Get free answers to your Public Benefits legal questions from lawyers in your area.
answered on Dec 31, 2023
In Maryland, if you have been caring for a child for seven years without legal paperwork, you may consider filing for legal guardianship or custody. This is especially pertinent if you have been the primary caregiver and the biological parents are not involved or unable to care for the child.... View More
answered on Mar 19, 2023
When a married federal employee retires and claims their benefits, they have to choose whether to take a full or partial survivor benefit- or waive the survivor annuity altogether. To take a reduced benefit, or waive it, their spouse (you) must consent by signing a waiver that is included in the... View More
Good Evening,
My mother who receives medicaid and SSI saved up assets due to the fact that she moved into subsidized housing which only charged her 200 a month for rent. She currently has about 10k saved up in her account which is over the asset limit and I'm trying to spend the money... View More
answered on Dec 25, 2022
You may find this article helpful, although it is a bit dated (2011) and laws change:
https://www.specialneedsalliance.org/the-voice/utilizing-the-spend-down-option-to-maintain-ssi-andor-medicaid-eligibility-2/
To clear the whole amount you might purchase a special bed for her, one... View More
We are a membership organization of about 20 members. The president who goes contrary to our constitution removed about 9 members who oppose his leadership style. We have funds that belongs to all of us and we all need to affect the use of this fund even if we exit the organization as he wants. Our... View More
answered on Sep 3, 2021
Take the organization constitution to a lawyer to review, and evaluate your legal options, as well as actions you can take under the constitution, such as calling a special meeting, holding a new election, removal of the president, etc., whatever the provisions allow. Recourse to the courts... View More
After submitting a two-week notice, my employer claims I have breached my employment contract on largely bogus claims. He has also withheld a previous paycheck. I was given an impossible number of tasks to complete during my final two weeks, and he is claiming not completing these tasks is a breach... View More
answered on Jun 21, 2021
If you are an employee, you can file for unemployment comp alleging a change in work conditions.
As to at will employment--that's what everyone is. He can't withold wages for work done. Take his advice and call a wage-hour attorney,
All owners of this building are non smokers. There are smokers in all other buildings. All buildings are stand alone. Thanks.
answered on Jun 18, 2021
It doesn't make sense but If you are a non smoker the next issue is are you harmed? Courts have a doctrine that they don't look at theoretical , abstract concepts of harm.
However start by asking them why, get as much on the record as far as their reasons. Look at the HOA... View More
I have been living in a hotel since 12/20/20 and I need to get a state ID to cash an insurance claim check. I moved from Ohio and my purse was stolen with a few other items right as I was leaving. I have acquired another birth certificate since. I have had several items mailed to me here, at the... View More
answered on Apr 5, 2021
Not much anyone can do in three days time. The ID proof requirements are set forth on the MVA website:
https://mva.maryland.gov/drivers/Pages/apply-id-card.aspx
The MVA requires appointments during COVID, and you do not receive your ID card on the spot anymore for security reasons.... View More
Dad's original will set up a Special Needs Trust with all funds just for me. He later amended the will so funds are immediately disbursed among each of the children. I think I'm in a bind and don't want to lose my only income source as well as my health insurance due to having... View More
answered on Oct 7, 2020
You are legally allowed to direct a gift or inheritance into a special needs trust, without receiving it directly yourself. You can have such a trust created when the time comes to receive the inheritance, or if one already exists, you can direct the funds into the existing special needs trust. Not... View More
Property owned TIC by father and stepmother. Father dies. House sells for 600k with 200k Mortgage. Is mortgage responsibility of Entire estate, or is wife solely responsible?
I.e. should we pay mortgage from the 600k and then divide the remainder to my stepmother and my fathers heirs. Or... View More
answered on Dec 7, 2019
The mortgage is a lien against the property. It cannot be sold without the mortgage being paid off first out of the sale proceeds. That happens at settlement. Then the net proceeds are split evenly between the two owners of the property: 50% to the estate, 50% to your stepmother
answered on May 31, 2018
You need to file a petition in court to change her name and provide notice to the father. If he objects ere will be a hearing
I believe an adult son living in Maryland is holding $60,000 in his account so that his mother, who lives in Virginia, can receive Public Assistance. He is also potentially claiming that those funds, although in his account, cannot be considered as an asset of his in determining child support.
answered on Apr 26, 2018
It can be grounds for criminal fraud, or conspiracy to defraud, on both the son's and the mother's part. Don't do it.
Recently got hurt on the job and went through the process of OWCP USPS is supposed to cover the first 45 days and then COP kicks in yet my supervisor and his boss are ignoring protocols(i have checked and all signs point to them)blatantly lie to me when asked about this this has put me in trouble... View More
answered on Aug 16, 2016
USPS pay and injury issues are a specialty. You need to look for someone who specializes in that. Suing the supervisor directly? No for many reasons.
This employee was fired for cause but I didn't appeal unemployment action because I thought her having to repay benefits already received was too harsh. But she was working part-time somewhere else when we fired her (for consistent rudeness to customers) and she continues to work at same part... View More
answered on Apr 26, 2016
This actually gets pretty technical, and this answer is not comprehensive. When someone files for benefits, the wages the individual earned in the first four of the five quarters preceding the claim are used to calculate monetary eligibility and the weekly benefit amount. This is called the base... View More
answered on Feb 26, 2012
Public Benefits are benefits provided by federal, state or local governments. The most common federal benefits include Social Security retirement benefits, Social Security disability benefits (SSI and SSDI), Medicare, and Medical Assistance (a combined state and federal benefit which is also... View More
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