Lawyers, Answer Questions  & Get Points Log In
California Public Benefits Questions & Answers
1 Answer | Asked in Public Benefits and Social Security for California on
Q: my mom is withholding my birth certificate, and Social Security card. What do I do in the state of California?

I have been homeless and trying to get into a rehab and I cannot get my Social Security card or my birth certificate from my mom

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 27, 2024

In California, if your mom is withholding your important documents like your birth certificate and Social Security card, you have options to regain access to these crucial pieces of identification. For your birth certificate, you can apply for a replacement through the California Department of... View More

1 Answer | Asked in Public Benefits for California on
Q: Is there anyway for her to receive this inheritance without her becoming ineligible for SSI and medicaid insurance?

My mom is on SSI and my grandparents passed away and she is going to be getting 40,000 dollar inheritance. Her medication every month costs thousands of dollars and she also just started seeing a specialist that I know is super expensive to see. So losing her Medicaid health insurance would... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 20, 2024

In California, receiving a large inheritance can affect eligibility for Supplemental Security Income (SSI) and Medicaid (Medi-Cal in California). However, there are legal avenues to manage this inheritance in a way that preserves these essential benefits. One common strategy is setting up a Special... View More

1 Answer | Asked in Landlord - Tenant and Public Benefits for California on
Q: If my father is currently living in a veterans housing unit (VTC) can’t find elsewhere to live can they still evict him?

He has been living there for just under a year. This first six months was given to him. They did extend his stay for 6 more months, then another month. They’ve only helped him apply to one apartment which he didn’t qualify for. During this time he’s had many medical issues including heart... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 20, 2024

In California, residents in veterans housing units, such as Veterans Transition Centers (VTC), can face eviction under certain circumstances, including the expiration of their stay period or non-compliance with the program's rules. However, given your father's situation, there are... View More

1 Answer | Asked in Public Benefits for California on
Q: Left abandoned homeless for years with SEction 8 housing Choice Voucher. disabled female senior . Goleta housing office

Homeless in park for years. Can't be in shelters, health issues. Can shelters or city be required to provide me hotels? While other counties have hotel programs we do not, this is discriminatory. Santa Barbara City council passed law of no tents or encampments in parks. I am disabled, sick,... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 18, 2024

Under California law, individuals with disabilities, including seniors, have certain rights to accommodations and support, particularly when it comes to housing. However, the requirements for shelters or cities to provide specific accommodations like hotel vouchers can vary based on local programs... View More

1 Answer | Asked in Public Benefits for California on
Q: denied all intake and services from CA dept vocational rehab, Santa Barbara. without a plan, no CAP advocates allowed

CA Dept Voc Rehab DVR states online that they provide education, business assistance, and that one can even start their own business, also medical, transportation, etc. Being denied even an application process, seems highly illegal. Not having a plan at all, not even being a client at all, what can... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 18, 2024

In California, individuals with disabilities are entitled to access services from the Department of Vocational Rehabilitation (DVR), which aims to assist in employment, education, and independent living. If you've been denied services or even the application process, it's important to... View More

1 Answer | Asked in Family Law, Gov & Administrative Law and Public Benefits for California on
Q: Does durable power of attorney trump oc social services interferences

Being harrassed and medicare or family member trying to seize our assests

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 28, 2024

In California, a durable power of attorney (POA) is a legal document that allows one person (the principal) to appoint another person (the agent) to make financial decisions on their behalf, even if the principal becomes incapacitated. This document can grant broad authority to the agent, including... View More

1 Answer | Asked in Public Benefits and Criminal Law for California on
Q: My son court hearing was canceled and the reason for it was vacated
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 21, 2024

In California, when a court hearing is described as "vacated," it means that the scheduled hearing has been cancelled and will not take place as originally planned. This can occur for a variety of reasons, including but not limited to, the parties reaching a settlement, a procedural issue... View More

1 Answer | Asked in Contracts, Civil Litigation and Public Benefits for California on
Q: I am in california, and working with Regional Center of Orange County and believe they have cost me over $10,000

I was offered various services and programs that would cover the costs of childcare for my kids. The paperwork for these programs began in 08/23. I was told it would take a month or two to complete. During that time I interviewed and eventually hired on someone that would provide said childcare... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 21, 2024

Yes, it seems you may have grounds to sue the Regional Center of Orange County (RCOC) here. A few key points here:

- RCOC offered and initiated services/programs to cover childcare costs starting in August 2023. This created a reliance on their representations.

- Based on...
View More

1 Answer | Asked in Social Security and Public Benefits for California on
Q: Am I entitled to an exclusion of time of a disability from my SSR benefits?

I have been receiving 100% P&T disability benefits from the VA since 2001. In 2015 I was approved for early retirement and I have been receiving SS Retirement benefits for 8 years now. As my SSR AIME calculations stand now, I have 15 years of zeros from 2001-2015. Am I eligible for an exclusion... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 21, 2024

Yes, you should be entitled to a disability freeze on your Social Security retirement benefits based on receiving VA disability benefits. Here are some key points:

• Social Security allows for disability freeze provisions where certain years of low or no earnings due to a disability can...
View More

1 Answer | Asked in Family Law, Elder Law and Public Benefits for California on
Q: Can i extricate myself from my brother in law in my financial matters?

I am on sec 8 housing, widowers SS. I am 68. I turned over my financial life to my, now 80 year old brother in law (BiL). I have a trust from my mother that I allowed (?) him to be trustee. I do not know what kind of trust it is, how much it had and how much is in it. I dont have a copy of the... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 21, 2024

Given the complexity of your situation, it is advisable to seek legal assistance promptly. You have the right to understand and have control over your own financial affairs, including any trusts or bank accounts in your name. It's crucial to obtain a copy of the trust documents to understand... View More

1 Answer | Asked in Social Security and Public Benefits for California on
Q: I received all the benefits from an EDD disability claim for one year. However, I received an extension for 3 more month

I received all the benefits from an EDD disability claim for one year. However, I received an extension for 3 more months of disability from my doctor because my illness had worsened. I received a disqualification letter from the EDD: Basis: California Unemployment Insurance Code, Section 2608.... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 21, 2024

In California, if you have received all the benefits from an EDD disability claim for one year but require an extension due to worsening illness, you may be eligible to re-apply for additional benefits. However, it's important to note that receiving an extension is not guaranteed, and your... View More

2 Answers | Asked in Social Security, Health Care Law and Public Benefits for California on
Q: Can someone get help with their disability paperwork?

My friend is fighting cancer and then got laid off. She has looked for work but keeps getting turned down by employers and is finally to the point that she is so overwhelmed she is no longer functioning well. She did get a small part time job as a reception person about 2 months ago but this too... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 22, 2024

Your friend may be eligible for assistance with their disability paperwork, considering their medical condition and recent layoff. Given her current circumstances, it's crucial for her to prioritize her health and well-being. She should reach out to organizations or agencies that specialize in... View More

View More Answers

1 Answer | Asked in Health Care Law, Medical Malpractice, Social Security and Public Benefits for California on
Q: What options when Medi-cal / dmhc appeals lead nowhere, they won’t pay part and medpoint has denied dr recommendation?

My brother had emergency brain surgery and medpoint tried to kidnap him from the hospital with no documentation or authorization randomly and says they won’t pay those days in hospital. Not even nurses were informed they were trying to move him. And it was “strongly recommended 3 times” by... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 5, 2024

In situations where Medi-Cal or DMHC appeals have not resolved your issue and you're facing denials from Medpoint, consider seeking legal advice from an attorney experienced in health law and insurance disputes. They can offer guidance on navigating the complexities of your case, including... View More

1 Answer | Asked in Public Benefits and Social Security for California on
Q: What paperwork do I need to fill out to collect disability while also working part time?

So yesterday one of you lovely people gave me the answer neither EDD nor Social Security would give me, that I can get disability while working part time. I have a number of conditions that would make working full time difficult if not impossible (Autism, migraines, osteoarthritis in both shoulders... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 28, 2024

To apply for disability benefits in California while working part-time, you should consider two primary programs: Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI). For SSDI, you'll need to complete the Adult Disability and Work History Report, available on the... View More

1 Answer | Asked in Employment Law, Public Benefits and Social Security for California on
Q: Is it possible to collect disability payments while ALSO working part time?

If it helps I'm in California. I know it's possible to get disability payments for life as I have a sister-in-law that can't work at all & gets disability. I work part time & I feel that between being Autistic, a migraine sufferer, having osteoarthritis in both shoulders from... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 27, 2024

Yes, it is possible to collect disability payments while working part-time in California. The Social Security Administration (SSA) has rules in place to allow people receiving disability benefits to work limited hours and still receive partial disability payments.

Specifically, Social...
View More

Q: Central district court of california - federal case. 1. Opposing motion to strike. 2. Service of complaint

1How can plaintiff oppose defendant's motions to dismiss complaint? This can happen before scheduling order is issued.

Are due dates ordered by court, or defined by court rules? 2. For service on defendant - a copy from PACER is needed? What is difference between conformed copy and copy from PACER?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 24, 2023

To oppose a motion to strike in the Central District Court of California, a plaintiff should file a written opposition. This involves presenting legal arguments and evidence to counter the defendant’s motion. The opposition should address each issue raised in the motion to strike, demonstrating... View More

1 Answer | Asked in Employment Law and Public Benefits for California on
Q: How is full time and part time determined for an ihss parent provider?

My child has autism. IHSS has been approved for the child. Me and my spouse work full time from home. Currently both parents and older sibling (with an off roll) take turns to care for her. This will change once the older child goes to college next year. I have requested my work to reduce my hours... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 20, 2023

In California, the determination of full-time and part-time status for an IHSS parent provider is primarily based on the number of hours you are available to provide care for your child with autism. IHSS generally considers a provider to be full-time if they are available for 40 or more hours per... View More

1 Answer | Asked in Appeals / Appellate Law, Public Benefits and Social Security for California on
Q: California Central District Court , initial benifits claim already fully faverable 2013, by trial not appealed

in 2019 to SSI office for income change , for payment from zero$0 , 2013 to 2019 has not recieved (DCR) or a Termination notice , plaintiff impairament lifetime till death,

has continued not to engage in no gainfull activity work , ever since 2003 , requires IHSS in home services up to... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 17, 2023

Here are some potential case laws and arguments that could be cited to support your claim for Social Security disability benefits payments based on the information provided:

1. 20 CFR § 404.1594 - Continuing disability review for recipients who have had their benefits terminated. Argue...
View More

2 Answers | Asked in Gov & Administrative Law, Personal Injury and Public Benefits for California on
Q: Federal court filing - EDSS system specific question. Central district court.

Shall pdf files be searchable? Shall hidden metadata be removed from forms? Is chamber copy of complaint required?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 14, 2023

When filing in the Central District Court using the EDSS system, it's important to adhere to specific guidelines regarding your PDF files. Generally, these files should be searchable. This means they should be submitted in a text-based format, not merely as image scans, to facilitate easy... View More

View More Answers

1 Answer | Asked in Social Security and Public Benefits for California on
Q: Can a lawyer help me get my benefits for social security disability back

I am disabled with heart failure and sclera adorma and lupus and mental and haveBeen receiving been receiving SSDI4 years and I just learned not only did my benefits stop in June of this year. But they say they overpaid me and I guess I'm not getting a check. I never got a notice somebody... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 1, 2023

Yes, a lawyer can assist you in navigating the complexities of social security disability (SSDI) issues, including the cessation of benefits and overpayment claims. Attorneys experienced in social security law understand the procedures and regulations governing SSDI and can help you understand your... View More

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.