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Stephanie O Joy, Esq
Stephanie O Joy, Esq, Soc. Sec. Attorney
Category: Social Security
Satisfied Customers: 11844
Experience:  19+ years legal exp. - 10+ years owning/operating her own SSD Law practice.
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Dear Sir:A person receives 2 social security checks a month.

Resolved Question:

Dear Sir:

A person receives 2 social security checks a month. One is based on his own eligibility the other is based on having been a dependent of a deceased father.

Can that person decline one or the other of these authorized benefits? Let's say he just wants the USG to keep the money to reduce the debt (in this small way).

Will a declination like this, if it is approved, have any adverse impact on the person's Medicare eligibility?

If such action is authorized, what is the admin procedure for initiating the request to the SSA.

Yours truly,

JPB
Submitted: 1 year ago.
Category: Social Security
Expert:  Lindie-Moderator replied 1 year ago.

Hello,

I'm Lindie, and I’m a moderator for this topic.

We have been working with the professionals to try to help you with your question. Sometimes it may take a bit of time to find the right fit.

I was checking to see if you had already found your answer or if you still needing assistance from one of the professionals.

Please let me know if you wish to continue waiting or if you would like for us to close your question.

Also remember that JustAnswer has a multitude of categories to help you with all your needs from Health, Pets, Computers, Cars, Finance, Law, to Home Improvement, and more.

Thank you,

Lindie

Customer: replied 1 year ago.

Dear Lindie,


My question has not been answered.


 


Do not close question.


 


I am waiting for a response.


 


Thanks,


 


JPB

Expert:  Lindie-Moderator replied 1 year ago.

Hello,

Thank you, XXXXX XXXXX continue to look for a professional to assist you. Please let me know if I can be of any further assistance while you wait.

Best,

Lindie

Expert:  Stephanie O Joy, Esq replied 1 year ago.
Hi, JP, it is nice to see you again! I am sorry you have been waiting so long - I was unaware of your post here, and I may be one of the only actual full time SS practioners that contribute time to this forum to assist visitors on SS matters. In the future, if you would like me to address your matter and more likely in a more expeditious manner, please start your transaction post with "TO Alexia Esq., ONLY" and that will be more likely to occur. OK, with regard to your post, can you clarify my questions in bold, below:

A person receives 2 social security checks a month. One is based on his own eligibility How much is it? Also, is it SSI?


the other is based on having been a dependent of a deceased father. And how much is this one?
Customer: replied 1 year ago.

TO: XXXXX XXXXX ONLY


 


Ref your questions above.


 


Own eligibility: $557.00. Social Security not SSI.


 


Father: $907.00


 


Regards,


 


JP Bergen

Expert:  Stephanie O Joy, Esq replied 1 year ago.
JP, do you know what the father's FULL amount was to be?
Customer: replied 1 year ago.

TO: XXXXX XXXXX ONLY


 


Father died 21 May 2007.


 


Monthly amount (before deductions): $1,348.50.


 


Regards,


 


JP B

Expert:  Stephanie O Joy, Esq replied 1 year ago.
Hi JP,

These numbers are not making sense to me. 75% of $1348 would be 1011, and there may be COLA applications (see below). But you indicate the disabled adult child is getting either $907 in DAC benefits (or $907 +$557 = $1464). When I say $1464, that would then be the AMOUNT determined based on father's PIA, because we don't get a combo amount (we don't get both total amounts), we get an amount based on the parent's work record. So we obviously pick the bigger one.

Now, the COLA impact since 2007 has been as follows:


January 2008 -- 2.3% = 31.004 = $1379.004
January 2009 -- 5.8% = 79.982 = $1458.986
January 2010 -- 0.0%
January 2011 -- 0.0%
January 2012 -- 3.6% = 52.524 = $1511.510
January 2013 -- 1.7% = 25.696 =$1537.206

$1537.206 * 75% = 1152.904

It would seem the TOTAL he could get would be $1152.904, instead of the $1464 you indicate. So, although I am am NOT a very good mathematician, and outsource all such needs to the accountant for both myself and my clients, I am not understanding these figures. Not really your question though! Just thoughts I'd mention it.

Now, aside from that, it is my understanding that one CAN stop taking a particular benefit. However, know that if one is doing so in the hopes that they can become eligible for a needs based program, generally, the needs-based program will consider all AVAILABLE income (including SSD/DAC benefits), whether you take it or not. This would include medicaid programs, state assistance programs, etc. So given that, it is usually not helpful to cancel a benefit.

I hope this helps! My goal is to provide you with excellent and accurate service – if you feel you have gotten anything less, please reply back, I am happy to address follow-up questions. Kindly rate me "excellent" when you are done. I look forward to assisting you in the future, should you have legal questions.

Sincerely,

Stephanie, your online legal resource!





Stephanie O Joy, Esq, Soc. Sec. Attorney
Category: Social Security
Satisfied Customers: 11844
Experience: 19+ years legal exp. - 10+ years owning/operating her own SSD Law practice.
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Stephanie O Joy, Esq
Stephanie O Joy, Esq
Managing Lawyer/Advocate
1544 Satisfied Customers
19+ years legal exp. - 10+ years owning/operating her own SSD Law practice.