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Florida Public Benefits Questions & Answers
2 Answers | Asked in Gov & Administrative Law, Probate, Products Liability and Public Benefits for Florida on
Q: On a probate case do I get a lawyer from the state I reside in or from the state the probate is in?
Nina Whitehurst
Nina Whitehurst answered on Apr 22, 2021

You should hire an attorney licensed in the state where the probate case is. Theoretically you could find an attorney near you who is also licensed in the state where the probate is. For example, I live and work in Tennessee and am also licensed in Arizona and California and three other states.

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1 Answer | Asked in Copyright, Public Benefits and Social Security for Florida on
Q: Can I sue my lawyer for "withdrawal is failure to cooperate in good faith?"

I have been working with my lawyer for 1.5 years, and just as my disability retirement case is in the final stages (which looks like it won't be a winner), they decided to withdraw as my lawyer because they say I am not cooperating in good faith. Basically, the lawyer wanted me to submit my... Read more »

Elizabeth Fowler Lunn
Elizabeth Fowler Lunn answered on Apr 5, 2021

I’m sorry you had a negative experience with your attorney. Hire another attorney to handle your disability case if you don’t want to represent yourself. The issues with the forms from the doctor may have caused a problem with your case or it could be a the whole set of records don’t support... Read more »

1 Answer | Asked in Election Law, Gov & Administrative Law, Government Contracts and Public Benefits for Florida on
Q: My ex stated that she “had dirt” on me after I asked her to stop communicating with me. What can I do?

I stated today that I no longer wished to continue communication with my Ex. She stated that she did not plan on it so I took that as an agreement. I stated that if she continued communication I would pursue legal action and she said that she “had dirt on me too” when I never stated that I... Read more »

Charles M.  Baron
Charles M. Baron answered on Mar 15, 2021

You asked if it's a threat, but not all threats are illegal. If she is merely saying or implying, "If you sue me, bad things about you will be revealed", there's nothing unlawful about that threat. Of course, if she makes false statements to third parties that are damaging to... Read more »

1 Answer | Asked in Public Benefits and Real Estate Law for Florida on
Q: This is in question of a land grab through a private person, selling to a public entity, thus the public interest.

Can a partial release of an easement be acquired and not held against those whose actual property is not adjacent to the original easement in question?

Terrence H Thorgaard
Terrence H Thorgaard answered on Jan 14, 2021


2 Answers | Asked in Civil Rights, Election Law, Gov & Administrative Law and Public Benefits for Florida on
Q: DMV says I need a birth certificate to get photo ID, DOH says I need photo ID for birth certificate. What should I do?

My driver's license is expired. I tried renewing online and was told I needed to show a copy of my birth certificate. I do not have a "valid" copy of a birth certificate. For those who are not aware, the Florida DMV is currently in the same state of collapse as most of their other... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Aug 4, 2020

Are you indicating that you have neither? How old are you?

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1 Answer | Asked in Gov & Administrative Law and Public Benefits for Florida on
Q: Can DEO get away with not dispersing the $600 per week PUA money I qualify for?

I am eligible under the Care's Act for PUA as a 1099 worker. I was also eligible for unemployment as a 1040 worker. I received back pay for unemployment but not the PUA funds. The DEO is not communicating with me, and can not answer my questions, friends from other states have already received... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jun 10, 2020

No, DEO is not "committing fraud." Since DEO is the final decision-maker as to whether or not you are entitled to the extra money given to DEO under the CARES Act I strongly suggest that you stop fighting with them and just wait for the DEO bureaucracy to catch up with the thousands of... Read more »

1 Answer | Asked in Public Benefits, Social Security and Health Care Law for Florida on
Q: How do I go about appealing a denied disability case? I have Type 1 Diabetes and Severe Gastroparesis which impairs me.
Susan Michele Schaefer
Susan Michele Schaefer answered on Apr 27, 2020

Once you have a notice from the Social Security Administration (SSA) denying your claim for disability benefits, you have 60 days to appeal by stating in writing that you disagree with the determination that SSA made. You can find the forms used for appeal at... Read more »

1 Answer | Asked in Public Benefits for Florida on
Q: Our HOA bylaws were created in 1990 and filed with the State of Florida. What is required to turnover the association?

"The developer shall organiz the association. The board of directors shall consist of no more than 20 and not less than 3 directors. Prior to turnover the developer shall have the right to control the association and shall not be required to submit any matters to the members for a vote of... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Apr 18, 2020

Florida Statute 720.307 provides in pertinent part that:

"... —With respect to homeowners’ associations:

(1) Members other than the developer are entitled to elect at least a majority of the members of the board of directors of the homeowners’ association when the...
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1 Answer | Asked in Employment Law and Public Benefits for Florida on
Q: I was denied for unemployment because I quit my last job......but....

The end of Oct 2019 I was forced to quit my job at Pollo Tropical in Sunny Isles due to being evicted, my car being totaled, and having to move to my mom’s in Hollywood. I had spoken with my employer regarding the strong possibility I would need to transfer because I was on the verge of losing my... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Mar 25, 2020

If you make your unemployment insurance claim, chances are that you will be deemed to qualify.

1 Answer | Asked in Business Law, Entertainment / Sports, Intellectual Property and Public Benefits for Florida on
Q: Does our local Chamber of Commerce own our communities local "Pageant"?

We have a pageant that has been in our community for over 30 years! Its never been filed as an official entity or organization. It has always been ran by different volunteers within the community. I know for several years our local Chamber sponsored the pageant. Then there was a issue with... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Apr 1, 2020

You definitely need to consult with an attorney.

Anybody can own a pageant and call it anyway they want.

The question is whether it is exclusive, and if what you do, your work, is owned by somebody else.

Check if they ever signed or got a contract from somebody.

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1 Answer | Asked in Appeals / Appellate Law, Public Benefits and Social Security for Florida on
Q: Which site is legitimate? I know there are many scammers. I need a lawyer so I can appeal a denied disability claim

I know legitimate places exist for this but I am seeing sites saying their lawyers will help me with this and they are only entitled to payment if we win the appeal but I'm skeptical. I do not exactly know what I'm talking about but that just doesn't sound like something a lawyer... Read more »

Tim Akpinar
Tim Akpinar answered on Mar 30, 2020

You raise good points, but in the end, the only person who can ultimately make such an important decision is yourself. You will have to contact lawyers, and after speaking with them, decide for yourself who you prefer in terms of skill, experience, and your trust and confidence in them. Good luck... Read more »

2 Answers | Asked in Public Benefits, Social Security, Family Law and Elder Law for Florida on
Q: My sister has dementia and no funds other than social security. We are out of Florida and cannot help financially.

We have no idea of any financial particulars other than she has no outside income other than social security and we are not in a position to help

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Feb 9, 2020

Unless someone in your family steps up and gets involved you and the rest of the family might not like the outcome of this situation. Take up a collection and go find out what needs to be done.

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1 Answer | Asked in Legal Malpractice, Child Support, Civil Litigation and Public Benefits for Florida on
Q: How do I file a response to a motion from DOR for ridirection of payment?

I received a motion that my very bad attorney said nothing about and that was on the 5th and I went into the hospital for cancer surgury right after. My ex has been fraudulently receiving medicaid benefits while she has been running a lucrative side business and I have the PI reports. I have never... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Dec 25, 2019

Even if your attorney has moved to withdraw, she is still obligated to respond to this motion until her motion is granted. Condition your consent to withdrawal upon your being given sufficient time to find another attorney and for that attorney to respond to the pending motion.

2 Answers | Asked in Employment Discrimination, Employment Law and Public Benefits for Florida on
Q: Hello, I have a question about unemployment benefits in the state of Florida

I was working for a company and I got ill and I was not able to work for two months. My FMLA was exhausted and my short term disability claim was denied. My employer decided to terminate me after the two months. I filed for unemployment and the benefits were denied or the following reason: THE... Read more »

Kevin Sanderson
Kevin Sanderson answered on Oct 22, 2019

This is a hard area and the DEO changes its official and unofficial policies often. I would appeal the decision and attend the telephone hearing. Although at one point DEO tried to change their policy to say if you could not work due to illness you were ineligible, some hearing officers seems to... Read more »

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2 Answers | Asked in Civil Rights, Insurance Defense, Probate and Public Benefits for Florida on
Q: How can I get a lawyer to assist with getting homeowner's insurance to respond after Irma damage and or management?

It has been over a year already since Irma hurricane and my mother has yet received any services for the damages. Her case remains open but my day to day concern is that her inside roof is falling and at any time can collapse. The insurance tell me you need to contact your property management and... Read more »

David M. Goldman
David M. Goldman answered on Jan 7, 2019

Consult with a property attorney who deals with hurricane damage.

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1 Answer | Asked in Public Benefits, Social Security and Collections for Florida on
Q: Can social security benefits be garnished for unpaid out of state (New York) medical bills if a judgment is awarded?

My father is retired, lives in Florida and receives social security benefits. In 2015 At age 64(was on ssid) he was admitted to the ER in New York (state funded hospital) while on vacation for heart related issues. Had no insurance at the times as he had been placed on social security disability... Read more »

Barry W. Kaufman
Barry W. Kaufman answered on Oct 9, 2018

Generally, under Florida law, SSI cannot be garnished. However, without knowing why the NY AG sued him and because a state agency is involved, and not a private creditor, the benefits may be able to taken by other means. He should contact his county legal aid office to see if he can get some legal... Read more »

1 Answer | Asked in Public Benefits for Florida on
Q: I'm 16 and pregnant. Am I allowed to sign up for food stamps by myself? My moms trying to take them and call them hers

She says just because I'm pregnant that doesn't mean the food stamps would be mine. That I still live under her roof and that they belong to her.

Terrence H Thorgaard
Terrence H Thorgaard answered on Oct 9, 2017

I think your mother is right. She has the duty to support you and thus your food stamp application would probably be in her behalf.

1 Answer | Asked in Civil Litigation, Civil Rights and Public Benefits for Florida on
Q: If you are in a government program and you follow all the guidelines and do everything the program has asked and you

discriminated against and denied help and funds what can you what are your rights

Andy Wayne Williamson
Andy Wayne Williamson answered on Aug 19, 2017

There is simply not enough information to answer your question. Also. Your situation appears to be very fact specific as well. Your need to consult with an attorney in your area face to face.

1 Answer | Asked in Public Benefits and Social Security for Florida on
Q: My childrens father got ssi and is now incarcerated.. is there any help for me?

I am a single mom of 3, one of which is special needs, its only us. The only income I recieve is my sons SSI and that isnt much and of course SNAP/Medicaid. I don't have a vehicle or any source of transportation. I am currently staying with family but that is really hard also because its my... Read more »

Peter N. Munsing
Peter N. Munsing answered on Aug 4, 2016

I'm assuming if you got snap and MA they would have signed you up for aid to families with dependent children (ADC) if you haven't already got it. You should check with SSI to see as you are the caretaker relative for the child if you can get a spousal benefit. Otherwise talk to Legal... Read more »

1 Answer | Asked in Libel & Slander, Public Benefits and Criminal Law for Florida on
Q: Can a person be charged for threatening a food stamp recipient they will be turned in for selling their food stamps

Knowing the accusation is false and being done out of vindictiveness.

Peter N. Munsing
Peter N. Munsing answered on Aug 4, 2016

Well, depends on the "threat." If the person did sell their food stamps, then there is an element of extortion if certain things happen. However, the person who sold food stamps has some exposure.

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