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James Vincent Hill
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James Hill’s Answers

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  • My neighbor is threatening to send pictures of me to Social Security Disability if I do not give her $5000.00. Is this extortion

    Back in May 2011 her dog and my dog started fighting and she lost control of her dog and fell backwards. Before ths happened she told me she had taken six percocet and I observed that she was very unstable. We were both talking to each other our d...

    James’s Answer

    This very likely may meet the elements of extortion and/or blackmail. Also, check your state's statute of limitations on torts. If you are worried about your neighbor filing a lawsuit, it may ease your mind if you find out that the applicable period for filing a lawsuit has already passed.

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  • I am 47 yrs old filed for SSDI just got a letter asking about my work history and my limitation is this a good sign filed in Dec

    I filed a SSDI claimed in December 2013 I recently got a some paperwork from them asking about my limitations and work history I wanted to know what does this means

    James’s Answer

    These documents are required for adjudicating all disability applications. So, at this point it means that the SSA has received your applicaiton and is working on getting all the necessary information in order to give you an initial decision. Make sure that you give an accurate and complete work history. You want to be sure to provide detail on the harder aspects of your work, both from a mental and physical standpoint. Also, be accurate on your limitations, as the SSA may use what you put down on these forms against you in a hearing. The best thing to do now would be to seek the help of an experienced attorney to help you fill out the paperwork.

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  • I signed away my rights to my child 16 years ago, she has now reinterred my life and has medical issues, can she draw SSI off me

    She was adopted by another man, I am better off financialy than they are, can she now draw SSI off of me even though I signed away all rights?

    James’s Answer

    If your daughter is a disabled minor, the income of the adopted parents will be taken into account when determining non-disability requirements (ie income requirements) for SSI benefits. If your daughter is an adult under the age of 22 (or became disabled prior to age 22), SSDI benefits based on a parent's work record would only be available if a parent is deceased or otherwise drawing social security benefits (ie disabled or retired).

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  • If I was approved for social security disability benefits, can I choose to stop collecting benefits?

    Can I voluntarily choose to terminate disability benefits for myself? Will SSA agree to stop paying me a monthly benefit? And am I able to still collect retirement benefits at age 66 if I stop collecting benefits and still 10 years away from full ...

    James’s Answer

    Yes, you may voluntarily choose to terminate SSDI benefits with the SSA and still qualify for retirement benefits as long as you have enough work credits to qualify for benefits. However, it may be wise to attempt to go back to work under the SSA's Trial Work Period guidelines. The SSA will allow you to continue to collect your SSDI benefit for up to 9 months while you are working as a trial period to make sure that you can indeed work again. If you start to work, but prior to 9 months of employment cannot continue due to your disabiity, your benefits will continue. The 9 months of attempted work does not necessarily have to be consecutive months, but must be within a 60 month window, and earnings for 2013 must be over $750 per month in order to qualify as one of the 9 months in the trial work period.

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  • Medicaid eligibility - inheritance

    when someone is on Medicaid, lives in an income based facility, receives food stamps and receives an inheritance, does this inheritance void the eligibility of Medicaid? Is there an amount of that inheritance disqualify that person from bei...

    James’s Answer

    Medicaid is typically "need based." So, if you inherit a substanital sum of money, you most likely will be over the minimum income levels or asset levels to receive medicaid until the money is spent down. This is true with SSI benefits as well. If you have SSDI benefits due to a disability, your benefits should be safe, even if you inheret money.

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  • Can someone who is on social security disability and have a social security disability representative payee Travel

    Can someone who is on social security disability and have a social security disability representative payee Travel out of the country to like canada to visit some friends with out losing there social security disability

    James’s Answer

    Yes. Temporary travel outside of the U.S. should have no affect on your SSDI benefits. In fact, many people who receive SSDI benefits actually reside outside of the country.

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  • Can someone who is on social security disability and have a social security disability representative payee Travel

    Can someone who is on social security disability and have a social security disability representative payee Travel out of the country to like canada to visit some friends for a week with out losing there social security disability

    James’s Answer

    Yes. Travel outside of the country should have no affect on your disability payments. In fact, many people receiving SSDI benefits actually reside outside of the USA.

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  • Can I go back to using my maiden name after a divorce 20 years ago? Will this affect my social security when I start drawing it?

    I have been divorced for 20 years and have been thinking about going back to using my maiden name. My children are married so we all have different last names now.

    James’s Answer

    Using your maiden name should not affect your disability or retirement benefits. Make sure you legally change your name and make sure the Social Security Administration is properly notified. Your work record is kept track through social security number, not last name, so as far as your future benefits are concerned you should have no problem changing back to your maiden name.

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  • Social security question, earning credits.

    How do I earn more Social Security credits to get to 40? I have less. Well i heard that at one time someone had to earn about $1000, and it was based on the quarter (Jan-Apr, Apr-Jul, Jul-Oct, Oct-Dec31) they worked in. Tell me how i can earn ...

    James’s Answer

    For 2013, you will earn a credit for every $1160 you make in earnings. You can earn up to 4 credits in a year. This amount may change a bit from year to year. Generally, you will need 40 credits to qualify for social security retirement benefits. You may find the attached link to the SSA website helpful:

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  • Difference between DDS caseworker and DDS examiner for social security disability?

    Can someone please tell me if there is a difference between your caseworker and the DDS examiner or are they one in the same? I know SSDI or SSI claims are decided by an examiner and a medical consultant at the DDS levels, but is this examiner the...

    James’s Answer

    I believe you are referring to the same person. The DDDS Examiner will gather medical records, vocational information, and usually schedule you for a consultative examination (CE), either for physical imapirments, psychological impairments, or both. After obtaining this information, and the CE report, the examiner will make a disability decision on your case. In my office, the term examiner and caseworker are synonymous when dealing with DDDS, so in my opinion the two terms are the same.

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