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1 Answer | Asked in Personal Injury for Kansas on
Q: Can you refer me to an attorney that represents cases involving illness caused by mold negligence?

Water damage - ServPro - HVAC

Tim Akpinar
Tim Akpinar
answered on Dec 12, 2024

A Kansas attorney could advise best, but your question remains open for two weeks. You ask for an attorney referral. This forum doesn't work like a referral service - the format here is limited to quick Q & A. There are attorney referral sites out there. The closest thing here would be the... View More

1 Answer | Asked in Consumer Law and Social Security for Kansas on
Q: Why would my SSDI case go to an individual to see if I still qualify for non-medical SSDI after the judge's hearing?

I was denied supplemental security insurance after the hearing.

James L. Arrasmith
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answered on Nov 24, 2024

After a hearing, Social Security may review your non-medical eligibility for SSDI even if you were denied SSI benefits. These reviews look at factors like your income, work credits, and other financial aspects that could affect your qualification status.

The person conducting this review...
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1 Answer | Asked in Contracts, Family Law, Real Estate Law and Civil Litigation for Kansas on
Q: My deed to my home was in a safety dep.box my sister got the key and took it ,so I need a replacement?
Anthony M. Avery
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answered on Nov 18, 2024

Hopefully it was already recorded. If so, then just get a copy of the recorded deed at the Courthouse. An original deed rarely has any significance.

1 Answer | Asked in Bankruptcy and Real Estate Law for Kansas on
Q: Do I have a case for Real Estate Agent fraud?

I hired an RE agent to sell the property, but no offers came before the FC date. I filed Chapter 13 BK to delay FC, planning to dismiss the case once an offer was accepted and sell the home to retain equity.

A week after filing, I received a low offer. To encourage the sale, my RE agent... View More

James L. Arrasmith
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answered on Nov 19, 2024

This situation suggests potential fraud, as your real estate agent appears to have misled you about returning the excess commission after bankruptcy dismissal. Their actions raise red flags - first offering a reduced commission, then suggesting an inflated one with promises of refunding the... View More

1 Answer | Asked in Uncategorized for Kansas on
Q: I want to know if I can sue my ex-boyfriend.

I was with my ex for 4 months. My boss gave me permission to work remotely and I was going to leave KS and move to NC. My BF at the time begged me to stay and so I did. I have no found out that his is a pathological liar and cheater. I have a history going back to 2018 of the tricks he plays on... View More

Tim Akpinar
Tim Akpinar
answered on Dec 13, 2024

A Kansas attorney could advise best, but your question remains open for a month. I'm sorry for your ordeal. Unfortunately, this does not look like something that a law firm could pursue in a practical or cost-effective manner. That's only my individual opinion. You could try to set up a... View More

2 Answers | Asked in Bankruptcy for Kansas on
Q: I have a stop payment with one of my creditors. Will the one stop payment cause a issue when filing?

I issued the stop payment because it was for a subscription I had with the creditor to use they're cash advance services. They refused to stop charging me the subscription fee till they received all the money owed to them. I am unable to pay them at the moment so I felt like my only option was... View More

Timothy Denison
Timothy Denison
answered on Nov 12, 2024

No. It should not cause an issue.

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1 Answer | Asked in Estate Planning for Kansas on
Q: My father in law passed away and his life insurance policy is in my wife's name but she passed away before he did.

Does the policy go to my wife's estate?

Anthony M. Avery
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answered on Nov 11, 2024

You have to read the designation of beneficiaries. If named beneficiaries predeceased the insured, then usually the policy money goes to the insured's estate or his heirs/next of kin.

1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Communications Law for Kansas on
Q: On 10/31/2024 the enclosed response was sent to my husband & he would like to know if they granted or denied? Please exp

On 10/31/2024 the enclosed response was sent to my husband & he would like to know if they granted or denied? Please explain clearly to me what this means: The court notes the parties' responses to the court's show cause order.

This court lacks original jurisdiction over this... View More

Tim Akpinar
Tim Akpinar
answered on Dec 4, 2024

This is something that a Kansas attorney must advise on, but your question remains open for a month, and you mention that it is very important to you.

I am not familiar with the structure of the Kansas court system, and I am not familiar with the citations of Kansas case law referenced...
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1 Answer | Asked in Social Security for Kansas on
Q: My brother passed away in August 2024. He was born June 1946, worked and contributed to social security.

He moved to Switzerland ~1984 (age ~38). He has maintained his US citizenship while living in Switzerland. He drew no wages from US entities after ~1984. He has never filed or received social security. Is there benefit to his heirs (three brothers, no spouse or children)?

James L. Arrasmith
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answered on Nov 15, 2024

I'm very sorry to hear about the loss of your brother in August. Dealing with the passing of a sibling while navigating benefits can be overwhelming.

In most cases, Social Security survivor benefits are limited to spouses, minor/disabled children, and in some situations, dependent...
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1 Answer | Asked in Contracts, Foreclosure and Real Estate Law for Kansas on
Q: They forfeited warranty deed contract. Not paid taxes, no insurance, missing payments, broke promissary note. Forfite al

How to file and is a warranty deed contract the same as a contract for deed?

Anthony M. Avery
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answered on Nov 4, 2024

No such thing as a warranty deed contract. If you are the owner then sue for possession now.

1 Answer | Asked in Social Security for Kansas on
Q: Hello, can someone tell me about the 30 month clause when submitting a medical set aside for approval by the CMS?

Do you have to have an open application to apply or does that "expectation of 30 months" mean it can be submitted and you can apply for SSDI within 2 or 3 months?

I want to settle my WC case but was informed if I apply for SSDI now I will not be able to until SSDI makes a decision... View More

James L. Arrasmith
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answered on Nov 15, 2024

Let me help you understand the CMS Medicare Set-Aside (MSA) submission process regarding the 30-month rule.

The 30-month rule refers to having a "reasonable expectation" of Medicare enrollment within 30 months of the settlement. You don't need to have an active SSDI...
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2 Answers | Asked in Contracts, Copyright, Personal Injury and Real Estate Law for Kansas on
Q: what can be done ?My family was never informed of a Trust 43 years ago. Tax Exempt ERISA plan

Breach of Fiduciary duty and through Child support involuntary Bankruptcy Stole the Assets and DOL FOIA refuses to give me the info I requested

Anthony M. Avery
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answered on Oct 29, 2024

If the Bankruptcy Trustee and Child Support took the assets, then there is no corpus and no trust. Apparently you have already discovered everything that is needed to know.

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2 Answers | Asked in Bankruptcy for Kansas on
Q: I have a question about Chapter 7, Schedule C, question 3. "Are you claiming a Homestead Exemption of more than...."

I have a question about Chapter 7, Schedule C, question 3... "Are you claiming a Homestead Exemption of more than $189,050?" Kansas (where I am) has an Unlimited Value Homestead Exemption (just an acreage, up to 160 acres outside city limits, limit.)

I'm filing pro se, and... View More

Timothy Denison
Timothy Denison
answered on Oct 27, 2024

You are claiming under $189,500 so your answer is no.

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1 Answer | Asked in Uncategorized for Kansas on
Q: Can I sue a auto shop for not tightening my lug nuts the correct way and have them pay the damages to my car

My wheel fell off on the highway and when I saw that my front right tire was missing two out of the five lug nuts I called the auto shop saying that they didn’t install my lug nuts correctly they said that since it was two weeks ago it couldn’t have been them and I had no way to get my car out... View More

James L. Arrasmith
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answered on Oct 25, 2024

I'm sorry to hear about what happened with your car. It must be very stressful to deal with a wheel falling off and the potential safety issues involved.

You may have grounds to take legal action against the auto shop if their negligence caused the issue. Since the wheel was not...
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1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Kansas on
Q: Can an officer in KS stop someone on the street walking and search them for what they say is safety and no explanation.

Officer stopped someone on the street who is not on probation or any kind of paper and ask if they can search. Person doesn’t consent but they do anyway.

James L. Arrasmith
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answered on Oct 22, 2024

In Kansas, police officers have the authority to stop and search someone on the street if they have a reasonable suspicion that the person is involved in criminal activity. This doesn't require the individual to be on probation or have any prior records. The officer must be able to articulate... View More

1 Answer | Asked in Civil Rights and Constitutional Law for Kansas on
Q: If the police department illegally breaks in your back door and you catch them

And the kbi actually takes your case and convicts The police officers in a court of law 4 illegally breaking and entering and criminal damage to property and the 2 police officers get fired do you have a basis to Sue for civil rights since it was your house they broke into even though the KB I has... View More

James L. Arrasmith
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answered on Oct 21, 2024

Yes, you may have the right to file a civil lawsuit for civil rights violations even after the criminal case has been resolved. Criminal convictions of the officers do not prevent you from seeking additional damages through a civil case. You can sue the city or the police department for actions... View More

Q: I requested FMLA after a serious documented hand injury at work that resulted in work comp and physical therapy & Ortho

This was my companys response below , should i leave and sue ?? Are there any grounds to sue Nd can they make me work

Hi john,

There is a process to FMLA. I have your request in writing however I cannot approve FMLA until I have paperwork from your physician.

I can get... View More

Stephen Murray
Stephen Murray
answered on Oct 18, 2024

From what you’ve described, it seems your company is following the standard FMLA process by requiring paperwork from your physician before approving your leave. This is pretty typical, as FMLA approval hinges on documented medical necessity. They’re giving you a chance to submit the necessary... View More

1 Answer | Asked in Personal Injury for Kansas on
Q: while riding bicycle home I didnt see cut limbs over sidewalk, wrecked and broke shoulder, who is responsible? case?

I was riding home in the dark, with proper lighting. it was a city sidewalk that had a pile of cut limbs between the street and sidewalk. the pile was hanging half way over the sidewalk, by the time I seen them it was too late. i hit the pile and ended up wrecking, seperating my shoulder in the... View More

Tim Akpinar
Tim Akpinar
answered on Oct 27, 2024

A Kansas attorney could advise best, but your question remains open for two weeks. I'm sorry for your accident and your injuries. To answer your question, an attorney would want to know more details about the setting - local regs about bicycles on sidewalks, lighting, your speed, measures... View More

1 Answer | Asked in Civil Rights, Adoption, Federal Crimes and Libel & Slander for Kansas on
Q: A LEO took my kids and completely falsified his Police report. I was Affirmed by DCF. I fought in court and won

Under testimony he admitted the allegations were false. DCF adopted my kids to someone else. My kids were 2,3 and 4. It's been a year, it took that long to go to court. These were foster kids i was adopting. I had them for over two years, the youngest was only a couple months old. He had no... View More

James L. Arrasmith
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answered on Oct 14, 2024

I'm truly sorry you're going through this difficult situation with your children. It must be incredibly painful to see your family separated under such circumstances.

You may have options to explore further legal action, especially since there was an admission that the allegations...
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Q: How do I proceed with a case when I am not being provided information about the case in any manner?

I recently was scheduled for a pretrial conference. I was unable to attend because of a disability and I electronically submitted a motion for continuance stating this. The clerk did not accept the motion I later learned via email. I do not know if the pretrial conference was rescheduled, or if... View More

James L. Arrasmith
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answered on Oct 13, 2024

I'm sorry you're experiencing this frustration. Start by visiting the courthouse in person if possible. Sometimes face-to-face interactions can yield the information you need when electronic or phone attempts fail.

Next, consider reaching out to a legal aid organization or an...
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