Social Security

Ask social security questions and get answers ASAP

Ask an Expert,
Get an Answer ASAP!

Claimant applied for disability in 2011 and has been payed…

Customer Question
Claimant applied for disability...

Claimant applied for disability in 2011 and has been payed but is still fighting for more benefits.

Accountant's Assistant: These retirement benefits are supposed to help us but they can be so complicated! The Retirement Expert will help you get the most benefits propertly. Please tell me more, so we can help you best.

SSA obtained approval from husben Arthur who had NO authority. NONE.to act in ANY manner in behalf of claimant. including accepting claimants Disability and Supplemental Income Benefit payments into his bank account..SSA had failed to perform a background check of her husband and was wrong in not obtaining claimant and or this non attorney representatives approval.. SSA was paying a person who was an alcoholic, a drug addict and a person with a significant gambling addiction. As a result SSA was damaging claimants well being and denying her ability to manage her own funds .SSA had failed to perform a background check of Arthur Straus and was wrong in not obtaining claimant and or this representatives approval. SSA was paying a person who was an alcoholic, a drug addict and a person with a significant gambling addiction. As a result SSA was damaging claimants well being and denying her ability to manage her own funds .SSA had failed to perform a background check of Arthur Straus and was wrong in not obtaining claimant and or this representatives approval.
SSA was paying a person who was an alcoholic, a drug addict and a person with a significant gambling addiction. As a result SSA was damaging claimants well being and denying her ability to manage her own funds .SSA had failed to perform a background check of her husband and was wrong in not obtaining claimant and or this representatives approval. QUESTION-SSA after calculating the full SSI and disability sums paid husband shall pay that sum to claimants new account. If you disagree please say so and why and then schedule a Hearing on this subject.
.

Accountant's Assistant: Is there anything else the Retirement Accountant should be aware of?

The above is just a little issue in a Reconsideration letter sent to SSA .

Submitted: 4 months ago.Category: Social Security
Show More
Show Less
Ask Your Own Social Security Question
Customer reply replied 4 months ago
Dec 12 at 5:18 PMTo: ***** ***** Office Date December 12,*****Hammond LA, 70403Claimant: Vonda Straus SSN####-##-####(Birth 7-12-1960)***** Ponchatoula LA.70403SUBJECT; An ADDITION herein to claimants Request for
Reconsideration document dated March 2, 2017 Please inform Claimant and her Representative that you have received her FormSSA-561-U2, dated March 2, 2017 .Will you also please send Representative a copy of that part of the Form that state "Field Office Development (GN 03102.300). Thank you.If you cannot comply after 8 months or more with the above please arrange for a claimant Hearing with a Social Security Administrative Law Judge. The subject being "SSA Failure to Respond to Request for Reconsideration" We prefer Judge Timothy G. Stewart who is familiar with claimant issues regarding SSI payments.(A finding that claimant does not owe SSI overpayments made by SSA mistakes).YES WE REALLY WANTED A RECONSIDERATION BY OUR LOCAL SOCIAL SECURITY OFFICE AS OPPOSED TO A FINANCE CENTER.COMPLIANT: Be aware that on October 23, 2017, the Richmond California Western Program Service Center (Supervisor Andrade) of the Payment Center Department wrote a letter dated October 23, 2017 (Attached) to this claimants representative providing claimant with an answer to claimants Request for Reconsideration document dated March 2, 2017. In effect making her own "Case Review" and a Determination of her own work. In doing so the California Service Center failed to comply with and is wrong and is in violation of , SSA POMS: DI 27001.001 PROCEDURES by interfering with claimants right to have an independent review and defeats the purpose of SSA Sec. 205(b)(2) and its Regulations. When a Hearing is held, Andrade will be subpoena and questioned by this Representative. It is clear that any SSA Judge would find Andrade's letter null and voidYou should know several years ago claimants original Local Office in Needles, California was removed from serving claimant due to an administrative fight with Andrade which led to many delays and mistakes by her office. Needles office confirmed in effect by telecon that they were no longer going to support claimant because one employee was thought to have made a mistake relating to claimant.The Payment Center Department took it upon itself to became our Local SSA Office, even though it's office was 9 hours away from claimants home in Bullhead City,Arizona. Claimant had a right to appeal to her Local Social Security Office in Hammond LA,, and did so in accordance with the Western Program Service Center letters paragraph that states "You can file an appeal with any Social Security office" Claimant did so.Claimant repeats itself. If Hammond LA, is not going to perform a CASE REVIEW, claimant demands you schedule a claimant Hearing to determine who is.Claimant now requests you correct a wrong and notify supervisor Andrade that her October 23, 2017 letter should be withdrawn by a letter to claimant.Claimant does not live in California. The office that serves claimant
is located in Louisiana. Perhaps a Judge will force her to withdraw her letter
which fails to meet a preponderance of evidence requirement.Claimant now
makes a Request for Reconsideration Appeal by Case Review of the SSA "Important Information" letter dated October 23, 2017. To be performed by Social Security Robin , LA. Claimant does not agree with the determinations made for the reasons herein.BACKGROUND HISTORY:
The documents referenced here are available in claimants SSA file. If
not found claimant will furnish a copy. Claimant had stated in the March 2, 2017 request for Reconsideration that- The subjects on this claim is clouded by a possibility that a crime may have been committed in 2013 by Social Security in an attempt to deny disability money owed claimant The truth is, claimant thinks its appropriate if Hammond notified a SSA Fraud Attorney to file a complaint with the FBI office at Lake Havasu City Arizona FBI Office*****North Lake Havasu, AZ 86403(###) ###-####by using a online Internet Crime Complaint method because
there may be a high degree of facts that a crime was committed by SSA upon claimant.. One that is easy to prove. This Representative can assist in
identifying the many mistakes made by Judge James P. Nguyen, Sherry Smith and Andrade. A reminder. If you attempt to rob a bank and don't succeed you are still guilty of a felony. If you try to prevent a very disabled woman from obtaining money found to be hers and fail, you are still guilty of a felony. Claimant looks forward to proof in detail that the disability monies attempted to be stolen from claimant are without a doubt in her hand and that ALL the Social Security Income funds paid on the same months as a disability payment by SSA mistakes are to be considered as a SSA loss and returned to claimant in a lump sum..Claimant applied for disability in 2011
Answered in 1 day by:
12/17/2017
Social Security Expert: taxmanrog, Certified Public Accountant (CPA) replied 4 months ago
taxmanrog
taxmanrog, Certified Public Accountant (CPA)
Category: Social Security
Satisfied Customers: 1,026
Experience: Licensed CPA, MA, MST with 31 years' experience. Teach Accounting and Tax courses at Masters level.
Verified

Welcome to Just Answer! Thank you for giving me the opportunity to assist you! I will do my best to help!

Please give me a few minutes to type my response.

Ask Your Own Social Security Question
Social Security Expert: taxmanrog, Certified Public Accountant (CPA) replied 4 months ago

I am not sure what your relationship to the disabled person is, but if her spouse filed for her disability, and the SSA accepted it, there was nothing wrong that was done. The SSA does not perform a "background check" on every person who applies for SSI, even on behalf of a disabled person. If the gentleman in question was legally married to the disabled woman, SSA, by law, is allowed to rely on that information when processing the claim. The fact that he may be an alcoholic or gambler is not relevant to their decision. All that they are concerned with is if the person who will be receiving the benefit is truly disabled. It appears that the woman was, so SSA was within its rights to approve the claim.

The fact that the husband was not of good moral fiber is again immaterial. Many, many spouses file on behalf of disabled spouses, and take care of them, without any issues and without the need for any "background checks" or such. My own wife is fighting renal cell carcinoma, stage 4, and is considered disabled. I take care of her and there is absolutely no issue. I make sure she has everything she needs, and that her needs (medicine, treatments, etc) are met. That is a spouse's duty. Any loving spouse would do that. So the fact that this guy is neglecting his duties is not the norm, it is the exception.

Also, just to let you know in case this step is a direction you may want to take, you cannot sue SSA for this. In order to sue them you have to prove that they acted in a grossly negligent manner. You have to prove that a SSA agent not only acted in a negligent manner, but that they knew that their action was negligent and acted in this manner anyway. If they were doing their job, and relied on the husband/wife relationship, then they did not act in a negligent manner, so they can't be sued.

As far as getting the amount changed, that more than likely will not happen. The benefits are a fixed calculation. They do not change this unless there was an error made in the earnings history, or if there is someone else that the disabled person can claim benefits against.

I am truly sorry that this situation exists, but there is nothing that SSA did that is illegal or unethical. I wish you luck in getting this reconsidered.

I know that you will not like this answer, but it is the truth. I will opt out, so that someone else may answer.

Roger

Ask Your Own Social Security Question
Was this answer helpful?
Ask taxmanrog Your Own Question
taxmanrog
taxmanrog
taxmanrog, Certified Public Accountant (CPA)
Category: Social Security
Satisfied Customers: 1,026
1,026 Satisfied Customers
Experience: Licensed CPA, MA, MST with 31 years' experience. Teach Accounting and Tax courses at Masters level.

taxmanrog 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:

I really was impressed with the prompt response. Your expert was not only a tax expert, but a people expert!!! Her genuine and caring attitude came across in her response...

T.G.WMatteson, IL

I WON!!! I just wanted you to know that your original answer gave me the courage and confidence to go into yesterday's audit ready to fight.

BonnieChesnee, SC

Great service. Answered my complex tax question in detail and provided a lot of additional useful information for my specific situation.

JohnMinneapolis, MN

Excellent information, very quick reply. The experts really take the time to address your questions, it is well worth the fee, for the peace of mind they can provide you with.

OrvilleHesperia, California

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!!

AlexLos Angeles, CA

Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult.

GPHesperia, CA

< Previous | Next >

Meet the Experts:

dylatess

dylatess

ATTORNEY

3,441 satisfied customers

37 plus years of SSD practice

Megan C

Megan C

Certified Public Accountant (CPA)

4,565 satisfied customers

Licensed CPA, CMA, CFE, CGMA M.Accy Also Teach Accounting courses at Master's Level

LawTalk

LawTalk

Attorney

3,065 satisfied customers

I have 30 years of legal and litigation experience, including representing clients before the U.S. Social Security Administration.

R. Klein, EA

R. Klein, EA

Accountant

334 satisfied customers

Tax & Social Security Benefits specialist

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

233 satisfied customers

Licensed in multiple jurisdictions, experienced business attorney.

AttorneyTom

AttorneyTom

Attorney

16 satisfied customers

Attorney

Stephanie O Joy, Esq

Stephanie O Joy, Esq

Soc. Sec. Attorney

3,234 satisfied customers

22+ years legal exp. - 12+ years owning/operating her own SSD Law practice.

< Previous | Next >

Related Social Security Questions
My spouse was drawing SS benefits at time of death. I am 61
My spouse was drawing SS benefits at time of death. I am 61 but still emploiyed and not yet drawing SS benefits. I complete SSA 1724 Block 1 as the widower and answer yes to question about co-residenc… read more
LEV
LEV
Retired
Bachelor's Degree
14,896 satisfied customers
When a married couple both have soc security, if one spouse
When a married couple both have soc security, if one spouse dies does the ther spouse lose her husband's social security? … read more
LEV
LEV
Retired
Bachelor's Degree
14,896 satisfied customers
My father has completed the form for lump sum death
My father has completed the form for lump sum death benefits. can this form along with any other required documents be mailed into the social security office? He's 85 years old and i cant see him wait… read more
Lane
Lane
JD, MBA, CFP, CRPS
Doctoral Degree
45 satisfied customers
Date of Death 08/28.2016..Spouse, ***** ******. Husband was
******- ******* Date of Death 08/28.2016..Spouse, ***** ******. Husband was drawing $1664.00 before death. My SS was $1255. Why is my SS so low AFTER his death? … read more
Law Educator, Esq.
Law Educator, Esq.
Attorney At Law
Doctoral Degree
244 satisfied customers
If my pension is a lump sum from a private pension, will
If my pension is a lump sum from a private pension, will that have any affect on my SSDI payment?… read more
Tax.appeal.168
Tax.appeal.168
Principal
13 satisfied customers
Need info on when I will receive the surviving spouse
Need info on when I will receive the surviving spouse benefit. Husband died 10/15/17 SS###-##-#### I am surviving spouse: Carole L. Schnitzer … read more
Barbara
Barbara
Enrolled Agent, Paralegal
4,906 satisfied customers
How to precede after spouse has died. My spouse has died.
My spouse has died. How to apply for benefits? I already receive a small benefit … read more
Barbara
Barbara
Enrolled Agent, Paralegal
4,906 satisfied customers
I retired last year. And received a lump sum to pay for
I retired last year. And received a lump sum to pay for insurance. So I am over the $17,000. limit, what is the penalty? I also have care source insurance based on your income. … read more
LEV
LEV
Retired
Bachelor's Degree
14,896 satisfied customers
What form do I.need to fill out for a lump sum for social
What form do I.need to fill out for a lump sum for social security retirement … read more
emc011075
emc011075
Tax advisor and Enrolled Agent
Bachelor\u0027s Degree
2,913 satisfied customers
How do I apply for death benefit of spouse, My spouse passed
My spouse passed away 12-9-17. I'm told there is a $250 burial benefit payable to the surviving spouse. … read more
LEV
LEV
Retired
Bachelor's Degree
14,896 satisfied customers
I just received final one lump sum from my 403B. Do I have
I just received final one lump sum from my 403B. Do I have to report this to SSI and will it get ne disqualified.… read more
Lane
Lane
JD, MBA, CFP, CRPS
Doctoral Degree
45 satisfied customers
If my ex-husband has enough credits to take a lump sum S/S
If my ex-husband has enough credits to take a lump sum S/S out will that keep me from filling on his S/S after two years of divorce? … read more
TaxRobin
TaxRobin
Vocational, Technical or Trade School
1 satisfied customers
Can i request a one time lump sum payment equal up to a
can i request a one time lump sum payment equal up to a 6months. … read more
Lane
Lane
JD, MBA, CFP, CRPS
Doctoral Degree
45 satisfied customers
If person received lump sum settlement from work comp in NY
if person received lump sum settlement from work comp in NY and then apply for ssd, does she have to tell about this to them… read more
Lane
Lane
JD, MBA, CFP, CRPS
Doctoral Degree
45 satisfied customers
If a spouse dies and the deceased spouse ss has been
If a spouse dies and the deceased spouse ss has been activated and the others has not, can the surviving spouse collect the ss of the deceased until 70 when they then activate their own ss? They make … read more
emc011075
emc011075
Tax advisor and Enrolled Agent
Bachelor\u0027s Degree
2,913 satisfied customers
Dob **/**/****. I would like to know how to get a lump sum
Hello. My name is***** *****, ***-**-****, dob **/**/****. I would like to know how to get a lump sum payout from SS. I do not have a husband, I have Tricare and Medicare, and have two other retiremen… read more
Stephanie O Joy, Esq
Stephanie O Joy, Esq
Soc. Sec. Attorney
Doctoral Degree
3,234 satisfied customers
Received a lump sum of $1853 lump sum benefit for my
Received a lump sum of $1853 lump sum benefit for my father's death, (I am their daughter, my mother has dimensia). She is currently on Medicaid, and that deposit plus the $255 death benefit, makes her over her monthly allowance. FSSA needs a letter stating that S.S. sent the lump sum & amount. They told me a couple of weeks ago, that it had been mailed, but I haven't seen it yet, and I need something by Monday for FSSA. Really can't lose her Medicaid benefits because of this lump sum deposit. She is residing in a nursing home, and needs the assistance. Please advise. Thanks - Deb ******* (daughter) … read more
Lane
Lane
JD, MBA, CFP, CRPS
Doctoral Degree
45 satisfied customers
If I received a lump sum from social security do i need to
if I received a lump sum from social security do i need to report that as incomee … read more
LawTalk
LawTalk
Attorney
Juris Doctor
3,065 satisfied customers
Disclaimer: Information in questions, answers, and other posts on this site ("Posts") comes from individual users, not JustAnswer; JustAnswer is not responsible for Posts. Posts are for general information, are not intended to substitute for informed professional advice (medical, legal, veterinary, financial, etc.), or to establish a professional-client relationship. The site and services are provided "as is" with no warranty or representations by JustAnswer regarding the qualifications of Experts. To see what credentials have been verified by a third-party service, please click on the "Verified" symbol in some Experts' profiles. JustAnswer is not intended or designed for EMERGENCY questions which should be directed immediately by telephone or in-person to qualified professionals.

Disclaimer: Information in questions, answers, and other posts on this site ("Posts") comes from individual users, not JustAnswer; JustAnswer is not responsible for Posts. Posts are for general information, are not intended to substitute for informed professional advice (medical, legal, veterinary, financial, etc.), or to establish a professional-client relationship. The site and services are provided "as is" with no warranty or representations by JustAnswer regarding the qualifications of Experts. To see what credentials have been verified by a third-party service, please click on the "Verified" symbol in some Experts' profiles. JustAnswer is not intended or designed for EMERGENCY questions which should be directed immediately by telephone or in-person to qualified professionals.

Show MoreShow Less

Ask Your Question

x