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 about 5 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...

    9 people marked this answer as helpful

  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 over 4 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...

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  3. How long can you vacation on SSI?

    Answered over 4 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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  4. 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 almost 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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  5. Hra social services

    Answered over 4 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

    1 person marked this answer as helpful

  6. NJ SSI...retroactive payments

    Answered over 4 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....

    1 person marked this answer as helpful

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

    Answered over 4 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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  8. Social Security from my spouse

    Answered over 4 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

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  9. Should I have A lawyer for social security disability to make sure I do not get denied ?

    Answered almost 5 years ago.

    1. Cary L. Winslow
    2. Paul J. Morgan
    3. Theodore John Koban
    4. Stanley Dale Radtke
    4 lawyer answers

    Many Social Security claimants attorneys offer free initial consultations. You may want to explore this, so that you can make an informed decision on whether you will need an attorney. Many attorneys handle Social Security cases on a contingency fee basis: 25% of past due benefits or $6000 whichever is LESS. SSA will need to approve the attorney's fee. There are advantages to having an attorney early on advocate for you and assist in the development of your claim, and in not relying solely...

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  10. Whats my chances of geting my social security disability if I have to go to federal court to sue social security.

    Answered almost 5 years ago.

    1. Cary L. Winslow
    1 lawyer answer

    Unfortunately, you don't give enough information about your case for me to provide more than some general thoughts. A federal court can only reverse an unfavorable ALJ decision if the decision is either (1) not supported by substantial evidence in the hearing record or (2) based on errors of law. Sometimes a federal court will also send a case back to Social Security to consider new, material evidence if there is good cause for the evidence not being submitted earlier. The federal court...

    1 person marked this answer as helpful