Legal

Ask a Lawyer and Get Answers to Your Legal Questions

Ask a Lawyer,
Get an Answer ASAP!

Legal
This answer was rated:

I have a question regarding Social Security Extra Help and

pension income. My 61...
I have a question regarding Social Security Extra Help and pension income. My 61 year old mother is on Social Security Disability and Extra Help getting 75% of her medications covered. She is on several medications and even with Extra Help, her monthly drug copays are still very expensive for her. In a divorce settlement, she will be eligible for part of her ex-husband's pension. He is going to take his pension in the next 3 months and he warns her that she has to do the same, stating not taking it would be "withholding income for the purposes of qualifying for Extra Help." The pension board has already told us she does not need to take it until she is 65, and will face no penalty even though he is electing to take his. Is it true that because she is on Extra Help, she needs to take that pension and not doing that would be "withholding income?" If that is the case, his additional income would kick her out of Extra Help making her monthly drug costs so expensive it would only leave her with $300/mo to live on. My sister and I are already planning for the financial impact her turning 65 would have. But do we need to be worried that she needs to take this now?
Show More
Show Less
Ask Your Own Legal Question
Answered in 7 minutes by:
1/21/2013
John Legal
John Legal, Attorney
Category: Legal
Satisfied Customers: 4,632
Experience: Over 15 years legal experience.
Verified

Welcome! Thank you for your question. I am happy to answer you but need a bit more information.

 

Is this asset that is being divided as part of a Qualified Domestic Relations Order (QDRO)?

 

Also, please let me know, when you say "pension" you mean a monthly income benefit only. This is not a 401K or anything that would allow her to take a lump sum, correct?

 

John

Ask Your Own Legal Question
Customer reply replied 4 years ago

That is correct, this is part of a QDRO. She has the option to take 10% as a lump sum, and then receive reduced monthly payments, or just receive payments with no lump sum. This pension is from a carpenter's Union pension, not a 401K


 


Thank you

She is NOT required to demand it in 3 months. The extra help program will consider the pension as part of her income when she is required to begin drawing it at age 65. If she waits to begin drawing it at age 65 then the income distributions from the pension will be included in her income for purposes of determining her eligibility for extra help benefits at that time.

 

To qualify for Extra Help, your annual income must be limited to $16,755 for an individual.

 

 

I cannot provide you with legal advise. I can provide you with information about the law related to your question. My answer, and any information that you can find online, should not take the place of having a detailed consultation with a lawyer in your area to advise you regarding your specific issues.

 

Please show your appreciation for my candid, accurate information by clicking VERY INFORMATIVE, OR the OR and positive feedback. You should only rate me if you are satisfied with the information I provided you. If you feel there is something more I could have done please do not rate me and click REPLY TO EXPERT.

I appreciate your question and repeat customers. You can request me by beginning your question with "Dear XXXXX..."

Thank you,

John

John Legal
John Legal, Attorney
Category: Legal
Satisfied Customers: 4,632
Experience: Over 15 years legal experience.
Verified
John Legal and 87 other Legal Specialists are ready to help you
Ask your own question now
Ask John Legal Your Own Question
John Legal
John Legal
John Legal, Attorney
Category: Legal
Satisfied Customers: 4,632
4,632 Satisfied Customers
Experience: Over 15 years legal experience.

John Legal is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,775 satisfied customers

JD, BBA Over 25 years legal and business experience.

Ely

Ely

Counselor at Law

24,353 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

20,727 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

42,358 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo J. Senmartin, Esq.

Guillermo J. Senmartin, Esq.

Attorney

292 satisfied customers

7+ years of experience handling various legal matters.

< Previous | Next >

Related Legal Questions
I had a situation at work were I was joking with a coworker
I had a situation at work were I was joking with a coworker and he was joking with me about our body weight in a confined space in an inventory room while we were taking inventory, then he said "I nee… read more
LegalGems
LegalGems
Juris Doctorate
10,717 satisfied customers
It is stated in our agreement that our daughter not to
It is stated in our agreement that our daughter not to around any romantic partners and a Mathew sheets till divorce is final. I'm waiting on the paper work to be signed and wondering should I let her… read more
Ely
Ely
Counselor at Law
Juris Doctor
24,353 satisfied customers
Wondering what our rights are when buying a vehicle from a
Wondering what our rights are when buying a vehicle from a private seller. … read more
LegalGems
LegalGems
Juris Doctorate
10,717 satisfied customers
My wifes 50 year old daoughter moved into our house
my wifes 50 year old daoughter moved into our house temperaly Now she will not move out. She screams, cusses and scares my wife. She hides my wife's car keys and locks her out of the house. My wife lo… read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
1,962 satisfied customers
New york. Om... i won't to know if i open a account can the
om... i won't to know if i open a account can the fbi see it?? … read more
RobertJDFL
RobertJDFL
Attorney
Juris Doctorate
5 satisfied customers
I belong to country club in florida. they have only one full
i belong to country club in florida. they have only one full membership price. it states that the membership is for two people. I am now divorced. "there is a significant other allowance but it requir… read more
Lori
Lori
Juris Doctor
281 satisfied customers
J. Senmartin, Esq. Aurora lives in Mexico, and her US
FOR Guillermo J. Senmartin, Esq. Hello, Aurora lives in Mexico, and her US Citizen daughter wants to petition her for Permanent Resident. Aurora has a fiancé (Pedro). If Aurora marries Pedro, will Ped… read more
Bill Attorney
Bill Attorney
law
1,604 satisfied customers
What can I do if a person that hit my car in the rear, it
What can I do if a person that hit my car in the rear, it gets totaled out from my insurance company, I lose $12,000.00 out of what the insurance says my car is worth, I get hurt and I am in major bac… read more
Irwin Law
Irwin Law
Juris Doctor JD
7,089 satisfied customers
My daughter needs to move out of her apartment. She rents
My daughter needs to move out of her apartment. She rents with a roommate and the situation has become unbearable. She spoke with her landlord and they will let them leave early if they pay about $450… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,157 satisfied customers
Is it legal to purchase Vitamin A,C,D and etc along with
Is it legal to purchase Vitamin A,C,D and etc along with other over the counter stuff like magnesium and zinc in bulk and repackage them and sell them through an online business? … read more
Expert James
Expert James
Doctoral Degree
11,699 satisfied customers
I need to file a response to a summons I received last week
Hi, i need to file a response to a summons I received last week to a debt collector lawyer and file a request for production … read more
Ray
Ray
Lawyer
Doctoral Degree
30,865 satisfied customers
My credit card debt is too much i have been paying minimum
My credit card debt is too much i have been paying minimum payment for the last 4 months. Now my bank account is under $200.00 My income is 1787.00 per month which includes social security and a pensi… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
My wife passed and on her policy she didn't have a
My wife passed and on her policy she didn't have a beneficiary and didn't live a will. How do I go about being over the estate … read more
LegalGems
LegalGems
Juris Doctorate
10,717 satisfied customers
I signed an agreement for an elective surgical procedure but
I signed an agreement for an elective surgical procedure but after researching reviews of the company, I have changed my mind. I made a deposit of $1250.00 by credit card for a 50% deposit. The proced… read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,869 satisfied customers
A wacky New York question for you: Can I set up a camera in
Hey Olivia A wacky New York question for you: Can I set up a camera in my apartment that records activity on the fire escape OUTSIDE my apartment? Am I allowed to take videos of things outside the bui… read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
1,962 satisfied customers
Where would I find the legalities of opening an adult
Where would I find the legalities of opening an adult swingers club. There are two already located in Phoenix. We are just wanting to know where to find information or who to talk to before we even re… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
42,358 satisfied customers
I am on probation for DUI. I lost my license. My husband was
Hi I am on probation for DUI. I lost my license. My husband was out of town and a good friend came to take me to pick up item for the Food Banks fundraiser. We were going down my drive way Carl drivin… read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
I ordered a cheeseburger at five guys and they put bacon in
I ordered a cheeseburger at five guys and they put bacon in my burger by mistake I ate half of it and realized it had bacon i m a muslim and bacon is strictly forbideen … read more
P. Simmons
P. Simmons
Attorney
Doctoral Degree
35,299 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x