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Thomas Carter O'Brien
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Thomas O'Brien’s Answers

40 total

  • Do I need to present my driver's license and social security card if and/or at time of termination from job?

    I am worrying too much already, I am 95% sure I'm not going to be "fired" from any job, I know this to be true, but I have to ask one question, just essentially because I'm worrying: I was recently asked by my employer for my Drivers License and S...

    Thomas’s Answer

    While an ID and Social Security Card are frequently required as a new employee, it would be unlikely that you need one in order to be terminated from employment. This issue would most likely governed by the laws specific to your state, so this answer is general.

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  • My autistic son is turning 18. a social security rep said that his child support is considered his income.

    As a result, because he gets more than $517.00 a month. 1) Is this true? He lives in New Jersey. I have been told many different stories on this. In my agrement, whatever she gets from social security gets deducted from child support . The se...

    Thomas’s Answer

    I agree with my colleague's answer. Child support will generally be regarded as unearned income (http://www.socialsecurity.gov/ssi/text-income-ussi.htm), but there are a couple of items of which you should take note. What age does child support cease? Age 18 is commonly used, and if this is the case he may be able to simply receive SSI payments without event. If child support continues, you will want to discuss trust options as my colleague noted, in particular a Special Needs Trust (though there are multiple types of trust that may be helpful in your situation). Best of luck to your family!

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  • Can you collect unemployment, social security and work as independent contractor?

    someone i know just turned 62, she has applied for social security, and unemployment, but she is also becoming an independent contractor, cleaning houses. can she do all 3 ?

    Thomas’s Answer

    I agree with Mr. Vance's answer. Disclosure must occur, and then in the State of Georgia, if earnings from work are lower than the unemployment benefit, your friend should receive the difference. Once Social Security Retirement begins, this may reduce unemployment further. For more information see: http://ssa-custhelp.ssa.gov/app/answers/detail/a_id/1705/~/receiving-social-security-and-unemployment-at-the-same-time

    Good luck to you!

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  • Can a job legally take your money from Social Security if you have a disability and can they force you into a group home?

    My step-nephew works in Iniative productions and got a letter recently stating that they were seeking to get my step-nephews disability money. They also want to force him into a group home. Is this legal?

    Thomas’s Answer

    There are a number of additional facts that would be necessary to answer this question completely. With regard to "getting your step-nephew's disability money", if they are discussing being his representative payee, this is not illegal, and for many disabled folks, can be a burden lifted. There are numerous rules to which they must adhere, and the money must be spent for the benefit of the disabled individual.

    With regard to "forcing him into a group home" most states would require the involvement of the Department of Family and Children's Services to be involved in order to force this issue. There is a difference between making the recommendation that he live in a group home, and forcing living arrangements upon him.

    I would recommend opening a dialog with a representative of Initiative Productions to better understand what their goals are with regard to your step-nephew. From there you may wish to consult an attorney who is an expert in special-needs advocacy.

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  • Is there any legal way to go about removing a Disability Payee from my sons disability benefits?

    My son lives with his two elderly grandmothers and his father, and was recently approved for Disability benefits. His father is a habitual drug user and has been for 15 years or more. He has been in trouble with the law including DUI, and was in a...

    Thomas’s Answer

    Report any alleged misuse of your son's Social Security funds to the SSA immediately. If your son is capable, it would be wise to have him contact the SSA with information as well. It is within their power to switch representative payees without litigation, though they will want to ensure that this request is not motivated by other reasons. For more information visit the Social Security link below.

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  • If I am a legal permanent resident, can I still receive my social security benefits if I live in Mexico 6 months out of the year

    If I live in Mexico for 6 months and the US for 6 months and am a legal permanent resident, can I still receive my Social Security Benefits earned from retirement as long I am not out of the country for 30 consecutive days? I have already been den...

    Thomas’s Answer

    Without additional facts, it is difficult to give an exact answer, but it would appear that for you to continue to receive benefits without an interruption, you will need to return before being gone for six months. I have attached a Social Security Publication on the subject below.

    Re-applying for SSI is as simple as contacting your local Social Security office. (https://secure.ssa.gov/ICON/main.jsp) Good luck to you.

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  • What should i do about this SSDI related

    i got a letter stating i have to see a psychologist for my ssdi claim, i recognize him as a former therapist of mine, should i tell social security? what should i do

    Thomas’s Answer

    • Selected as best answer

    Mr. Quinn is correct. Information provided by treating physicians is evaluated differently than information provided by physicians that evaluate you on a single basis. Though nine years is a considerable amount of time, you definitely want to avoid the possibility that an opinion provided by a paid SSA witness gets additional credibility as a result of your prior relationship. The reason for this is simple; SSA medical and psychological evaluations frequently slant heavily against the claimant.

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  • Can a bonding company still take money from me if i'm on disability? the person didn't show for court.

    person didn't show for court , i signed the bond. the bonding company is threating me about paying it and i'm on disability can they still take the money for bond legally?

    Thomas’s Answer

    The answer is a bit more complex than simple black and white. The bonding company may legally make demands that you pay the debt, and they will likely attempt to sue. If they successfully secure a judgement against you through the suit process, they will then likely place a writ of fi.fa. on your home (a judgment creditor cannot take your place of residence, but can encumber it), and may attempt to garnish you. Garnishing funds paid by Social Security is illegal under SSA Section 207, I have attached the link for your review. Generally the only debt that will result in your check being reduced is federal or state debt, or child support with appropriate court orders. Good luck.

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  • Can i transfer my netpay from my fake social security number to my new social security number

    i got approved for DACA and i have received my new social security number. In the past years i have worked with a Fake social number, and have done my taxes with my ITIN number. is there a way that i can transfer my net pay from the beginning of ...

    Thomas’s Answer

    You will probably want to post this question in the Immigration Law Q&A (and perhaps Criminal Law) section for more succinct answers. The attorney that helped you get DACA should be able to advise you on this, but I would recommend proceeding carefully, since DACA rights appear to be fairly fragile with regard to being convicted of crimes (like using a false SSN). I am attaching a link to the U.S. Code that is on point with the use of a false SSN. I wish you good luck, but I would recommend proceeding carefully with the assistance of local counsel if you are attempting to assess the risks of getting credit for work previously done under a false SSN.

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  • Disabily income for my blind daughter and how child support is effected.

    I have a daughter that receives ssi becasue she is diabled. I am trying to determine what effect child support will have ion her benifits or what effect her benifits will have on child support?

    Thomas’s Answer

    The child SSI recipient is presumed to receive some of the parents Income and Child Support money, a process known as "Deeming". Certain conditions may give rise to a Deeming Waiver (also known in Georgia as a Katie Beckett Waiver), but the rules of Deeming are too complex to all be written here. I am attaching a link to the Social Security POMS ( Program Operations Manual System) Manual excerpts about Child Support Payments in the hopes that it will be of use. Good luck to you, and if you have further questions, do not hesitate to contact me.

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