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Q. about How Income and Resources Aff...

Social-Security-Disability-Forum » Q. about How Income and Resources Affect My Claim  

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Paul McChesney (Admin)

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Posted on Saturday, December 08, 2001 - 4:38 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Note by Paul This section is intended to deal with how the income of the family affects the amount of your SSI, or Supplemental Security Income, check. You might also look at the subtopics on the main page that start "Q. about Working."
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Linda J.

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Posted on Saturday, May 05, 2001 - 4:36 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

I have been on disability in South Carolina for many years. I am having problems doing things for myself and my son who is in the Air Force in Illinois has offered to take me in. He says he may be able to make me a military dependent. If he should pursue this avenue, will I lose my disablity benefits and SSI? Has anyone ever heard of or had experience in this area?
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Paul McChesney (Admin)

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Posted on Tuesday, May 08, 2001 - 3:52 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

If you or your spouse, or your parents if you are under 18, get income from any source, or if you are living for free in the household of another, your SSI benefits can be reduced, and sometimes eliminated.

One thing that helps is for you to try to show that you are paying your way by contributing to food and shelter expenses. If so, you might not be classed as living in the household of another, and not have your check reduced as much.

It is rare that income reduces Social Security Disability, however. If you receive worker's compensation benefits, or certain types of government retirement benefits, that can affect your check.


However,
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Suzanne

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Posted on Sunday, July 15, 2001 - 5:23 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

My husband has been receiving Social Security Disability benefits since 1996. I have been a stay-at-home Mom and have an opportunity to work outside of the home. My question is: how will my income effect my husband's SS Disability benefits? I remember once being told by the SS Administration that a spouse was allowed to make up to $9600 per year without it reducing the disabled spouse's benefits but I can't find any information about that at the SS website or any place else. I would like to know if there is a maximum amount of income that is allowed from a non-disabled spouse before the disabled spouse's benefits are reduced, offset or eliminated or can I have my own income without it affecting my husband's disability benefits? References to SS publications would be appreciated. Thanks.

Reply by Paul The amount of Social Security disability that your husband gets, and the amount that his children get under his check, are not affected by your income. Make as much as you can. If he were drawing SSI, which is a check paid to people who have not worked enough to qualify for Social Security Disability, his check would be reduced if you make more than a certain amount.

SSI checks come in a blue envelope, often come on the first day of the month, and have the letters SSI before the dollar amount. Social Security checks often come on the third, come in a tan envelope, and have the words Soc Sec for Ins before the dollar amount. If you have direct deposit, you have to ask the Administration which it is. Have him call 1 800 772 1213.

Take care.

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Janice

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Posted on Monday, July 23, 2001 - 10:08 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

I am looking for the same kind of information regarding California. Would the rules regarding a spouse's income be the same as in Carolina? We were once told that my husband made too much income for me to quality for Social Security Disability.

Reply by Paul That would be true if you are applying for SSI, but your husband's income will not affect your ability for Social Security Disability. However, you have to have worked enough to qualify for that.
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Bill Beers

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Posted on Wednesday, May 23, 2001 - 8:01 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

I have a friend who is on SSI. This person may receive a large sum (over $10,000) as part of a settlement of spousal support. She is concerned because she thinks that Social Security may "take" the money from her or cut her off SSI until she has spent the money at the rate of her monthly benefit, $676.

A local SSI attorney told her that if she spends the money on transportation, I. E. a better car to travel to her medical appointments or on housing I. E. buying a home, that Social Security cannot do anything to her benefit or her settlement money.

What are the rules in this type of case? Is the attorney correct? Any wisdom and advice appreciated.
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Paul McChesney (Admin)

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Posted on Friday, June 01, 2001 - 6:54 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

If she is truly drawing SSI, as opposed to Social Security Disability, she will certainly be disqualified for the month in which she receives the check. She can then put the money into various assets that the administration will ignore. The money should not be wasted, and you should put the money only in to exactly those assets that your attorney specifies.

One thing, though; are you sure it is SSI? If it is DIB, also called Social Security Disability Benefits, the money will have no effect on her check. To find out, look at a check, just before the dollar amount. If it says "Soc Sec For Ins," you are ok! Be sure, though!

Good luck.
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Debra Holland

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Posted on Friday, June 29, 2001 - 10:44 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

I'm receiving $500.00 per month from my SSD and $50.00 a month from my SSI check.

I just read somewhere that persons on SSI cannot have more than $2,000.00 in the bank at the beginning of each month.

For the first time in 11 years, I will have over $2,000.00 in the bank, but only over by about $500.00.

Will I be cut off from my SSI? While I certainly need this $50.00 a month, It is imperative that I keep the medical benefits of medicare that are paid for by the SSI part.

I did earn this money over a period of six months, but I would not consider this gainful imployment. (it was quite a few "buy low sell high" transactions on ebay, is how I got the money)

It will be the first of the month in two days. I guess until I find out, I'll take the overage out of the bank and bury it under my mattress or in the back yard.

What is the law when one receives both SSD and SSI?

Reply by Paul:
Excellent question. Don't bury it, but don't keep it in the bank, either. There are a lot of "exempt assets" that you can put it in to. The best is your house if you are buying one. Just make some forward payments on the principal. Or do the same on any car payments, provided you don't have an expensive one. There are lots of other things you can put it in to. Don't waste it and don't hide it. If neither of those things work talk to a good attorney. Resources is a problem that a good attorney can almost always solve. Take care.
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fundraiser

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Posted on Wednesday, August 01, 2001 - 12:17 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

I am raising funds for someone who receives SSI in need of a serious transplant which has not yet occured. Would this interfer, with SSI income requirements?

If so, are there anyways around this?

Reply by Paul: Excellent question! Don't give the person any of the money, if they are receiving Medicaid or SSI. If they are receiving Medicare or Social Security Disability, it is ok.

There are things you can do with the money. Contact an estate planning attorney or a Social Security attorney in your area. This work is a little specialized, so you will have to hunt around, but with proper planning, the person can get the benefit of the money without affecting his SSI or Medicaid.
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ALEX RICHARDSON

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Posted on Thursday, March 29, 2001 - 8:08 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

I AM DISABLED,I RECEIVE SSI AND Social Sercurity,I AM WANTING TO BUY LAND HOW WILL THIS AFFECT THE AMOUNT THAT I RECEIVE? SHOULD I GET LEGAL HELP? DO I HAVE TO LIVE ON THE LAND? PLEASE NEED HELP IN TEXAS!
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Paul McChesney

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Posted on Friday, March 30, 2001 - 6:43 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Owning land might affect the amount of SSI you receive. If you live on it, and it is considered a part of your residence, it will not count.

Ownership of land will not affect Social Security benefits.
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Mike Beale

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Posted on Monday, May 28, 2001 - 1:48 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Hello: A friend of mine is eligible for Social Security but has not yet applied. She has recently suffered a heart attack that is likely to qualify her for Supplemental Security Income except that she has $40,000 in the bank. Is there any legal means of disposing of the income through: gifts to the family over a period of time, I believe I read it is OK to arrange funeral expenses but am uncertain if there is a set amount, perhaps purchasing a primary place of residence (she now rents), etc.? Just trying to find out what is allowed (if anything), I cannot find anywhere that answers this specific a question. Thank you
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Paul McChesney (Admin)

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Posted on Friday, June 01, 2001 - 7:15 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Mike, this is a complex question; there are a lot of ways to handle this problem. She should sit down with an attorney before she takes any further action.
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Jane Jorgensen

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Posted on Thursday, June 21, 2001 - 4:13 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

SSI possible? I have a grandson who is "developmentally delayed", otherwise undiagnosed. He has a severe speech problem, minor physical problems and is receiving speech therapy and occupational therapy through the school. He is 8 years old and working at the Kindergarten level in a special self contained class. This is his fourth year in school with special services. I personally think he has mild Cerebral Palsy, the latest Doctor suggested testing for Lead poisoning since his mother did soddering on her job when she was pregnant with him. He lives with me, his parents and 3 siblings in my home. I am self employed with a very small income. Their family income hovers at the poverty level. The children are presently on medicaid and have been on it continuosly for the past year. Previous to this they were sometimes eligible for medicaid and othertimes not, they have often had no medical insurance which is why we are only working towards a diagnosis at this time. Would my grandson be likely to qualify financially for SSI? Should my income be included as Household income, or should only his parents income be considered? My only asset is my home, which has a mortgage. If he is eligble for SSI could it throw him and his siblings off medicaid? Thank you for any clarity you can give to this situation.

Reply by Paul
Since you did not give your state, all I can say is maybe; contact an attorney in your state or contact legal aid. My guess is that he will qualify financially, and that it will not affect Medicaid, but you should not rely on my guess.
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doug

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Posted on Wednesday, July 18, 2001 - 5:20 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

I have Apprx. $6000. in the california retirement
system(cal pers)and Im drawing SSI(maybe SSDI ?).
Whould my benifits be hurt if I withdrew my retirement?I would loose about $2200 in penaltes
already,but I need a car.I live in california.

Reply by Paul SSI is a needs based benefits; if you have money, they won't pay you. But they ignore the value of certain items, such as an inexpensive car. You can own an inexpensive car and still qualify. However, withdraw and spend the money in the same month; for that month and that month only, you will be disqualified.

SSDI is the Administration's code for Social Security Disability (Benefits) Insurance, which most people call Social Security Disability. If you are disabled and have worked enough, you can draw this no matter how much money you have.

To find out which you have, call 1 800 772 1213 and ask. If you do not have direct deposit, you can look at the envelope your check comes in. If it is blue, you are getting SSI; if tan, Social Security Disability.

I should, but frankly do not know if money in the California retirement system is counted as a resource for SSI purposes.

Take care.
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cesar eyzaguirre

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Posted on Wednesday, November 14, 2001 - 11:10 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Hi, I'm 22 years old living in New Orleans, Louisiana. I've been on SSI for $530 for a little over three years, have been seeing a psychotherapist and am not on any medications. I have a serious problem and have no idea of where to go to look for help with it. I have a diagnosis of OCD and Social Phobia/Panic attacks. I'm fixing on getting a possibly two really well paying jobs that would allow me to work in an environment that would be suitable according to my mentall illness. Would this affect my receiving SSI? Should I wait until after January to get the two jobs? Should I go into it gradually as in working in one job part-time then moving gradually towards both? I also am attending a community college and plan on transferring to a four year university. I have held jobs that I've had to quit after a short time because of panic attacks, the same goes for the school. This is a problem with alot of factors that complicate it and I have no idea where to start to get sound advice. If you are unsure of how I should deal with this, please tell me who I should contact in this matter. Thankyou


Reply by Paul This is a very difficult question to answer. I cannot say what you should do. I can say these things:

1. As your monthly income from any source goes up, your SSI goes down.

2. The formula is a little complicated; but as your income increases, your SSI will eventually decrease to 0.

3. It is extremely important that you report any earnings, AND BE ABLE TO PROVE YOU DID SO! Get a receipt, or clocked in copy, or certified mail your report.

4. As the Administration tries to estimate what your earnings would be, you tend to get into an overpayment situation.

5. If your SSI goes to zero, in the states I work in your Medicaid is cancelled; but if you go to Social Services and ask that it be restarted, you can get Medicaid up to a higher level of income. I don't know if this works in Louisiana.

6. If your income stops within a year of when you last got an SSI check, your check is supposed to automatically start back. After a year, you have to re-apply, which can take a really long time.

7. Work activity tends to invite review of disability. Steady work tends to prove you can work. Erratic work tends to prove you can't. The effect of whatever pattern of work you produce is very hard to predict.

8. If you can turn yourself into a highly desirable employee by getting an education in a field that is high demand, in which not just anyone can get a degree - my favorite example is Registered Nurse, though that might not be right for you - employers tend to overlook impairments and hire despite them.

9. In general, if I were in your situation and had a choice between work and education, I would take education. Work provides an income right now, but you have that from SSI. Education provides higher employability in the future. Who knows if you will have SSI then. This is only a rough rule!

10. If you can get sponsored by Vocational Rehabilitation in your education effort, there is a chance that Social Security would have to let you finish before they cut your check off, if they review you.

Take care and good luck.
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kimloantran

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Posted on Tuesday, November 13, 2001 - 11:26 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

I live in California State. I ask a question about SSI for my younger brother. My younger brother has been suffered with a cancer desease and has been treating and paid by Medical. But he was sponsored to the U.S by my older brother in May 2001.( signed form I.864)
I would like to ask if my younger brother qualifies for receiving SSI without affect to the financial situation of my older brother or not?

Thanks a lot for your help and your early reply would be appreciated.

Kim T.

Reply by Paul Let me restate your question and then try to answer it. That way I will be sure I understand it.

Question: Assuming that my older and younger brother are living together, and assuming that my older brother is my younger brother's sponsor, and that my younger brother is disabled, will my older brother's income keep my younger brother from drawing a check?

If that is the question, the answer is, probably your older brother's income will not prevent your younger brother from drawing a check. If your younger brother is living in his home for free, it might reduce the check, but that can probably be corrected.

To raise a question you did not ask about, not all aliens are eligible for SSI, and your younger brother might not be eligible for that reason.
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Mary Kennedy

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Posted on Wednesday, January 09, 2002 - 2:03 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

I have been receiving social security disability and medicaid for about one year. If I worked a minimum parttime, will my eligibility be affected? Also will my eligibility be affected if my name was added to my ex-husband's assets? We are currently living together and I pay $400 monthly for rent. I want to protect myself if anything happened to him. He is 53 and I am 59. My name would show as part owner on his l998 truck, a trailer worth $5,000 and some other assets. Would it be more beneficial to establish a joint Will instead? Thank you.
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Paul McChesney (Admin)

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Posted on Friday, January 11, 2002 - 6:11 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Please click here to go to the page of the forum that should answer your question about trying to work while you are disabled.

You say you are receiving Social Security Disabilty. If this is so, you should have no problem with what property you own; the Administration does not care.

However, if you are getting SSI, the Administration considers both your assets and any spouse with whom you live.

You imply a seperate question of whether it is better if you get him to will you property, or whether it is better to have your name on it, as far I guess as control of the property and right to inherit. That is a question of your state's law, and I don't know the answer to that.
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John Peterson

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Posted on Friday, February 15, 2002 - 1:15 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

I have been approved for SS disability and my checks are due to start in June 2002. If I withdraw money from an IRA or 401K, will that have any effect on my SS disability check?
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Paul McChesney (Admin)

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Posted on Friday, February 22, 2002 - 5:02 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

John, it should have no effect on a Social Security Disability check. But most people mix up SSI and Social Security Disability, and it can have an effect on an SSI check. The SSI program considers your income and resources.
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Sonny Beam

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Posted on Wednesday, April 03, 2002 - 5:59 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

I have a friend who receives an annunity that is not taxable, but it is not enough for him to live on. And he has not been able to work since his accident that he receives the annunity from. Is this income that has to be reported for SSI?
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Paul McChesney (Admin)

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Posted on Saturday, April 13, 2002 - 5:43 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

An annuity will be considered unearned income for purposes of calculating SSI benefit amounts, and will serve to reduce the check.

If the reduction is significant, sometimes you can convert it to an exempt asset and thereby avoid the offset. Don't try this on your own; get an attorney, and a fancy one at that.

If his check is Social Security Disability, the annuity will have no effect on the check.
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Marge Daniele

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Posted on Wednesday, April 24, 2002 - 3:47 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

If someone recieves a life insurance settlement
from his deceased father, and is on SSI does he
have to claim it? Is it considered a gift? Will
it effect the amount of his SSI check?
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Paul McChesney (Admin)

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Posted on Saturday, April 27, 2002 - 7:53 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Once you have the money, it is certainly counted, and if the sum is large enough it will disqualify you for SSI.

If you have received it, you might be able to avoid further disqualification by transferring it to an exempt asset in a very careful way. You need a lawyer for this! If you transfer it in the wrong way, you might get the worst of both worlds - you might not have the asset, but the Administration might count it as being yours and disqualify you anyway!

Whether you can decline a gift is a question of state law that you would have to get a local attorney to answer. But it is something that you should look into.
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Gail

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Posted on Monday, April 29, 2002 - 4:01 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

I have a similar question then. When my Father passes away I will inherit some money from his estate. Will my Social Security Disability also be cut off? I don't have the kind of Social Security that depends on my income levels. It will be in the form of his house which will be split three ways between my siblings and whatever money he might have in CD's and in the bank.

Thanks!
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Paul McChesney (Admin)

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Posted on Saturday, May 04, 2002 - 9:31 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

If you are drawing Social Security Disability, your check will not be affected. If you are drawing SSI, it might or might not be, and your should get an attorney to look at his will right now.

I would warn you that about a third of the folks I represent are confused about which one they draw.
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Patty Rosilyn Curtis

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Posted on Monday, March 18, 2002 - 10:53 pm:   Edit Post Delete Post View Post/Check IP