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Minnesota Public Benefits Questions & Answers
0 Answers | Asked in Social Security, Insurance Bad Faith and Public Benefits for Minnesota on
Q: Can insurance payout affect my Social Security benefits?

I received a portion of an insurance payout after my brother passed away in February. The payout was related to his work insurance and was split three ways among beneficiaries. I am currently receiving Social Security benefits. Can this insurance payment cause my Social Security benefits to be... View More

3 Answers | Asked in Divorce, Elder Law, Family Law and Public Benefits for Minnesota on
Q: Can I protect my assets from nursing home costs through divorce?

My husband, who has had dementia for the past six years, is currently in St. Mary's hospital, and they wish to move him into a memory care facility. We are both in our 70s with a fully paid house, and I have $200,000 in a 401K from my Mayo Clinic pension, along with each of us receiving social... View More

Robert Kane
Robert Kane
answered on Apr 15, 2025

An additional consideration would be are these assets your separate property or marital property. Are you getting divorced because there has been an irretrievable breakdown of the marriage or is this a financial decision.

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2 Answers | Asked in Child Support, Civil Litigation, Public Benefits and Family Law for Minnesota on
Q: Can I plead not guilty to a child support contempt warrant and seek free legal aid in MN?

I have a contempt of court warrant for child support. I was notified by the child support enforcement officer and given 15 days to get a job and start making payments. I secured a job and began making payments within the period, keeping in contact. However, I was not informed it was sufficient.... View More

Robert Kane
Robert Kane
answered on Apr 5, 2025

Contact the public defenders' office Monday morning. A public defender would be appointed if you qualify and jail time is possible (and it may be.) The public defender, however, would not necessarily directly address the child support issues.

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1 Answer | Asked in Public Benefits for Minnesota on
Q: Should I report the payee for using SSDI funds to cover all rent and utilities?

I'm receiving SSDI benefits, and my representative payee has been using these funds to pay all the rent and utility bills, even though I'm married, and my spouse is supposed to cover half of these expenses. I've noticed other violations by the representative payee and plan to report... View More

James L. Arrasmith
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answered on Apr 13, 2025

Yes, it is important to report the issue with your representative payee using your SSDI funds to cover rent and utilities, especially since your spouse is supposed to contribute to these expenses. This could be considered an improper use of your funds, as they should be used primarily to cover your... View More

1 Answer | Asked in Gov & Administrative Law, Landlord - Tenant, Public Benefits and Civil Rights for Minnesota on
Q: Seeking legal guidance on HUD voucher downgrade, payment disputes, and eviction threats in St Louis Park, MN.

Upon moving to St Louis Park on February 29th, we settled into a three-bedroom based on our original HUD voucher. Subsequently, the voucher was downgraded by St Louis Park HRA to a two-bedroom due to my mental health disabilities, despite valid accommodation requests. With no two bedrooms... View More

James L. Arrasmith
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answered on Mar 27, 2025

Your situation involves several potential Fair Housing Act violations regarding reasonable accommodations for your disabilities. You have the right to request accommodations from both your housing authority and landlord, and they must engage in an interactive process to address these requests... View More

1 Answer | Asked in Public Benefits and Social Security for Minnesota on
Q: Can I get a refund from a CRP if I live in a GRH apartment on SSI?

I'm living in a Group Residential Housing (GRH) apartment and received a Certificate of Rent Paid (CRP) from my apartment company, which shows what I paid. I am on SSI and nothing in my finances has changed. Can I apply for a refund or get money back based on the CRP?

James L. Arrasmith
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answered on Mar 16, 2025

Since you're living in a Group Residential Housing (GRH) apartment and receiving SSI, the Certificate of Rent Paid (CRP) you received likely won't qualify you for a standard renter's property tax refund. In Minnesota, GRH payments are usually not eligible for the renter’s property... View More

1 Answer | Asked in Public Benefits, Agricultural Law and Land Use & Zoning for Minnesota on
Q: Can county government take over township powers without having due process? Isn't a public hearing required?

This was done during the pandemic. But commissioners shouldn't be able to weasel it in under the radar just because of a " pandemic".

Robert Kane
Robert Kane
answered on Apr 10, 2024

Cities do not have constitutional rights (e.g the right to due process.) If you live in Maple Lake, the Wright-Hennepin Co-op Electric Association is governing authority. I don't know what transpired, but the city and association should have allowed for public input and provided transparency.... View More

1 Answer | Asked in Public Benefits for Minnesota on
Q: Do I have to pay someone that just starts cleaning my shoes without asking if I wanted them cleaned at a mall
Robert Kane
Robert Kane
answered on Nov 6, 2023

No, if you immediately asked them to stop.

1 Answer | Asked in Civil Rights, Elder Law, Probate and Public Benefits for Minnesota on
Q: Pay $13.000 + 4.000.00 retainer fee to be belittled by your lawyer and in front of his peers. Is this common practice?

Dad has Dementia. Im his daughter, POA, lived, cared for him for 2 years by myself until he fell. He has a living will, trust,etc. In the VA Hospital for 1 year. "Now, It's my fault dad will not get the waiver for assisted living because I failed to supply a list of items on time, I WILL... View More

Nina Whitehurst
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answered on Sep 28, 2023

Your perspective on this may or may not be skewed. One way to find out would be to obtain a second opinion from another attorney. This forum is not a way of obtaining a second opinion. For that you would need to consult an individual attorney and provide ALL of the background information and... View More

1 Answer | Asked in Public Benefits for Minnesota on
Q: Is it possible to negotiate with medicaid to get on a payment plan for the estate recovery?
Tim Akpinar
Tim Akpinar
answered on Feb 14, 2023

A Minnesota attorney could advise best, but your question remains open for three weeks. If this involves a lien on an injury case, it's possible that it might be open to negotiation. Contact their offices to discuss in more detail. If this involved an injury case, that would be something the... View More

1 Answer | Asked in Personal Injury, Civil Rights and Public Benefits for Minnesota on
Q: Is there a lawyer willing to help me sue a hotel after I was violently robbed and beaten

I had no phone in my hotel room to call 911 and the doors were broken and hotel was really understaffed

Stephen Arnold Black
Stephen Arnold Black
answered on Sep 21, 2022

You probably have a decent case. Your case would be stronger if you did not know the attackers. When did this happen? There is a statute of limitations that applies to these types of cases.

1 Answer | Asked in Appeals / Appellate Law and Public Benefits for Minnesota on
Q: After winning my appeal and granted a new trial the district attorney didn't pursue charges am I entitled to compensatio
Charles William Michaels
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Charles William Michaels
answered on Oct 21, 2020

Ordinarily, NO. But you can pursue that with the State's Attorneys office.

1 Answer | Asked in Criminal Law and Public Benefits for Minnesota on
Q: I'm going to be charged with felony wrongfully abstaining public assistance due to not reporting earned income /55000

Will I have jail time no previous thefts I am employed and own a house for 16 years need legal advice

Thomas C Gallagher
Thomas C Gallagher
answered on Nov 28, 2018

Executed jail time is unlikely for a first-time offender convicted of a low-dollar value theft crime. If it did happen, it would likely be short time. It can help in these cases to pay the money back, though it's best to do that through your attorney. Avoid making any statements or... View More

1 Answer | Asked in Public Benefits for Minnesota on
Q: Do I have to pay back?

Hi, I am in a situation where I have to pay back $1,646.00 back to food stamps. My husband work 2 jobs, i only work one job. They stated that they did not receive my husband's second job pay stubs. They only put in as my husband working one job. So we had $230 worth of food stamps. My 6... View More

Robert Jason De Groot
Robert Jason De Groot
answered on Oct 29, 2015

Have you read all of the fine print of all the things you signed when you applied for food stamps? I will be that there is a clause that says that if they make a mistake and they give you too many food stamps, you have to reimburse them. It is certainly better to pay them back than to have criminal... View More

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