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New York Public Benefits Questions & Answers
0 Answers | Asked in Health Care Law and Public Benefits for New York on
Q: Are vision problems an emergency without insurance in NY?

I am experiencing pressure on my eyes and head, possibly due to idiopathic intracranial hypertension (IIH), which is causing vision problems. Are vision problems considered an emergency? Do emergency rooms have an obligation to treat vision problems even if I don't have insurance?

0 Answers | Asked in Public Benefits and Landlord - Tenant for New York on
Q: Eligibility for unemployment insurance with rental income in NY.

I am currently unemployed and actively seeking work. I also own a two-family rental property and receive rental income from it. I have never applied for unemployment insurance before. Am I eligible for unemployment insurance benefits?

1 Answer | Asked in Public Benefits and White Collar Crime for New York on
Q: Is using guardianship funds after death embezzlement in NY?

My stepson had guardianship over a person who received $28,000 in federal benefits, which was deposited in a bank account. After the person passed away, the money was supposed to go to the widow. However, my stepson is using the money, including for lawyer fees. Could this be considered... View More

Jack Mevorach
Jack Mevorach
answered on Mar 2, 2025

Possibly.

Jack

1 Answer | Asked in Civil Litigation, Family Law, Public Benefits and Probate for New York on
Q: Family member threatens legal action over joint account post-death, seeking advice on cease and desist.

A family member is threatening to press civil or criminal charges if I don't provide financial documents related to joint checking accounts now solely in my name after the passing of a loved one. Both my family member and I are next of kin, but they were fairly estranged from the deceased.... View More

Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 3, 2025

The fact that the decedent left no will means New York state's intestacy statute applies. If the asker and his family member are on the line of succession at the same level, then the joint checking account must be split between the two. The family member is correct as to his position that he... View More

0 Answers | Asked in Health Care Law, Public Benefits and Personal Injury for New York on
Q: How to resolve medical and insurance issues with NYC CARE and Medicaid?

I have NYC CARE and emergency Medicaid based on legal advice. My primary doctor tells me to go to the emergency room for my symptoms, but the emergency room directs me back to the primary doctor. This cycle has been ongoing since 2019, and I'm dealing with a pseudomeningocele that prevents me... View More

1 Answer | Asked in Health Care Law, Estate Planning, Public Benefits and Real Estate Law for New York on
Q: Medicaid lien concern on grandmother's house with me as beneficiary in NY

I am concerned about Medicaid and asset protection regarding my grandmother's house. My grandmother is sickly and requires more care than I can provide. Her daughter wants to apply for Medicaid and get her on the assisted living waiting list. My grandmother's only major asset is her... View More

Gregory M. Lendino
Gregory M. Lendino
answered on Feb 19, 2025

I completely understand your concern—Medicaid rules can be tricky, and it’s important to plan ahead so you don’t run into issues later. Since your grandmother owns the house and may go on Medicaid for assisted living, there is a real possibility that Medicaid could place a lien on the home to... View More

0 Answers | Asked in Public Benefits, Tax Law and Business Formation for New York on
Q: Concerns about SSI eligibility when son works online in NY.

I have a 26-year-old autistic son in New York who receives SSI benefits and wants to work online in areas like web design, marketing, affiliate marketing, and selling Amazon ebooks. I am concerned about how to report his income to avoid overpayment issues with the SSI office, as his online work... View More

1 Answer | Asked in Medical Malpractice, Health Care Law and Public Benefits for New York on
Q: How can I get necessary pseudomeningocele treatment in NY with current insurance?

I have both H.O.D. and a pseudomeningocele, which have similar symptoms, resulting from a botched emergency surgery. Pseudomeningocele symptoms appeared immediately and are fixable, whereas H.O.D. symptoms typically take at least six months to manifest and have no cure. Despite this, hospitals have... View More

Tim Akpinar
Tim Akpinar
answered on Feb 20, 2025

Yes, I remember your question - thanks for acknowledging the role of everyone running the Justia site and its attorneys in helping to secure health care coverage. We're glad that worked out. Other than the recommendations outlined in the original responses, one thing that comes to mind might... View More

1 Answer | Asked in Public Benefits, Estate Planning and Tax Law for New York on
Q: How do I maintain medicaid coverage while making more than the medicaid annual salary allowment in NY State?

I am currently facing uncertain health challenges that are expensive and it makes more financial sense for me to be unemployed but maintain medicaid eligibility rather than work and lose my coverage. The problem with this is that I want to be productive and start a business, no matter how much time... View More

James L. Arrasmith
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answered on Jan 28, 2025

Maintaining Medicaid coverage while earning above the income limit in New York requires strategic planning, especially if you want to stay productive. One potential route is exploring Medicaid's "Medicaid Buy-In for Working People with Disabilities" program. This allows individuals... View More

1 Answer | Asked in Estate Planning, Tax Law, Elder Law and Public Benefits for New York on
Q: Can grantor of irrevocable income only grantor trust pay taxes on trust income under their own SS#?

The attorney who set up the irrevocable income only grantor trust said the grantor could file taxes on trust income using their own SS#, but now a different attorney says if the trust doesn't obtain its own tax ID, the grantor may be deemed ineligible for Medicaid. Which is accurate?

James L. Arrasmith
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answered on Aug 10, 2024

When dealing with an irrevocable income-only grantor trust, it's important to understand how the income is reported and how it might impact Medicaid eligibility. If the trust is set up as a grantor trust, the income can be reported under the grantor's Social Security number, meaning the... View More

1 Answer | Asked in Civil Rights and Public Benefits for New York on
Q: Can I place a lawsuit on the shelter I have resided in for two years but was denied assistance

I have been accepted into four different apartment but denied movement by the housing specialist on moving forward with moving in.

James L. Arrasmith
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answered on Jun 3, 2024

You might have grounds to file a lawsuit against the shelter if they have denied you assistance in moving into an apartment despite being accepted into four different places. It is important to gather all relevant documentation, including your acceptance letters from the apartments and any... View More

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
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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
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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
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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
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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
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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.

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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

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