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Questions Answered by Jake Causing Santos

1 Answer | Asked in Social Security for Indiana on

Q: If you are approved for state disability medicaid in indiana can it help your disability claim with ssdi?

Jake Causing Santos answered on Jun 4, 2012

I practice in NJ so I am not familiar with Indiana's regulations but the general rule for Social Security is they are not bound by disability determinations made by other government agencies. However, I have in the past used other government disability determinations as additional evidence to... Read more »

1 Answer | Asked in Social Security for Texas on

Q: When does social security run out

Jake Causing Santos answered on Jun 4, 2012

You will have to clarify your question since Social Securtiy administers multiple benefits, but if you are referring to Social Security Disability benefits based on your own work record, then benefits continue so long as you continue to meet Social Security's definition for disability (which... Read more »

1 Answer | Asked in Social Security for Texas on

Q: Does Chronic Constipation qualify for SSDI for Child?

My Son has Chronic Constipation and ADHD. We have applied for benefits. Because his ADHD is sort of controlled with medication (he still struggles but makes good grades) I am worried his claim will be denied, despite his frequent health problems due to constipation including 3 hospitalizations in... Read more »

Jake Causing Santos answered on Jun 4, 2012

Any medical conditions for children can be found to be disabling. However, the medical conditions must result in marked or extreme limitations. Based on the information you provided, two hospitalizations in two months could be extreme if the medical records show that frequent hospitalizations are... Read more »

1 Answer | Asked in Civil Litigation for New Jersey on

Q: Is suing for return of security deposit considered contract or tort

Jake Causing Santos answered on Jun 4, 2012

That is a contract claim, plus NJ has specific laws that cover security deposits.

1 Answer | Asked in Consumer Law for New Jersey on

Q: What steps should I take against fraud committed by my landlord.

Jake Causing Santos answered on Jun 4, 2012

Unfortunately, this question is too vague. What makes you believe that your landlord is engaging in fraud?

1 Answer | Asked in Bankruptcy for New Jersey on

Q: I am unemployed and no money to pay debts are there lawyers who will help me file bankruptcy paperwork pro bono?

Jake Causing Santos answered on Jun 4, 2012

Legal Services of NJ (http://www.lsnj.org/) may be able to provide assistance. Also the local law school may run a bankruptcy clinic for individuals with low incomes. In NJ, the law schools are Rutgers Newark, Rutgers Camden, and Seton Hall in Newark.

1 Answer | Asked in Uncategorized for New Jersey on

Q: How years it takes to become a lawyer

Jake Causing Santos answered on Jun 4, 2012

In NJ, you have to complete college and 3 years of law school (if you are in school full-time) or 4 years of law school (if you are in school part-time). Then you have to pass the NJ Bar Exam.

1 Answer | Asked in Family Law for New Jersey on

Q: Im trying to locate a lawer to talk about my 11 mth old son. he's tangled up w/ the state. is thier help on the way.

Jake Causing Santos answered on Jun 4, 2012

You may be able to find an attorney to contact from the directory on this website justia.com, your local county bar association, or if you have a low income, Legal Aid Services of NJ.

1 Answer | Asked in Family Law for New Jersey on

Q: My brother who is 24 and mentally challanged has been abused and we need to get guardianship over him, but have no help

Jake Causing Santos answered on Jun 4, 2012

You could file a complaint with the local police department but you will have to have some way to substantiate your claim of abuse.

If the abuse was from a healthcare worker, you may be able to file a complaint with the agency that employed the worker or file a complaint with the State if...
Read more »

1 Answer | Asked in Employment Law for New Jersey on

Q: If employer disagrees with employee's claim of hours worked but employer lacks records, does the employee win?

Jake Causing Santos answered on Jun 3, 2012

That question can go both ways. Can the employee prove how many hours the employee worked? I am not aware of any default rule in such scenarios but employers are typically required to make reasonable efforts to document an employee's hours worked for wage and hour purposes if the employee is paid... Read more »

1 Answer | Asked in Employment Law for New Jersey on

Q: I was fired 8 days after returning from a fmla leave, Is this a violation of americans with disabilities act?

Jake Causing Santos answered on Jun 3, 2012

Generally, if you were fired for a reason that had nothing to do with you taking leave and had nothing to do with your medical conditions, then this is not a violation of the ADA. Whether ADA even applies though can depend on the size of your employer.

NJ is an employment-at-will state,...
Read more »

1 Answer | Asked in Real Estate Law for New Jersey on

Q: My sibling's lawyer tells me he will not communicate with me as a pro se. The issues are simple, so can I force him to?

The issue concerns the proper probating, and dividing of real estate we received after our final parent passed away. It's been months since the death, and I want to mutually hire an attorney who will assist us in doing this, but he hired an attorney who abruptly stopped communicating and insisting... Read more »

Jake Causing Santos answered on Jun 3, 2012

I am not sure what you mean by a "sanitized partition". However, if you are referring to trying to obtain copies of documents that are in your sibling's possession, if you are already in Court, then you can file a motion with the Court (with a copy to your sibling's attorney) to demand a copy of... Read more »

1 Answer | Asked in Real Estate Law for New Jersey on

Q: Does an easement expire when property is sold to other then a family member. Is there a time limit for its use.

Jake Causing Santos answered on Jun 3, 2012

It depends on whether the easement was recorded in a document filed with the County Clerk. It depends on whether the easement is necessary for the new owners to be able to enjoy use of the land. For example, if the easement grants use of a road across a neighbor's property to get to the new owners... Read more »

1 Answer | Asked in Real Estate Law for New Jersey on

Q: If the seller is constantly delaying a closing, isn't there a law that can mandate the seller to close on a a given date

My children have a contract to purchase a home in N.J. The original closing date was march 15th, and the seller asked to postpone it until til mid April. That was agreed upon by both parties as the mortgage commitment is still valid until the 16th of April. Now they are telling my children that... Read more »

Jake Causing Santos answered on Jun 3, 2012

What your children's rights are depend on the terms of the contract, but generally, if all the contingencies have been satisfied and the delay is solely due to the sellers, your children may be able to demand a firm closing date on the basis of "time of the essence". However, this does not... Read more »

1 Answer | Asked in Real Estate Law for New Jersey on

Q: Sold a home, new owners are threatening a lawsuit.they say we didnt disclose an issue.not true.do they have a claim?

The owner found an internal chimney issue which we knew nothing about as we ourselves never had anyone inspect the inside of the chimney. They had an inspection but their inspector did not find this issue. Do they have a case? The sale was less than 30 days ago.

Jake Causing Santos answered on Jun 3, 2012

They might have a case but it may not be a strong case. It depends if they can provide proof that you could have or should have known about the chimney defect before the closing. This is general information and not a substitute for advice from an attorney that has had an opportunity to review all... Read more »

1 Answer | Asked in Real Estate Law for New Jersey on

Q: I requested a showing of a for sale by owner home. When I hit the website button (request showing) a realtor contacted

Me. No contract signed with her. Do I owe her a commission if I purchase the home?

Jake Causing Santos answered on Jun 3, 2012

Traditionally, in NJ, sellers pay the full realtor commission. However, if you made some statement that could lead the realtor to believe that you had a verbal agreement to pay part of the realtor's commission, then you may have a verbal contract with the realtor. This information is general in... Read more »

1 Answer | Asked in Contracts for New Jersey on

Q: I drew a loan agreement with a friend, but he has now moved back to india without repaying my loan. How do I proceed?

I loaned him roughly $45000, and I was notarized letter to prove this. Since then he has moved back to India, and now refuses to pay me back. I was in touch with him till February 2011 and now he doesn't respond to my calls. I know of his where abouts in India and can track him down. Is there some... Read more »

Jake Causing Santos answered on Jun 3, 2012

You could file an action in NJ and see if the Court will enter a judgement against your friend, but if your friend does not have any assets remaining in the U.S., then you may have to take the judgement to a court in India to make it enforceable against the assets that are in that country or you... Read more »

1 Answer | Asked in Contracts for New Jersey on

Q: I loaned a friend $4000 from my 401K. We had a verbal agreement but nothing in writing.

He promised to pay me back and I agreed. I do not have it in writing however I have numerous text messages where he asked for the loan, promising to pay me back and us speaking about the loan itself. I also have messages where he refers to the 401k check coming in the mail. Are these text messages... Read more »

Jake Causing Santos answered on Jun 3, 2012

The texts and the message from your friend are probably admissible in court to prove the existence of the loan. Other useful evidence would be testimony from other people that were present when you made the verbal agreement. Evidence showing that you actually gave the money to your friend (such as... Read more »

2 Answers | Asked in Contracts for New Jersey on

Q: Is there any case law in NJ regarding the intentionally forcing a party to breach a contract

Jake Causing Santos answered on Jun 3, 2012

If you are referring to a third party intentionally taking actions so one party would breach a contract, then this is frequently referred to as "tortious interference with contract" or "tortious interference with a business relationship". You can try to use these keywords to search for more... Read more »

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1 Answer | Asked in Contracts for New Jersey on

Q: Without a written contract, does partial repayment of a loan indicate there was a verbal contract for the loan?

Jake Causing Santos answered on Jun 3, 2012

The partial repayment of the loan can be used in court as one piece of evidence to help prove the existence of a verbal agreement between the parties.

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