Ask a Question

Get free answers to your Public Benefits legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
New York Public Benefits Questions & Answers
1 Answer | Asked in Public Benefits for New York on
Q: Can medicaid restrict someone from going to a inpatient long-term treatment center?
Tim Akpinar
Tim Akpinar
answered on Feb 2, 2024

I'm sorry your post remains open for a week. While some questions go unanswered on this forum, you could repost and add "Elder Law" and "Health Care Law" as additional categories. That could increase chances of a response. Good luck

1 Answer | Asked in Elder Law and Public Benefits for New York on
Q: Is military disability considered income in an assisted senior living housing unit? Hud said it was exempt, is it?
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 New York, when it comes to assisted senior living housing units, especially those regulated by HUD (the U.S. Department of Housing and Urban Development), certain types of income are treated differently for eligibility and rent calculation purposes. According to HUD guidelines, some types of... View More

1 Answer | Asked in Land Use & Zoning, Public Benefits and Construction Law for New York on
Q: Am I required to have a permit to block public parking space(s) in a private community in the state of NJ?
Tim Akpinar
Tim Akpinar
answered on Jun 20, 2023

You may have better chances of a response by reposting this in New Jersey, since the question asks about a parking setting there. Good luck

1 Answer | Asked in Social Security and Public Benefits for New York on
Q: I am an immigrant lawfully permanent resident married to American citizen. I came 7 yrs ago and worked only a bit due to

my conditions. I had many jobs for 3/5 or 6 months, maybe a 2 yrs total paying taxes. My wife is employed and close to retirement paying taxes for more than 30yrs. I have PTSD, Bipolar Depression and BPD. Can somebody help me to understand if I qualify for SSI or SSDI or something else? Thank you

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 2, 2023

As a lawful permanent resident married to an American citizen, you may be eligible for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) if you have a qualifying disability and have worked enough to earn sufficient work credits, or if you have limited income and... View More

1 Answer | Asked in Social Security and Public Benefits for New York on
Q: My exhusband died last year, we were married for 21 years. I turn 60 in June. Do I have any right to his social security

I plan on filing for Social Security when I turn 62. Can I get benefits from his until I can file on my own?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 10, 2023

As a divorced spouse, you may be eligible to receive Social Security benefits based on your ex-husband's record if you meet certain criteria. To be eligible, you must have been married to your ex-husband for at least 10 years, be at least 62 years old, be unmarried (unless your later marriage... View More

1 Answer | Asked in Public Benefits and Family Law for New York on
Q: what are my options if custodial mother on public assistance doesn't wanna work
Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 26, 2022

Poverty is no consideration when custody of a child is involved, and the young father must support his child under threat of jail. The mother is free to work or not work. However, if the mother goes on welfare – or what we know today as welfare after the Clinton administration – the department... View More

2 Answers | Asked in Bankruptcy, Contracts and Public Benefits for New York on
Q: Need sum help undrstdng sum financial & car loan complication as well as some advice and explanations on sum othr

Financial obligation. Is there a way to back out of a car loan I am the co-owner of without impacting the main loan holder or is there a way to get lower payments of even possible help with payments Thru any programs?

Howard E. Knispel
PREMIUM
Howard E. Knispel
answered on Mar 15, 2022

While filing bankruptcy will release you of the obligation under the car loan, the other borrower will not be relieved and the lender can recall the loan and reposses the vehicle if the other borrower is unable to pay on their own.

View More Answers

1 Answer | Asked in Child Support, Civil Rights, Constitutional Law and Public Benefits for New York on
Q: Sorry not an american by birth or anything and I have stayed 15years here in united state have no legal papers
Tim Akpinar
Tim Akpinar
answered on Nov 29, 2021

Your post covers a number of categories but it remains open - maybe because a specific question is not included. But it looks like something that an immigration attorney could have insight into. If that's the case, one option is to repost and include Immigration Law as a category; another is... View More

1 Answer | Asked in Public Benefits for New York on
Q: Can department social services cut my benefits off and leave me homeless leaving outside if I am in a wheelchair
Tim Akpinar
Tim Akpinar
answered on Nov 26, 2021

I'm sorry your question remains open for three weeks - especially on such an important matter. There are attorneys who deal with public assistance matters and appeals who could probably advise best, but until one comes across your question, another option at this point could be to reach out to... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Municipal Law and Public Benefits for New York on
Q: What are the laws regarding public speaking in a city like NYC?

Can any mass of people congregate in a public park, setup some speakers and listen to an orator speak about politics, for example? Is this protected by the right to peaceful assembly? I'm talking about non-pandemic times, btw. Thanks for any help provided.

Tim Akpinar
Tim Akpinar
answered on Aug 8, 2020

This is something that a constitutional law scholar would know best. It sounds like you are touching upon the time, place, manner attributes of the First Amendment. It would be safest to contact agencies or offices within the City of New York to verify these guidelines - it's possible they... View More

2 Answers | Asked in Gov & Administrative Law, Government Contracts and Public Benefits for New York on
Q: How much would a lawyer charge to apply for state teacher certification in all 50 States. What is the time frame?

I am interested to know if someone can apply for teacher certification for me in all 50 states. I have an Advanced Professional Certificate in Two Subject Areas, and an Administrator Credential. I have 15 years of teaching experience, could someone do this? If so could you give a rough time... View More

Tim Akpinar
Tim Akpinar
answered on May 28, 2020

Why do you want to pay a lawyer to do something you could accomplish on your own? It doesn't require legal skills to apply for teacher certification. Given your credentials, you are clearly bright enough to deal with the process. But if you wish to have a lawyer handle it for you, you could... View More

View More Answers

1 Answer | Asked in Business Law, Consumer Law, Gov & Administrative Law and Public Benefits for New York on
Q: Can an organization use a Established nonprofit’s name with no relation to it in a marketing campaign?

It would be used in a campaign to bring legislative awareness to a cause no related to the nonprofit with the name.

Tim Akpinar
Tim Akpinar
answered on Feb 28, 2020

It could depend on the context. If the organization alleged that such use adversely impacted its reputation or other interests, it could object to the use or bring legal action. There's no way to predict what an organization would do. One option is to consult with an attorney familiar with the... View More

1 Answer | Asked in Landlord - Tenant, Family Law, Child Custody and Public Benefits for New York on
Q: Can the state of New York or landlord kick someone out of there apartment if they’re in desperate need?

Hello I’m Lucy. The kids next door are 18, 16 & 13 years old, lost there mom and there dad isn’t in the picture but there aunt that lives upstairs and also has 3 kids will soon have custody of them, Which is great but they can’t all live in one apartment and can’t afford a bigger place.... View More

Lawrence Allen Weinreich
Lawrence Allen Weinreich
answered on Dec 12, 2019

The children should qualify for social security and they may also be entitled to public assistance grants. They should check with the department of social services.

1 Answer | Asked in Criminal Law and Public Benefits for New York on
Q: In ny cbd is legal as well as hemp itself. Could I grow a plant?

I use cbd for chronic pain, however the cost adds up and in order to save money I was wondering if it would be legal to grow a plant as long as it is less than .3% thc.

Aubrey Claudius Galloway
Aubrey Claudius Galloway
answered on Sep 5, 2019

Legally? No, although I think this is an issue ripe for appeal now. Many states are having legal problems with distinguishing industrial hemp buds from marijuana buds and it’s a likely issue to get into our appellate system soon, which will create controlling caselaw on the issue... we will see... View More

Q: SSDI hearing

Will I get denied if I do not have an attorney at my court hearing?

Cristina M. Lipan
Cristina M. Lipan
answered on Aug 19, 2019

You won't get denied just because you don't have an attorney, but you're much more likely to be successful if you have one. That's because an attorney will know what records you need and will argue why you should be considered disabled. However, you will need to get an attorney... View More

2 Answers | Asked in Products Liability, Civil Rights and Public Benefits for New York on
Q: If someone form the streets, were to come up to you and hand you something. Then say it cost 20$ are you obligated to

pay them, even though they didn't tell you anything about the price when handing it to you?

Peter N. Munsing
Peter N. Munsing
answered on Jun 15, 2019

No. But give it back.

View More Answers

1 Answer | Asked in Contracts, Criminal Law, Federal Crimes and Public Benefits for New York on
Q: Who to go to for former corrupt customs admin decades ago with valid evidence of drug smuggling operations whistleblowin

Friend worked for former border patrol, customs enforcement and secret service for Carter and Ford and has photos and documents of his involvement in drug enforcement operations, and a former boss was suppose to turn in narcotics and arrest those involved yet turned around and gave it back and did... View More

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on May 6, 2019

Unfortunately--even if everything you said is 100% true--there is nothing anyone can do about it today. Why? Because of the extremely, long period of time that has elapsed between the time of the drug-related issues (late seventies) and now.

1 Answer | Asked in Civil Litigation, Gov & Administrative Law, Public Benefits and Social Security for New York on
Q: Does the Suffolk County Dept. of Social Services have the right to take money from my SSI? Further discussion is needed
Jonathan David Warner
Jonathan David Warner
answered on Oct 30, 2018

Under some circumstances, the answer is "yes" - but only with respect to child support, income taxes, criminal restitution, or Social Security overpayments. Give them a call and ask them about it - they'll at least be able to let you know to whom the debt is owed. There have been... View More

1 Answer | Asked in Personal Injury and Public Benefits for New York on
Q: how much publuc assistance entiled . I am a reciepant of pa and settled a lawsuit for the amount of $9300
Tim Akpinar
Tim Akpinar
answered on Sep 1, 2018

If this is in regard to benefits received from New York, and the New York City Human Resources Administration Department of Social Services is asserting a lien, it is possible their figure could be subject to negotiation.

1 Answer | Asked in Employment Law and Public Benefits for New York on
Q: I got fired from my job because there was a problem that happend at my job on Wednesday and she lied on me

She had her boy friend call me and And Threaten imy man and me saying that he wanted to fight and his girl is the one that lied to express employment. And then I am fired but not her and I can’t get unemployment

V. Jonas Urba
V. Jonas Urba
answered on Oct 14, 2017

Call some employment lawyers.

It is irrelevant who called. Did you commit misconduct to the point that New York law says you were at fault?

Generally in NY it is hard to be denied unemployment benefits. But if an employee threatens another employee that is not good. Witnesses will...
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.