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Public Benefits Questions & Answers
1 Answer | Asked in Municipal Law and Public Benefits for New Hampshire on
Q: We lost our place to live. We are paying for a hotel but it is my whole paycheck. Does the city welfare have to help us?

We got the room for $114 each night. My husband's health isn't good so we can't go into a shelter he has a service dog.

Tim Akpinar
Tim Akpinar
answered on Feb 3, 2023

A New Hampshire attorney could advise best, but your question remains open for three weeks. I'm sorry for your difficult situation. Here is a link to New Hampshire Legal Assistance.

https://www.nhla.org/legal

One of the categories they list under their legal assistance programs...
Read more »

1 Answer | Asked in Public Benefits for Tennessee on
Q: Is there an IDA application available in Madison County Tennessee?

I am interning at a nonprofit and was looking into IDA applications as a resource for clients. I have found applications from other states, and have found reference to them in Tennessee code 71-3-1001, yet cannot find an actual application or mention of them outside of that.

Henry Ambrose
Henry Ambrose PRO label
answered on Jan 25, 2023

Thank you for helping people.

I think what you are looking for is here: https://www.tn.gov/coverkids/coverkids.html

Keep up the good work.

1 Answer | Asked in Civil Litigation, Criminal Law, Federal Crimes and Public Benefits for Tennessee on
Q: Under Title 39 rule broken is 5 and 8 Is there away to get my gun license reinstated

Did go to court but was discontinued on both cases.

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jan 25, 2023

Your question makes no sense. Redo your question. There is a procedure in General Sessions Court to appeal the denial of a Handgun Permit.

1 Answer | Asked in Civil Litigation, Public Benefits and Health Care Law for Florida on
Q: Can psych offices legally agree to one contract rate with one insurance company then submit secondary claims to Medicare

Situation: Psychiatric Office has an agreed upon contracted rate with my wife’s insurance company for $81 a visit (she also uses the same office) they primary insurance company tells them to not collect anything else from the patient (no copay) THEN the office submits a claim to Medicare (even... Read more »

Charles M.  Baron
Charles M. Baron
answered on Jan 21, 2023

That office might be a Medicare fraudster (engaging in crimes), or this could be legitimate under the insurance policy and Medicare rules. You should first ask the office (in a friendly way) for its explanation for their billings, and if the explanation doesn't make sense, tell them so and... Read more »

1 Answer | Asked in Personal Injury, Education Law and Public Benefits for Oregon on
Q: I want to sue head start for kicking my son out because he has tourettes and called dhs on me 5 times before they kicked
Tim Akpinar
Tim Akpinar
answered on Jan 17, 2023

An Oregon attorney could advise best, but your question remains open for two weeks. I'm sorry for your ordeal. At this point, one option is to reach out to law firms to see if it's possible to set up a free initial consult to briefly discuss. In addition to your own attorney searches, you... Read more »

1 Answer | Asked in Public Benefits and Business Law for California on
Q: Need advice on requirements on unifying an unincorporated association with a public benefit corporation.

We are an unincorporated association with members that do philanthropic work in the community. We want to unify with our sister entity, a public benefit corporation which manages the property we and other community groups use for meetings. The members of the public benefit corporation are the... Read more »

Matthew Morris
Matthew Morris
answered on Jan 10, 2023

An unincorporated association does not need permission from the Secretary of State to give away its property and dissolve, but an unincorporated association that exists for charitable purposes almost certainly needs to get permission from the Attorney General's office. Groups that have assets... Read more »

1 Answer | Asked in Public Benefits and Business Law for California on
Q: What methods may a public benefit corporation in California use for member voting? Is in person plus mail in ok?

We need a quorum of 50% of members to pass a resolution. We may not have 50% available to vote in person. Is an email ballot to be mailed in and opened during the meeting sufficient?

Matthew Morris
Matthew Morris
answered on Jan 10, 2023

The law allows for voting by mail or email, but the question of whether a particular organization can take advantage of those methods depends on certain facts.

To start with "unless prohibited in the articles or bylaws, any action which may be taken at any regular or special meeting of...
Read more »

1 Answer | Asked in Employment Law, Gov & Administrative Law and Public Benefits for California on
Q: Is it legal in the US (California) for an employer to willfully allow undocumented workers to use someone else’s social?

Is it legal for an employer to knowingly allow employees to use someone else’s social, someone who has never step foot or worked for the employer, and have them on payroll? No, the employer isn’t sponsoring the current undocumented workers either.

Can someone provide me with actual... Read more »

Neil Pedersen
Neil Pedersen
answered on Jan 5, 2023

Yes it is illegal for an employer to knowingly employ those without the legal right to work in the US. However, you have no standing to bring a legal action. The law is to be enforced by Immigration/Homeland Security. The law is found in the Immigration laws, specifically the IRCA.

The...
Read more »

1 Answer | Asked in Personal Injury, Business Law, Health Care Law and Public Benefits for Mississippi on
Q: What kind of lawyer would i use for intercompany short term disability plan denial, admistrated third party sedgwick.

In 2022 I suffered a sudden onset of anxiety and depression after a bout with corona virus. With no known cause I began to go to doctors to try and seek out reason. After an MRI to evaluate my pituitary gland it was discovered that I had suffered at least two ischemic attacks(strokes) of the... Read more »

Damon Miller
Damon Miller
answered on Jan 2, 2023

Hello!

For your issue, it sounds like you would need to talk to someone like me who specializes in ERISA short-term and long-term disability claims. If I gather correctly, it sounds like your issue is that Sedgwick has denied the claim because the disability policy does not cover loss of...
Read more »

1 Answer | Asked in Personal Injury, Civil Rights, Public Benefits and Small Claims for South Dakota on
Q: Looking for a lawyer that takes pro Bono cases

Will tell if I can find a lawyer who takes pro Bono cases.

Tim Akpinar
Tim Akpinar
answered on Dec 27, 2022

A South Dakota attorney could advise best, but your question remains open for two weeks. You could go online and look up pro bono attorneys and legal aid attorneys. Personal injury, which is one of your chosen categories, is usually not handled pro bono. However, law firms typically handle such... Read more »

1 Answer | Asked in Estate Planning and Public Benefits for Virginia on
Q: I believe a high pension no cash out makes me ineligible for Medicaid. My state no Miller trust to live at poverty

Level which is undesirable. Will or living trust? Any Help with elder orphan status in law firms trustee holder. Executor, financial poa esp if not a solo law office?

Richard Sternberg
Richard Sternberg
answered on Dec 25, 2022

It is difficult for me to understand your question as written, but, in any event, there is no way to analyze your situation in any usable manner without reviewing your finances, the trust, and your state's Medicaid law. There are often means to qualify for Medicaid using special needs trusts,... Read more »

1 Answer | Asked in Estate Planning, Elder Law and Public Benefits for Maryland on
Q: How do I properly spend down funds to keep ssi/medicaid?

Good Evening,

My mother who receives medicaid and SSI saved up assets due to the fact that she moved into subsidized housing which only charged her 200 a month for rent. She currently has about 10k saved up in her account which is over the asset limit and I'm trying to spend the money... Read more »

Mark Oakley
Mark Oakley
answered on Dec 25, 2022

You may find this article helpful, although it is a bit dated (2011) and laws change:

https://www.specialneedsalliance.org/the-voice/utilizing-the-spend-down-option-to-maintain-ssi-andor-medicaid-eligibility-2/

To clear the whole amount you might purchase a special bed for her, one...
Read more »

1 Answer | Asked in Public Benefits for California on
Q: Is a California nonprofit public benefit corporation required to distribute a percentage of its assets annually ?
Matthew Morris
Matthew Morris
answered on Dec 3, 2022

It depends.

Let's start with one assumption: that there is no provision in the corporation's bylaws or other governing documents that requires distributions. If the governing body of the corporation has voted to require annual distributions, then the leadership of the...
Read more »

1 Answer | Asked in Civil Litigation, Health Care Law and Public Benefits for Texas on
Q: Is it appropriate if a big public hospital only let people pay parking fee using an app? Is it a discrimination?

Only accept payment using app

No credit card payment or human service at the gate

Only very simple instruction of payment at the gate and not very eye-catching

No payment instruction anywhere in the hospital, like inside elevator or entrance of building.

No payment... Read more »

John Michael Frick
John Michael Frick
answered on Nov 22, 2022

Many parking lots are quickly becoming pay by app. It’s easy. It’s convenient. It’s efficient.

I don’t see how it discriminates.

1 Answer | Asked in Public Benefits for California on
Q: How soon before an election date can candidates begin door to door canvassing?
James R. Dickinson
James R. Dickinson
answered on Nov 15, 2022

Are you planning your run? If so, find a local attorney to advise your campaign. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]

1 Answer | Asked in Federal Crimes, Social Security and Public Benefits for Kentucky on
Q: Is it legal in Ky for someone who has Medicaid and SSI but in a nursing home to sell property and a home.

Her daughter as her POA deeded everything to herself and sold it. Her mom just passed. We've reported the numerous times to local DCBS and nothing ever comes of it. It seems her daughter has friends in the DCBS who help her and ignore the complaints. I think it's wrong when so many people... Read more »

Timothy Denison
Timothy Denison
answered on Nov 1, 2022

The facts as you have set them out would seem to indicate it is not legal. Medicaid or SS are the only ones who might possibly be obligated to investigate. A decision would then be based on the findings of their investigation as to whether a crime has been committed.

1 Answer | Asked in Criminal Law, Civil Litigation, Libel & Slander and Public Benefits for California on
Q: Why isn't there a disclaimer before the start of Tucker Calson's show?

A federal judge dismissed a lawsuit against Fox News after lawyers for the network argued that no "reasonable viewer" would take the network's primetime star Tucker Carlson seriously.

Why isn't there a public disclaimer before the start of every show informing it's... Read more »

Dale S. Gribow
Dale S. Gribow
answered on Nov 1, 2022

i wonder the same thing.

it wouldn't hurt for someone with the means to take a crack at it.

it won't be cheap.

1 Answer | Asked in Public Benefits for Michigan on
Q: do i need consent to record meeting of non profit organization in a public restaurant in the state of Michigan
Brent T. Geers
Brent T. Geers
answered on Nov 1, 2022

Probably not. But you have to consider for what purpose you'd use the recording.

1 Answer | Asked in Elder Law and Public Benefits for Ohio on
Q: Can Medicaid seize grandma's house if elderly uncle is living in it?

My 88 year old grandma has late stage dementia and needs 24hr care. My uncle (age 65) has lived with her for 30+ years and also has early dementia and can't really care for her anymore, but is hesitant to move her to an assisted care facility because he's worried about becoming homeless... Read more »

Mary Ellen Leslie Esq.
PREMIUM
Mary Ellen Leslie Esq.
answered on Oct 26, 2022

If a doctor will confirm that without your uncle's care and assistance, your Grandmother would not have been able to continue living in her home, for as long as she was able to, your uncle should be allowed to continue to live in the home as long as he wishes. When he no longer needs to... Read more »

1 Answer | Asked in Public Benefits and Family Law for Georgia on
Q: I have an temporary cutody order in another state, how do I change jurisdictions

I and the other party have a temporary custody agreement, however, I and the child moved a year prior to the agreement being set in place. We've lived her for over two years now and neither I or the other party live in the county that set this order.

Regina Irene Edwards
PREMIUM
Regina Irene Edwards
answered on Oct 18, 2022

It's unclear what you are asking. If there is a case pending, it stays in that county until concluded even if you both moved.

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