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Felice Adrienne Brodsky's Answers
- 70 Legal Answers
- 0 Legal Guides
1
Attorney answers:
Can a creditor garnish social security benefits
No, generally not. The US Government can do it for student loans or back taxes, or former overpayments from the Social Security Administration, and they will handle collecting back child support, but for credit cards or other private debts, Social Security can not be garnished.
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1
Attorney answers:
If you are receiving Social Security and win the lottery or any money or prizes from contests does it affect your SS payment.
No, it doesn't. Social Security is not needs based, so you can win a million dollars and still collect. Social Security runs another program, SSI, which is effected by income or assets. But as I tell my clients, you can be Donald Trump, and if you have paid into Social Security long enough, you can get your benefits without any reductions (except if you work prior to full retirement age). So good luck!
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2
Attorney answers:
Social security for a surviving spouse
The previous answer was not quite correct. You only need to be married one year (and there are exceptions to this rule) if you want to collect on your husband's record. The 10 year rule pertains to getting benefits as a DIVORCED spouse. If currently married, when he dies, you are entitled, presuming you meet other requirements such as age. To collect as a disabled widow or widower, one needs to be 50 years old and disabled within 7 years of a spouse's death (and there are other exceptions...
9 people marked this answer as helpful
2
Attorney answers:
Can a non-resident alien with good social security number apply for social security benefits?
Even without a Totalization Agreement, you can probably get benefits, since you lived and worked in the United States for over ten years. If you are still in the United States, you may apply at your local Social Security office. If outside the United States, you would contact the closest US Embassy or consulate. There are exceptions to the above depending on where you live, but most people who legally worked in the US for at least ten years qualify for benefits, even if they have returned to...
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1
Attorney answers:
Can you legally collect Unemployment while waiting for approval for Disability?
This is always a tricky area. Often Administrative Law Judges ask people if they have collected unemployment, and then look unfavorably on them if they say yes. The problem is, you are telling Social Security that you are too disabled to work for at least a year, and you are telling unemployment that you are ready, willing and able to work, and that you are looking for a job. See the catch here? This effects the determination a judge must do to discuss a person's credibility. My advise to...
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1
Attorney answers:
What is a citation received from the administration dept. of surrogate court in NY state
Letters of Administration are issued when the deceased left no will, or there is no named executor. The citation gives you the opportunity to appear if you do not feel your sister should be the one managing the division of the estate assets. It does not mean that she gets everything your father had, just that she would be the one to do the business of paying all bills and distributing any remaining assets in the fashion laid out by the law, if there is no will to provide guidance. If you do...
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1
Attorney answers:
Socal security benefits
As a widow, you would be entitled to benefits on his record at age 60. If you were totally disabled, you could file from 50 to 60 (with some restrictions), but I assume you are not if you are getting unemployment, since that implies you are willing and able to work. Contact Social Security to get the exact figures on your widow's benefits. If you collect them at 60 and switch to your own at your full retirement age of 66, you would get an unreduced benefit on your own record. Social...
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2
Attorney answers:
Can someone collect social security and file for unemployment?
Sure! He is entitled to Social Security and unemployment does not effect it at all. If he is entitled to unemployment, he can draw that, and if he does find a job, he can earn as much as he wants without effecting his Social Security. Note that people who receive SSI, Supplemental Security Income, which is a needs based program, do have to report ANY income, and it would effect their payments. But Social Security, based on someone's work, never is impacted by unemployment.
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1
Attorney answers:
Can I be denied my social security benefits if I retire at age 62?
What Social Security is looking for is the "worth" of your services. When someone is self-employed, they have a lot more control over what they earn than someone who works for somebody and gets a paycheck. An example probably explains what I am talking about: Let's say you earned $50,000. the last few years and now you are saying you are just working part-time and estimate you will make $10,000. All of a sudden, your spouse who has never worked in the business and has another job besides,...
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1
Attorney answers:
How do I get my Social Security Insurance check so that it is under me and not my aunt or uncle that I live with?
If the check you receive is paid to a representative payee on your behalf, it is because Social Security feels you are not capable of managing your finances on your own. This is either because you are a minor child or have some impairment that prevents you from doing a good job handling your own finances. Before you do anything, you should think about the responsibilities that you would have if you got your own check. You would have to make sure all your bills are paid.....you just can't use...
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