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Ask Lane Your Own Question
Category: Social Security
Satisfied Customers: 11998
Experience:  Law Degree, specialization in Tax Law and Corporate Law, CFP and MBA, Providing Financial, Social Security & Tax advice since 1986
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I need answers only from an expert in Retirement

Customer Question

Hello,I need answers only from an expert in Retirement Benefit(RB) and ,if possible, in punitive damage, too.First of all, I’d like to ask the following question.
In America is there any law as follows?
If yes, would you please tell me?
Unfavorable contract to the consumer is null and void.History
1.I applied for RB in May,2015 but it was denied because my wages for some years did not meet SSA’s requirements of wages.
2. I asked for Reconsideration, but it was denied again for the same reason as before. 3. I asked for a Hearing.
4. But before the Hearing was held SSA sent me a letter that they changed my wages records.
Therefore I have enough number of credits to be eligible for RB.
The Hearing has not been held yet.About SSA’s decision
According to SSA’s homepage its definition of wages is “payment for services you performed for your company”.
Therefore in order for SSA to delete my wages. SSA has to prove the following two facts.
1. That I did not perform any services for my company.
2. That SSA has the legal right to decide what services are for my company.
Question #2
Am I right?
Question #3
If not, what does SSA have to prove to delete my wages?I know the first three steps of appeals are within SSA .
Therefore I am thinking of filing a lawsuit hoping for punitive damage.SSA has been doing the following torts ( crimes) to me.
#1. SSA made decisions against SSA’s own definition of wages.
#2.When SSA deleted my wages they did not give me any notices.
#3.They did not give me an opportunity to appeal it.
#4.According to SSA’s pamphlet , we can ask questions and SSA is supposed to answer them. I asked a lot of questions in writing, but they answered none of them at all.
#5. SSA told me lies.RE: #1 SSA made decisions against SSA’s own definition of wages.
As I mentioned above.RE :#2 When SSA deleted my wages they did not give me any notices.
If this is allowed, what would happen?
If someone’s wages were deleted without any notice,
when someone applies for RB , it will be denied because the number of credits is not enough.
As a result, he/she has to live without RB till he/she dies for 20~30 years.
How cruel!RE: #3 They did not give me an opportunity to appeal it.
When our wages were deleted and if SSA do not give us any notices, they deprive us of our right to appeal it.RE : #: 4 SSA answered none of my questions.
Question #6
Is it not too unfair for SSA to make a decision without proving our statements are false and without answering our questions?RE : #5 Lies
Example 1
After my application for RB was denied , I visited SSA Honolulu Office.
A female representative told me that it was denied because of wages deletion , my case was not appealable
even though SSA’s notice said I could appeal it.Example 2
I visited SSA Honolulu Office on May 13,2016.
The representative told me as follows.
1. SSA has not made a decision on my Request for Reconsideration.
Therefore they use my Request for a Hearing as a Request for Reconsideration .
2. This is the only way that I get RB starting in May,2015.
3. In order to do so I had to sign Form STATEMENT OF CLAIMANT OR OTHER PERSON.
It said that I want to pursue my Request for Reconsideration .(RR)
4. I had no other choice than to sign it.
5. After I returned home I found out that I already received the decision for RR.I can easily imagine what was on his mind.From all of the above-mentioned facts, I can make a firm statement that SSA’s only purpose has been that they deprive me of my right to receive RB.What is Social Security for?
It should be to give qualified people peace of mind.
What SSA Honolulu Office has been doing to me was quite the opposite.QUESTION#7
Under these above-mentioned circumstances ,what percentage of getting a verdict of punitive damage
is supposed to be ?I live in Honolulu.
QUESTION # *****
If there are no attorneys who are experts in Social Security, can I move to the mainland and file a lawsuit against SSA Honolulu Office in the mainland?
Do I have to file a lawsuit in Honolulu?Thank you,
Submitted: 1 year ago.
Category: Social Security
Expert:  Lane replied 1 year ago.
THis is far underpriced... you have asked about contract law here (specifically the nature of contracts of adhesion) with the flawed assumption that sovereign governments have that responsibility. (They do not )...You have confused reporting of either self-employment or W-2 SS & Medicare taxation and some right SSA has to make changes (they have none, but DO have the responsibility of interpreting and/or correcting YOUR and/or your employer's reporting) and there's more in this aspect...Further you've expected field office personnel actually to have a clue (They do not),...and need to understand that this is a federal law issue, geographic territory (with the exception that certain actions must be undertaken in field offices... ANY field office... and your last level of appeal must be in the correct district of federal courts) is irrelevant - again a federal law issue....Lastly (not exhaustively), as relates to the above, it appears that you don't understand that your last avenue of appeal is Federal District court (where you would be initiating an action against the currently acting commissioner of Social Security) a level of review completely OUTSIDE of Social Security (and again this MUST not be an actions against SSA itself, an agency of the US government having sovereign immunity...A Case again SSA will not be justiciable... The action must be against an agent OF the agency, i.e., the acting commissioner at the time of the event (or will be thrown out - not heard -on technicality)...This is not to disparage, but to point out that MUCH work is to be done here, just to get TO proverbial "square one."...I'd be glad to make an aditional services offer here so that this MULTIPLICITY of issues can be discussed more efficiently, but cannot reasonably do so for less than $300.
Expert:  Lane replied 1 year ago.
Let me know if you'd like to pursue with me....Lane......I hold a law degree (JD, Juris Doctorate), with concentration in Tax Law, Estate law & Corporate law, an MBA, with specialization in finance & tax, as well as CFP® and CRPS designations. - I’ve been providing financial, Social Security/Medicare, estate, corporate, both for-profit and non-profit, and tax advice, on three continents, since 1986
Customer: replied 1 year ago.
I wanted you to answer my questions one by one.Therefore your answer has no meaning to me.
Thank you.