few years ago. (SSA currently considers gross monthly earnings of $1070 or more "substantial gainful activity." ) Someone at your SSA office (in Trenton) might be able crunch the numbers for you and help you determine what onset date works best for you. Remember, the onset date you choose has to be supported by the evidence.
    SSI (Supplemental Security Income) may also supplement the Social Security you receive, depending on what resources and other income you have. Currently, a single-member SSI household in New Jersey can receive up to $752.25. Your monthly Social Security income would reduce that amount dollar for dollar, except for the first $20.

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  • Supplemental Security Income Overpayments- procedures and arguments for waiver.

    A family member receives SSI and lives in a household of 3 with his 2 parents, with total expenses of $2000. SSA said he pays $788 towards household expenses, but did a "redetermination interview" in March 2014, and claimed that he told SSA that ...

    Cary’s Answer

    • Selected as best answer

    You generally have to appeal an overpayment determination within 60 days of your receipt of the overpayment notice. Late appeals can be allowed if good cause is shown. However, you can request waiver of recovery of an outstanding overpayment at any time. If the overpayment is under $1000, SSA will waive recovery so long as the recipient was without fault in causing the overpayment. Here's the waiver request form SSA uses:
    http://www.socialsecurity.gov/forms/ssa-632.html

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  • Should I hire a lawyer after being denied SSI for my 12 yr old son

    I got the notice today for the ALJ judge and it says unfavorable decision ! My son suffers from Hydromyelia ( T-8 to T-11) , ADHD.

    Cary’s Answer

    You should definitely consult with an attorney about your son's SSI case as soon as possible, as you have 60 days from the date you received the denial in which to appeal. Appeal would be to the Appeals Council. The Appeals Council reviews the judge's decision, the records the judge considered, and the testimony taken at the hearing, as well as any argument you may have as to why the judge's decision is wrong. No hearing is involved. The Appeals Council reviews the case to see whether the decision is based on substantial evidence and whether the judge's decision follows the law. If the Appeals Council grants review, it reverses the decision and either grants the case outright or returns the case to the judge for a new hearing. If the Appeals Council denies review, you still have a right to appeal the judge's decision to federal district court.
    Most attorneys who handle Social Security cases offer free consultations and charge a fee only if they win, usually 25% of retroactive benefits.
    When you see the attorney about your son's case, be sure to bring a copy of the judge's decision and the hearing CD to your appointment. The attorney will need these to determine whether you have a good case, whether you should appeal the judge's decision, or whether your son should just reapply for SSI.

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  • Social Security ?

    Hi my name is Rocio Vargas and I need some help here to help out a friend in need off her situation..She has a disability Multiblt Sclorosis and Spinal Stenosis and she has Social Security Income and her son seems to have the authorization to mana...

    Cary’s Answer

    Social Security appoints a recipient a representative payee when it determines that the recipient is not capable of managing the benefits she receives. For example, a representative payee may be appointment when the recipient has a history of alcohol or drug abuse and there is concern the money might be used for alcohol or drugs instead of for rent or food. Apparently, your friend's son is her representative payee. He receives her Social Security checks for her.
    Social Security presumes a recipient is capable of handling her own funds unless there are indicators or evidence to the contrary. The decision to appoint a representative payee or to appoint a particular person as a representative payee can always be re-examined. Here is the procedure, according the Social Security's policy manual (the POMS):
    https://secure.ssa.gov/apps10/poms.nsf/lnx/0200502055

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  • Does retroactive lump sum have to be paid back?

    Two years ago my son received a s.s. disability retroactive lump sum of $32,000.00. My exhusband had went on disability.I put some in a money market savings account and some in a checking account, under my name but in care of him because he is a m...

    Cary’s Answer

    These funds after they are returned should be reissued to your sone. See
    https://secure.ssa.gov/apps10/poms.nsf/lnx/0200603055

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  • Does ss disability allow the same for hourly workers as self-employed?

    If an hourly worker can make 1000 month and be on disability, is it the same for a self-employed person?

    Cary’s Answer

    SSA follows different procedures in determining whether a self-employed person is engaged in substantial gainful activity (SGA) and, therefore, not disabled or no longer disabled:
    https://secure.ssa.gov/apps10/poms.nsf/lnx/0410510010

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  • Can one still be employed and collect SSI?

    Are there income limits/maximums if one is still working?

    Cary’s Answer

    Yes, you can be employed, and, yes, there are income limits, as earnings are budgeted against SSI, which is a means-tested program. Here are the rules for SSI from SSA's Red Book: http://www.socialsecurity.gov/redbook/eng/ssi-only-employment-supports.htm

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  • My mother is receiving a settlement of 35K. Would receiving this amount affect her SSI benefit and medicaid status? here. e.g.,

    My mother is receiving a settlement of 35K. Would receiving this amount affect her SSI benefit and medicaid status? here. e.g.,

    Cary’s Answer

    SSI and Medicaid are means-tested programs. SSI has a $2000 on countable resources. Cash-in-hand is a countable resource, so a $35,000 settlement will likely make your mother over-resource and ineligible for SSI until her countable resources are at or below $2000. However, not all resources are counted by SSA toward the $2000 limit. The value of the house an SSI recipient owns and lives in, for example, is not a countable resource. Using the $35,000 on resources not counted by SSA is one way to regain eligibility for SSI (and concomitant Medicaid). Your mother should seek advice from a qualified Social Security or Elder Law attorney.

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  • How old are you when they stop your Dads benefits? My friend is 23 and she still gets her dads benefits she is disable and gets

    ssi as well! if she just wants to get ssi can she ask them to stop her dads desth benefits?

    Cary’s Answer

    Your friend is still receiving Social Security benefits from her deceased father's Social Security earnings record because she is a Disabled Adult Child. Here is more information on the program from SSA's website: http://www.socialsecurity.gov/dibplan/dacpage.shtml

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  • I received an inhertance from my son for 50,000 will this effect my ssi and do i have to pay taxes.

    My son died and left a substantial amount of money and no will but im listed as the POD does this effect my ssi and do i have to pay taxes on it.

    Cary’s Answer

    SSI is a means-tested program. An SSI recipient can only have up to $2000 in non-exempt resources. An inheritance of $50,000 would place you well over the resource cap, making you financially ineligible for SSI so long as you have non-exempt resources in excess of $2000. You may be able to re-qualify for SSI by using the inheritance money to purchase resources Social Security exempts from consideration when determining financial eligibility for SSI. See http://www.ssa.gov/ssi/spotlights/spot-resources.htm
    A Social Security attorney should be able to advise you how best to proceed.

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