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David Arthur Stevens

David Stevens’s Answers

19 total


  • Can my social security disability payment be garnished or seized by small claims court for past medical debt?

    I am disabled and out of work. I receive $1065 a month in disability, and nothing else. I have no property except my car, (totaled out due to hail damage). The debt collection agency has been receiving payments, but started small claims suit anywa...

    David’s Answer

    No, the only party that can garnish your Social Security wages is the federal government. To be safe, make sure the bank that receives your Social Security benefits is aware that Social Security is the only source of money in the account. Also, inform the bank that Social Security wages are not legally subject to garnishment pursuant to United States Code Title 42, Chapter 407, Section 207. This will put the bank on notice that they are not to allow a garnishment of your disability wages.

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  • Can I collect social security and unemployment, at the same time?

    Can I collect social security and unemployment, at the same time?

    David’s Answer

    Yes, in some circumstances. At first glance, there appears to be a conflict between the assertion that you are "ready, willing and able to work" -required in most states to draw unemployment - and stating that you are unable to perform any substantial gainful activity, as required to qualify for Social Security disability or SSI. However, Social Security accepts that in many situations there is no actual conflict that will prohibit drawing Social Security disability benefits and SSI benefits at the same time. For instance, if you are over 50 years old, you can qualify for Social Security benefits under the "Grid" rules even if you are fully capable of working "sedentary" jobs, those which require very little standing or lifting. Thus, if you qualify for Social Security under that provision, you may be "ready, willing and able to work" a sedentary job and, at the same time, meet Social Security's definition of disability.

    As you can see from the above example, whether or not you are allowed to draw both unemployment and Social Security disability benefits is often highly fact-specific. You should contact an attorney in your area to get more specific information about any potential impact on your unemployment and/or Social Security benefits.

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  • What is the best way to go about gaining SSDI for Bipolar Disorder?

    I was recently diagnosed with Bipolar Disorder, which I have apparently been suffering from most of my life. I have had a large amount of trouble keeping gainful employment. Now my psychiatrist and therapist are working to get me stable on medicat...

    David’s Answer

    In addition to the useful information in both of the above answers, if you are not working SGA (earning over $1000/month), you will be considered disabled by SSA's rules if you are unable to perform basic work activities. According to SSA's guidelines, the basic mental demands required of all unskilled work include the abilities to: 1) understand, remember and carry out simple instructions; 2) make judgments that are commensurate with the functions of unskilled work, i.e., simple work-related decisions; 2) respond appropriately to supervision, coworkers and work situations; and 4) deal with changes in the routine work setting. If your doctors verify that you have a substantial loss in any of these areas, you will have a very good chance of winning your disability claim, provided they can document sufficient professional analysis of the sources and severity of the limitations.

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  • Can I collect from my ex husbands disability checks, I am 61 and he is sixty two, we were married for 23 years, not remarried

    can I collect before I turn 62 neither of us is remarried

    David’s Answer

    Unfortunately, prior to your 62nd birthday you will not be eligible, but once you reach age 62, as long as you will have been divorced for at least 2 years, you will be eligible to receive benefits on your ex-husband's Social Security record.

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  • My mother owes personal loan to a company, she can no longer make the payment. what could be garnished. she get social security.

    My mother is 67, has a part-time job earning close to minimum wage and gets social security. She has a loan to with a credit card company that she has been paying each month. Her hours have been cut at work and for the summer she didn't work. H...

    David’s Answer

    In addition to the useful advice above, it would also be a good idea for your mother to inform her bank that the income in her account is from Social Security and, therefore, not subject to garnishment. And since she appears to have sources of income other than her Social Security, she should probably set up a separate bank account that will be sourced solely by her Social Security income. This will decrease the likelihood that the bank will mistakenly allow her retirement income to be garnished, as well as provide her with a potential action against the bank if they incorrectly allow garnishment of the retirement income in that account.
    Of course, this information is based upon the brief fact pattern you provided. There may be other factors that impact her situation. To be completely prudent, she should speak to a local attorney.

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  • I have been placed on disability by my Psychiatrist. I also have some physical disabilities. I want to find a good local lawyer

    I need legal advice on my eligibility for SSI, based on psychiatric and physical disabilities. What should I do first.

    David’s Answer

    Contact NOSSCR (National Organization of Social Security Claimant's Representatives). The number for the lawyer referral program is: 800-431-2804. They'll be able to provide you with contact information for local lawyers to help you out.

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  • Didn't mean to shout...can i work part-time and collect SSD?

    Can i collect social security disability and work part-time in the state of california without loosing benefits?

    David’s Answer

    The previous answers are correct that when your case is reviewed, either for initial eligibility or during a continuing disability review (CDR), any work you are performing can be considered as evidence of your ability to work. However, much more information is needed about your particular situation to know if that applies to you. For example, if you are over 50 years old and have performed only unskilled, labor-intensive jobs in the past, your part-time work in a sedentary job (primarily sitting, little lifting) should not really have any impact on your eligibility, as long as your earnings are below $1000 per month. Also, if you are already collecting SSDI benefits and you want to attempt to return to work, you likely qualify for a trial work period, which allows you to work while still collecting your benefits for a limited time.

    As you can see, the answer to your question depends on many variables that are not provided in your question. It would be a good idea for you to contact an attorney in your area that specializes in Social Security Disability cases to ensure you're getting advice that is tailored to your unique situation.

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  • I have credit cards I now cannot pay, Ilive on social secuity my wife also works, Can they garnish my SS

    I am being taken to court for credit card I live on social security. can thry garnish my check

    David’s Answer

    I agree with the previous answer. If you are concerned about garnishment, you should make sure that the only money that goes into the account is from SSA. Then, you should notify your bank that the account is sourced solely by your SSA income. This should help prevent accidental allowance of garnishment by your bank or provide you with a potential action against the bank if they mistakenly allow your SSA income to be garnished.

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  • Suplimental social security income

    i have to report my spouces income for the month on the begining of the next month to be paid the following month . this is to see if we qulify each month for social security benifits. they change each month on what we get. but becuase my spo...

    David’s Answer

    When SSA alleges an overpayment, you have a right to request a waiver of the overpayment and/or an appeal of the overpayment. If you agree that you were overpaid but don't believe it was your fault and it would be unfair to make you repay the money, you can request a waiver. If you believe that you were not actually overpaid, you can request reconsideration of the overpayment. Under each of these scenarios, collection of the overpayment will be delayed until resolution of the dispute.

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  • Social Security

    I am 47. My husband is 61. If he dies, will I be able to collect his social security?

    David’s Answer

    If you are caring for your husband's children who are under 16 or disabled, you can receive survivor's benefits from Social Security. If not, you may become eligible to receive benefits from his record at age 50 if you are disabled. Otherwise, you will have to wait until you are at least 60 years old to become eligible to receive partial survivor's benefits, or age 67 (if you were born 1962 or later). However, if you remarry before you reach age 60, you will not be eligible to receive these benefits.

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