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Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 38322
Experience:  30 years in civil, probate, real estate, elder law
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IN MY SISTER'S HOUSE AND RECEIVING HEALTH CARE HERE IN

Customer Question

I AM LIVING IN MY SISTER'S HOUSE AND RECEIVING HEALTH CARE HERE IN SOUTHERN CALIFORNIA..THE DOCTOR'S DO NOT WANT ME TO GO BACK BECAUSE IT IS SO DAMP.. ALSO MY HOUSE IS UP FOR SALE.
I CHANGED SOCIAL SECURITY OFFICES CAUSE THIS IS CLOSER..AN CHANGED PERMANENT MAIL CAUSE I WANT TO BUY SISTER'S HOUSE.
THEY STOPPED MY SSI CHECK AND TELL ME I HAVE TO MOVE BACK INTO MY MAIN HOUSE IN NORTHERN CALIFORNIA.. THEY SAY I CAN NOT BE AWAY MORE THAN 30 DAYS.
CAN THEY DO THIS??
Submitted: 3 months ago.
Category: Legal
Expert:  Ray replied 3 months ago.

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

Expert:  Ray replied 3 months ago.

You can only claim one home here so you need to make a decision where you are claiming as your principal residence.You are allowed to relocate here to another residence here.

Expert:  Ray replied 3 months ago.

You can do this online or by phone.You can change your residence with social security.They can straighten this out here.

https://faq.ssa.gov/ics/support/kbanswer.asp?QuestionID=3704

Perhaps they did not understand you wanted to relocate and claim new home address.

I appreciate the chance to help you tonight.Thanks again.

Customer: replied 3 months ago.
I REALLY DO NOT WANT TO RELOCATE UNTIL MY HOUSE SELLS...
SO I SHOULD RE DO MY PERMANENT MAILING BACK TO THE HOUSE IN NORTHERN CALIFORNIA??? CORRECT
BUT IS IT TRUE I CAN NOT BE AWAY FROM MY PERMANENT ADDRESS FOR MORE THAN 30 DAYS????
Expert:  Ray replied 3 months ago.

Yes they can hold up your checks. You can move where you claim to your sisters here and continue to try to sell the house.You would forward the mail here and notify social security of the change.Or you can go back home for a day or two and return back.There are ways around this you just have to pick one here.

Customer: replied 3 months ago.
MY PERMANENT MAILING AND SOCIAL SECURITY OFFICE WOULD BE NORTHERN CALIFORNIA..
BUT THEN I FORWARD MAIL TO SOUTHERN CALIFORNIA.
BUT WILL MY SSI START AGAIN IF I AM USING THE ORIGINAL ADDRESS OF NORTHERN CALIFORNIA.
CAN THEY MAKE ME STAY IN THE SAME COUNTY AN NOT LET ME LEAVE FOR MORE THAN 30 DAYS
Customer: replied 3 months ago.
I DON'T THINK I CAN TOTALLY RELOCATE TIL THE HOUSE SELLS
Expert:  Ray replied 3 months ago.

Yes they can so you need to go on and claim sisters residence for SSI purposes hoping the house will sell.I think that solves your problems with SSI.

Customer: replied 3 months ago.
IF I CLAIM MY SISTERS HOUSE AS PERMANENT ADDRESS THEN THE HOUSE IN NORTHERN CALIFORNIA IS NOT MY PERMANENT ADDRESS AND I HAVE TO OWN THAT FOR 2 YEARS OF FIVE IF IT IS UP FOR SALE..OR LOSE THE DEDUCTION FOR CAPITAL GAINS.
I CHANGED PERMANENT ADDRESS TO SOUTHERN CALIFORNIA LAST AUGUST.. SO IT HAS BEEN A YEAR
Expert:  Ray replied 3 months ago.

If you want to claim your home residence then you have to return to it once every 30 days to avoid problems.Thats another option until it sells.You just have to pick one here.You would have to return to it and spend a day or two to avoid SSI problems.They are just telling you only one residence.You may just want to return for a short visit, they can make you choose.Since there are issues with capital gains maybe you go home for a short visit here. Call SSI from this home and tell them you are still living there.Best you can do here.

Thanks again for the chance to help.