Cary L. Winslow’s Answers

Cary L. Winslow

Princeton Social Security Lawyers.

Contributor Level 12
  1. Is unemployment compensation a benefit received under the Social Security Act

    Answered almost 6 years ago.

    1. Cary L. Winslow
    1 lawyer answer

    The legislation authorizing the unemployment compensation program can be found in the Social Security Act, as amended. That's why it's considered a benefit received under the Social Security Act. Other programs authorized under the Social Security Act include Social Security, Supplemental Security Income (SSI) and the old Aid to Families with Dependent Children (AFDC) program. Many of these programs were part of FDR's New Deal. Unemployment compensation originated in Wisconsin in 1932. For...

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  2. I am on SSI and just recently got a large settlement from an accident.Can I help family members with their bills too out of it?

    Answered about 5 years ago.

    1. Cary L. Winslow
    2. Theodore W. Robinson
    2 lawyer answers

    The settlement money is treated as income in the month of receipt. To the extent it is retained in the month after receipt, it is treated as a resource. https://secure.ssa.gov/apps10/poms.nsf/lnx/0500810010!opendocument To be eligible for SSI, an individual cannot have non-exempt, countable resources worth in excess of $2000. Your settlement money is a countable resource that needs to be spent down for you to remain eligible for SSI. Since 12/14/99, giving away a resource or transferring...

    5 people marked this answer as helpful

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

    Answered 5 months ago.

    1. Cary L. Winslow
    2. Lawrence Mark Malman
    3. Britt Justice Simon
    3 lawyer answers

    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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  4. How long can you vacation on SSI?

    Answered about 5 years ago.

    1. Cary L. Winslow
    2. Samantha J. Ball
    2 lawyer answers

    You're going to have problems. You will not be eligible for SSI benefits if you are outside the US for a full calendar month (30 consecutive days). Benefits will be suspended effective with the first full calendar month in which you are outside the US. Benefits will be resumed effective the day following the 30th day of continuous presence in the US after your return if the absence was for 30 consecutive days or more. 20 C.F.R. § 416.1327 Moreover, your eligibility for SSI is terminated...

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

    Answered 5 months ago.

    1. Cary L. Winslow
    2. Robert Scott Dufour
    3. Michael T Warshaw
    4. Dax Jordan Lonetto
    5. Linda A. Thomson
    5 lawyer answers

    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...

    1 lawyer agreed with this answer

  6. I am on Social Security Disabilty, but I want to go back to work. Do I have to go through the ticket to work program?

    Answered over 5 years ago.

    1. Cary L. Winslow
    1 lawyer answer

    No, you do not have to use Ticket-to-Work. You will still be entitled to a trial work period, the extended period of eligibility, etc. If you have been receiving Social Security disability for at least 24 months, your working will not by itself trigger review by SSA as to whether you are still disabled. (Similarly, a case is not reviewed for medical improvement while a person is using Ticket-to-Work.) Be sure to look at SSA's "Red Book," which is available on line: http://www.ssa.gov/redbook/...

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  7. Hra social services

    Answered about 5 years ago.

    1. Cary L. Winslow
    1 lawyer answer

    The Legal Services program serving your area should be able to assist you free-of-charge, particularly if eviction is imminent. Here's a list of LSNY offices, including those in Brooklyn: http://www.legalservicesnyc.org/index.php?option=com_content&task=view&id=46&Itemid=75

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  8. NJ SSI...retroactive payments

    Answered about 5 years ago.

    1. Cary L. Winslow
    2. Michelle Rene Gottesman
    2 lawyer answers

    Retroactive payments are paid in installments to encourage more prudent spend-downs. As you probably know, an SSI recipient is limited to $2000 in non-exempt resources. SSI recipients are given nine months following the receipt of a lump sum of retroactive benefits to spend down the lump sum to under the resource limit. (Owning excess resources makes you ineligible for any SSI.) It is somewhat easier to meet this spend-down if a large lump sum is broken down into smaller lump sum payments....

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  9. Was Awarded SSDI a few years ago. I didn't apply for SSI at that time. Can I apply for SSI now?

    Answered about 5 years ago.

    1. Cary L. Winslow
    1 lawyer answer

    Yes, you can still apply for SSI. You've already been found disabled by SSA because you are currently receiving SSDI. In New York, a person living alone can receive up to $761 a month in SSI. Just remember that whatever other income you receive each month will be budgeted against your SSI, as SSI is a means-tested (welfare-type) program. Your Social Security, for example, will be budgeted dollar-for-dollar (except for the first $20) against your SSI. For example, if you are receiving $500...

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  10. Social Security from my spouse

    Answered over 5 years ago.

    1. Cary L. Winslow
    1 lawyer answer

    You may be eligible for widow's benefits based on your late husband's Social Security record. Here are the eligibility requirements, which you appear to meet: http://www.socialsecurity.gov/OP_Home/handbook/handbook.04/handbook-0401.html Benefits would be paid six months retroactive to the month of application. https://secure.ssa.gov/apps10/poms.nsf/lnx/0200204030!opendocument

    1 person marked this answer as helpful