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Brian S Wayson

Brian Wayson’s Answers

2,391 total

  • In Oregon, can an individuals social security retirement benefits be garnished?

    My roommate is going to retire this next year, but he owes over $100,000.00 to workmans compensation, in a JUDGEMENT not a FINE. And, he would like to know if when he retires, will they be able to garnish his ss retirement benefits?

    Brian’s Answer

    Attorney Bodzin is correct. However, please note, certain types of debt may be garnished. For example, your Veteran’s benefits, Social Security, or other government benefits may be garnished to pay delinquent child support spousal support, federal student loans or federal taxes.
    (see: )

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  • Do social security investigators ever gps your car?

    A friend who is on ssdi thinks he may be investigated by ssa and being followed. Do they ever attach gps to a car? It most likely is his mental health (paranoia) causing his worries, but I wanted to ask.

    Brian’s Answer

    They do have an investigative unit (CDIU) that does such investigations. I do not think they can gps a vehicle without a warrant, but they certainly would not tell him if they had obtained a warrant. They routinely lie when conducting such investigations and tell folks they interview that they are investigating identity theft. Your friend probably is not paranoid, just observant.

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  • Duty to report Social Security/SSI Fraud-How to do when don't have persons SSN or DOB?

    Have tenant renting unit who constantly finds something he says needs repair/replacing and takes upon himself to do then sends invoice and charges for work he's done to be taken off rent. Has stated in writing he gets SS benefits. We go to prope...

    Brian’s Answer

    You can even do it online at:

    You should provide as much identifying information as possible regarding the suspect. Such information should include:

    Name of the beneficiary
    Social Security Number of the beneficiary
    Date of birth of the beneficiary
    Details regarding the allegation, such as when it happened, how it was committed, and where it took place.

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  • My son was approve for Ssi this year 2013. But we applied for ssi last year in August 2012. Now she telling they need check stub

    We already gave them that last year and am married do that mean we not going to get it not.

    Brian’s Answer

    IN my experience it depends on a few factors and other information not contained in your post.

    First, the overall process involved and answer derived will depend on whether your son is younger than 18 years of age or 18 years of age or older.

    Second, a claimant may meet the medical requirements for being found disabled, but then the claimant has to meet the non-medical requirements as well.

    For SSI, the non-medical requirements will depend on his age. If he is under 18, then your family income and assets will be considered. If he is 18 or older then only his income and assets are considered. In either case Social Security will provide a month by month analysis of the allowable monthly benefits - they can range from $0 to $710 and vary from month to month.

    Best of luck to you both.

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  • I was married for 30 years and granted permanent alimony. When my Ex is eligible for Social Security, I am entitled to half.

    Will that half of the Social Security be in ADDITION to my permanent alimony? Or, will the Social Security make up the difference of the alimony payment? Thank you.

    Brian’s Answer

    Because no state court can bind the federal government, Social Security will not pay you half of your ex's benefits. If they pay you ex-spouse benefits on the ex's earnings account it will be in addition to what the ex receives (i.e. if the ex is getting $100 per month, you might get $50 - so the total being paid is $150).

    If your ex is behind in payments you can ask to have the ex's Social Security garnished as follows:

    The Social Security system limits the garnishment amount to the lesser of the State maximum or the maximum under the Consumer Credit Protection Act (CCPA) (15 U.S.C. 1673(b)) and is based on the law of the State where the beneficiary resides. Hereafter, the CCPA limit is referred to as the “Federal” limit. The CCPA limits garnishment to:

    50%, if the beneficiary is supporting a spouse and/or child other than the spouse and/or child whose support has been ordered.

    60%, if the beneficiary is not supporting another spouse and/or child.

    55% or 65% respectively, if the garnishment order or other evidence submitted indicates the original support ordered is 12 or more weeks in arrears.

    NOTE: SSI (Supplemental Security Income) payments are not subject to garnishment.

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  • Can the Social Security take my benefits ,that leaves me without enough to pay my rent,and all other household expenses.

    I have been disabled since 1990 after quadruple by-pass heart surgery, here is the fly in the ointment, you are no longer disabled but are switched to retired. This has to do with a support order issued in N.J. in 1980 .The children were emancipa...

    Brian’s Answer

    As my colleagues pointed out, yes the can. And they do on a regular basis. As stated you need to work with a family law attorney to get the arrearages reduced.

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  • What are the options for changing or converting a special needs trust?

    My nephew settled a malpractice case that left his son with severely disabled. At the time of the settlement he was told the SNT could buy a home however that hasn't happened. The first trustee was removed after horribly handling the trust and t...

    Brian’s Answer

    Generally, for SSI purposes (as a means tested program of Social Security) the SNT cannot be used for housing or food (that is what the SSI is for) but the SNT can be used for many other things. Here is some more basic info:

    Special Needs Trusts:

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  • Can you still recieve a survivors social sercrutiy check from your parents if you pregnant?

    i go to school full time. Im not married but what i need to know is if i need to just stop going to school and get a job or can i stay in school and still get my check. the check is from the social secruity office from both my parents being dead.

    Brian’s Answer

    Yes, pregnancy does not effect the survivor's benefit checks you receive.

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  • SSA said they need me to come to office can i get an attorney to go for me ,should i get one to go for me?

    job made me apply ,didn't want to talk to them until i was out of work for six months now the keep asking questions last 9 months know they want me to come in, what should i do?

    Brian’s Answer

    In my opinion you should get an attorney as early in the process as possible as there is no fee unless you are awarded benefits (contingency) and the fees are set by Social Security law and would be the same regardless if you hire the attorney the week before your hearing or the day you applied originally.

    Search here on Avvo, contact your local or state bar association, or check with NOSSCR or NADR to find a Social Security attorney in your area. Look for one offering a free no-obligation initial consultation (most do) then meet with one or more and sign up with somebody with whom you are comfortable working. NOSSCR Lawyer Referral Service - For help in finding attorney representation, contact its lawyer referral service during Eastern business hours: 800-431-2804 or see: . NADR - Find a Representative - telephone the automated system at 1-800-747-6131 or see: .

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