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Antonio L. Viera
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Antonio Viera’s Answers

53 total


  • Won jackpot over $1200.00 this year do I have to report that to social security??????

    I'm receiving social security benefits and I hit a royal flush in a casino it was $4000.00 .does that goes against my s.s. benefits. Federal and city taxes were taken out right then. Will I have to pay S.S. back. Thank you..

    Antonio’s Answer

    Assets and unearned income only matter if you are receiving SSI. If you are receiving DIB benefits, which are based off of your work record, then your assets and unearned income would not matter.

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  • He wont have to refile for SSI Claim again if his incarceration is under 12 months right? And will he still get his backpay?

    My significant other is incarcerated in Arizona Prison has been there since April 2015, he was receiving SSI but since has had it terminated due to incarceration.

    Antonio’s Answer

    He won't be paid for the time he was in jail, but he should be able to get benefits restarted from wgat you shared. If they aren't, consult with a local disability attorney.

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  • Can I continue with the original SSI application we filed?

    SSI: In 2012 we apply for SSI for our son, he has leg legenth discrepancy, hip dysplasia and miss part of his quadricep muscle, he has a permit handicap placard, will have to have surgery and has to have special shoes. His SSI was denied and th...

    Antonio’s Answer

    If you did not file the appeal within 60 days then you will have to file a new application. You may be able - once you file a new application - to get a judge to reopen the prior application. A lot will depend on why the appeal was not timely filed and if the evidence has changed. You should consult with a local attorney to discuss your options in more detail.

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  • Can a 20 year old disabled with brain tumor receive any social security benefits ?

    Girl is college student in Virginia .

    Antonio’s Answer

    For the most part, it really comes down to the symptoms she experiences, how often they occur, and how they limit her. You only get disability benefits if you prove that you are unable to work due to the medical condition. As others have pointed out, the fact that she is a college student would be of interest to Social Security or a judge. They will want to see whether she is going full time or part time, and how she is handling it. For example, if someone is going to school full-time and doing well at it, then it would be reasonable, possibly, for a judge to determine that the person could be working. You should get a local attorney to speak with her about this in more detail, and review the medical records.

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  • How specific does this questionaire need to be from social security disability adjudication?

    I was sent a "Function Report - Adult" to complete. It's asking to describe what I do when I wake up until going to bed. Are they looking for everything from brushing teeth, watching tv, on social media even if it's for less than 20 mins, check em...

    Antonio’s Answer

    They want a general sense of what you do during the day. If you have no trouble with an activity the ask about, say so. On the other hand if you are limited or have difficulty with an activity, make sure you let them know why. The best advice is to be honest and get an attorney to represent you.

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  • I already called SSA. They can't help. I called his office. No, he won't refund me. Do I have ANY recourse? I want my 25% back!

    I filed for SSDI, had a phone app with an SSA rep, then was mailed the Function, Pain, & Work history forms which I completed & mailed out. I had called a disability atty's office, whose law clerk hurriedly had me sign some forms to get services (...

    Antonio’s Answer

    You can dispute the fee, as noted above.

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  • How can Social Security report Work Comp Offset on 1099, then say the never ACTUALLY took it out after settlement recalculation.

    In 2011 I filed for ssdi. It was approved the first time. In the initial filing at my local office I reported my Workers Compensation. After 2 years in the Social Security determination process and extra reviews by Social Security. I was back paye...

    Antonio’s Answer

    Agreed. This requires the assistance of a local attorney. There are several ways to possibly deal with this problem. Unfortunately, it can get complicated, so please get local legal help. It would be impossible for anyone to try to do the calculations for you without meeting in person and reviewing the documents.

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  • What steps to take against Social Security?

    My father is bed bound at a nursing home and the social security office requires him to come into the office or they refuse to change his banking info. I got a doctor's note that he is bed bound and he is unable to do appointments. They still refu...

    Antonio’s Answer

    Yes, you should be able to do it online. Otherwise, call the 800 number to see if they can do it for you over the phone. If nothing else works, I would ask to speak with a supervisor at your local office.

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  • How will a inheritance affect my social security

    On social security about to receive an inheritance would it affect my social security

    Antonio’s Answer

    An inheritance would only affect SSI benefits, since those are needs based. An individual is not able to obtain continued SSI payments if they have more than $2,000 worth of countable assets ($3,000 for a married couple). Your assets will not affect SSDI payments, so an inheritance would have no effect.

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  • What steps should I take to get help getting Disability?

    Suffer from PTSD, Social Anxiety, Hyper-Awareness, and Panic Disorders. But I did not work long enough to qualify for disability and they do not believe that my case is severe enough for Supplemental Income. I literally cannot be out in public wit...

    Antonio’s Answer

    The best thing you could do is talk to a local attorney about your situation. Even though you have not worked long enough to qualify for disability insurance benefits, you may be eligible for SSI payments. Do not be discouraged by the fact they said your condition was not severe enough. Most people get denied initially. A lot of people who get denied initially are eventually approved by a judge with the help of a competent attorney. good luck.

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