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Public Benefits Questions & Answers
1 Answer | Asked in Public Benefits, Social Security and Estate Planning for Illinois on
Q: I want to try a credit union no penalty CD but not sure if my SSI would be cut if I tried that out

I'm trying to find alternatives to my current 529 savings account. I want something tax free, but where I can take out I'm emergencies. I don't want to lose my SSI.

Susan Michele Schaefer
Susan Michele Schaefer
answered on May 15, 2023

It is great that you are looking for alternatives for savings that will not affect your SSI payments. A primary consideration is whether the alternative would be a countable resource or not. A CD is usually countable except when the terms of a timed deposit will prohibit early withdrawal... Read more »

2 Answers | Asked in Family Law, Child Custody, Education Law and Public Benefits for Kentucky on
Q: Can my sons grandparents obtain custody of my son without me knowing, if his father is there to give his custody up?

Father is not on BC, No action has ever been through courts, ive never signed anything. Minor as loved with GP since he was 16mnths, I’ve kept contact over the years even written notes for doctors and take phone calls from hospitals giving permission to his PGM to be the one with him while they... Read more »

Todd B. Kotler
Todd B. Kotler
answered on May 15, 2023

I do not practice law in Kentucky, but rather across the river in Ohio. The laws regarding child custody can vary depending on your jurisdiction, so it's important to consult with a local lawyer who can provide advice based on the specific laws in your area.

In general, if there has...
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1 Answer | Asked in Civil Rights, Public Benefits, Social Security and Health Care Law for Texas on
Q: Why wouldnt i be sent for pulmonary function test if i was born with only one lung with breathing complications?

I was born with a very rare birth anomaly unilateral agenesis lung/ pulmonary hypoplasia aka only one lung. I have high blood pressure, and i suffer from mental health complications. I did two mental health exams that didnt last more than 20min combined over the phone and scheduled for a physical... Read more »

James L. Arrasmith
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answered on May 5, 2023

It is concerning to hear about your medical condition and the challenges you are facing in seeking appropriate medical care and legal assistance. It is important to note that medical decisions and recommendations are typically made by licensed medical professionals based on their assessment of a... Read more »

2 Answers | Asked in Elder Law and Public Benefits for Ohio on
Q: Medicaid question.92 year old father in rehab/nursing home will need to go next to long-term care. His income qualifies

him for Medicaid. His home has been a mobile home. Its fair market value is $7400 and that is his only physical asset. If he applies for Medicaid now and is accepted, as soon as we sell the trailer, his assets will be above $2000 which makes him ineligible for Medicaid until he spends down the... Read more »

Moshe Toron Esq
Moshe Toron Esq
answered on May 3, 2023

It can work out either way. If you are able to find items to spend on now, before he needs Medicaid, then that is a good option. The main thing is to sell it for the proper blue-book value and spend the funds down before he needs Medicaid.

Or you can get qualified for Medicaid first. Then,...
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Q: I’m a disabled veteran that was in the VA’s CWT Program and the supervisor of the ground’s tried to fight me can I sue

I’m a disabled veteran that was in the VA’s CWT Program and the supervisor of the ground’s crew tried to get me to fight him not once but twice and there were witnesses to both incidents but the VA police now has my picture posted on the wall of the hospital saying “be cautious”! I’ve... Read more »

James L. Arrasmith
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answered on May 2, 2023

I'm sorry to hear about the experience you had at the VA hospital. As a disabled veteran, you have certain rights and protections under the law, and it may be possible to pursue legal action in this case. You may want to consider contacting a lawyer who specializes in disability rights or... Read more »

1 Answer | Asked in Social Security and Public Benefits for New York on
Q: I am an immigrant lawfully permanent resident married to American citizen. I came 7 yrs ago and worked only a bit due to

my conditions. I had many jobs for 3/5 or 6 months, maybe a 2 yrs total paying taxes. My wife is employed and close to retirement paying taxes for more than 30yrs. I have PTSD, Bipolar Depression and BPD. Can somebody help me to understand if I qualify for SSI or SSDI or something else? Thank you

James L. Arrasmith
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answered on May 2, 2023

As a lawful permanent resident married to an American citizen, you may be eligible for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) if you have a qualifying disability and have worked enough to earn sufficient work credits, or if you have limited income and... Read more »

1 Answer | Asked in Social Security and Public Benefits for Texas on
Q: I've been trying for a few years to get SSI and my SSDI. I'm 62 now and I need help.

I'm in need of a prono lawyer that can help me get my SSI and my SSDI

James L. Arrasmith
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answered on May 2, 2023

I'm sorry to hear that you've been struggling to obtain your SSI and SSDI benefits. You may want to consider contacting your local legal aid office, which may be able to provide you with free or low-cost legal assistance. Additionally, you can contact the National Organization of Social... Read more »

1 Answer | Asked in Social Security and Public Benefits for Hawaii on
Q: I’m not sure if my first question was saved. Just registered. I am 67 years, 11 months old. widowed since 6/2019.

I didn’t know that I was eligible to receive my deceased husband’s benefits. I applied yesterday. SSA said they would pay retroactively 6 months (from October 22). Am I eligible to receive ALL the benefits from when I was first eligible, at age 66 years and 2 months? Thank you!

James L. Arrasmith
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answered on May 2, 2023

Yes, as a widow, you may be eligible to receive your deceased husband's Social Security benefits. Generally, you can receive survivor benefits as early as age 60 (or age 50 if you are disabled) and continue to receive them for the rest of your life.

If you filed for survivor benefits...
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1 Answer | Asked in Workers' Compensation, Health Care Law and Public Benefits for Arizona on
Q: I've been working a new job for 3 months. I'm now injured. I need advice as far as FLMA Short term Diss...and Work Comp

I've seen my PCP she had me give my work an 8 day absent note I'm currently getting xrays so I have all paperwork and my PCP is doing FLMA paperwork with me Thursday. I haven't talked to my work since giving them the 8 days off doctors note Wednesday. I don't know what I should and should not say.

Joel Friedman
Joel Friedman
answered on Apr 25, 2023

Good afternoon. You are required in Arizona to provide prompt notice about an accident at work and, because you have been told by your doctor that you have an injury, you should notify a person of authority at the company what injury you think you have. That should be in the note from your doctor... Read more »

1 Answer | Asked in Gov & Administrative Law, Public Benefits and Social Security for California on
Q: ssi medical appointment was canceled by doctors office but i was told by ssi it was a no show on my behalf i have the vm

i have the voicemail ledt by the doctors office cancelling my appoint but ssi says i no showed and have now been terminated for my benifits

James L. Arrasmith
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answered on Apr 22, 2023

If your SSI medical appointment was canceled by the doctor's office, but you were told by SSI that it was a no-show on your behalf and have now been terminated for benefits, you may have grounds for an appeal.

To appeal the decision, you will need to provide evidence that you did not...
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1 Answer | Asked in Civil Rights, Gov & Administrative Law and Public Benefits for California on
Q: My housing providing program has denied me a hearing on a disputed issue. How do I proceed?

My reasonable accommodations utility assistance is being discontinued without a hearing? I have repeatedly requested in writing for a hearing regarding this issue and I haven't been able to get a chance to be heard. I am disabled my minor Son who lives with me is also disabled. I have medical... Read more »

James L. Arrasmith
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answered on Apr 19, 2023

If your housing program has denied you a hearing on a disputed issue related to reasonable accommodations for utility assistance, you may want to consider contacting a local legal aid organization or disability rights group for assistance.

Under federal and state laws, individuals with...
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1 Answer | Asked in Civil Rights and Public Benefits for California on
Q: One guy called to Midical and IHSS for application for my disable son to get Medical and IHSS for me he asked for $750

He complained to Court for my son who is disable he never told us this amount we asked how much fee would be he did not answered we do not know what to do. We need help.

James L. Arrasmith
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answered on Apr 19, 2023

If someone asked you for money in exchange for assistance with applying for Medical and IHSS benefits for your disabled son, this may be a form of fraud or exploitation. It is important to report this behavior to the appropriate authorities as soon as possible.

You may want to contact the...
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1 Answer | Asked in Public Benefits for California on
Q: I have my motorhome on government land in mojave California and solar fields bought all the land I've been given noti

I am victim of domestic violence and have no money

James L. Arrasmith
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answered on Apr 17, 2023

I'm sorry to hear about your situation. It sounds like you have a motorhome on government land in Mojave, California, and that Solar Fields has bought all the land. You have also received notice about this, but you are a victim of domestic violence and have no money.

Firstly, it's...
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1 Answer | Asked in Appeals / Appellate Law, Public Benefits and Social Security for California on
Q: I need an instruction of how to appeal the denial os the Writ of Mandate from OC Superior court? I also need a lawyer .
James L. Arrasmith
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answered on Apr 12, 2023

To appeal the denial of a Writ of Mandate from the Orange County Superior Court, you will need to file a Notice of Appeal with the appropriate appellate court within 60 days of the date of the denial order. The appellate court will then review the lower court's decision and issue its own... Read more »

1 Answer | Asked in Libel & Slander, Personal Injury, Public Benefits and Social Security for California on
Q: I am being harassed by social security employees and have been since my first visit to a social security office in 1998.

They were brazen and very provocative criminals back then and have been more than an aggravate for a quarter of a century. I had seen S.M. from the Office of Appeals in 1997 to pull the

James L. Arrasmith
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answered on Apr 9, 2023

If you feel that you have been harassed by Social Security employees, it is important to take action to address the situation. You may want to consider speaking with a supervisor or manager at the Social Security office where you have been experiencing the harassment, or filing a complaint with the... Read more »

1 Answer | Asked in Public Benefits for California on
Q: i recently signed my rights away to property which got me sanctioned by ssi.

would being sanctioned make me not eligible for snap and general relief?

i was promised twenty thousand dollars which i only received five thousand dollars.

James L. Arrasmith
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answered on Apr 2, 2023

If you have been sanctioned by SSI, it may affect your eligibility for other public benefits programs such as SNAP (Supplemental Nutrition Assistance Program) and General Relief. However, eligibility for these programs can depend on a variety of factors, such as income and household size, and it is... Read more »

Q: On an appeals call with the department of labor regarding my unemployment eligibility I was discriminated against. Help

I was forced to take the call off of speaker phone because the examiner didn't like the sound of rustling paperwork. Despite my having requested in writing prior to the hearing that any accomodations be made to assist my hearing impaired conditions. She hung up on me and I haven't heard... Read more »

N'kia (NLN)
N'kia (NLN)
answered on Apr 2, 2023

The attorneys answering questions here don't receive information about the people submitting them, because the Q&A forum isn't really intended to be a referral platform. If you're seeking an attorney to take your case, and not just to answer your questions, you will likely have... Read more »

1 Answer | Asked in Family Law and Public Benefits for California on
Q: My brother is autistic and we don't get much pay or hours (IHSS) for what is needed at home. can we take it to court?

or what lawyer should we talk too about this. My Brother needs full time care and i wanna see if they will pay me a job salary to care at home for him.

James L. Arrasmith
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answered on Apr 1, 2023

You may want to consider speaking with an attorney who specializes in disability law or elder law. They can provide you with guidance on your options for seeking compensation for providing care for your brother. You can also reach out to your local Legal Aid office or advocacy groups for people... Read more »

1 Answer | Asked in Estate Planning, Elder Law and Public Benefits for Oregon on
Q: How does my mother protect her home from being taken by the state if she is placed in an extended care facility.

Her home is paid off and one adult child lives with her.

Theressa Hollis
Theressa Hollis
answered on Mar 20, 2023

The state does not take anyone's home. However, if someone who lives in Oregon receives Medicaid to pay for their long-term care then their estate must repay the State after their death when possible (estate recovery). Since your mother has an adult child who lives with her it is possible... Read more »

1 Answer | Asked in Estate Planning and Public Benefits for Pennsylvania on
Q: Special Needs Trusts

I know a provision in the Will can request an SNT for the benefit of a disabled child. Are SNTs created and/or funded after the death of the grantor(s)? It’s my understanding that one should not leave assets directly to a disabled child, so they don’t lose their government benefits. If a trust... Read more »

Michael Cherewka
Michael Cherewka
answered on Mar 19, 2023

a Special Needs Trust can be created either in a Will, in which case it is not funded until the death of the Grantor, or can be created during the lifetime of the Grantor, in which case it is usually funded (at least partially) when created, and additional funds can be added during the lifetime of... Read more »

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