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North Carolina Public Benefits Questions & Answers
1 Answer | Asked in Probate and Public Benefits for North Carolina on
Q: Indigent estate: How to handle public notice costs in NC without funds?

I am responsible for handling my deceased brother's estate in Raleigh, NC. He passed away without any assets and was essentially indigent. The county requires me to run a public notice regarding his death, which costs $300. I cannot afford this expense, and there is no one else to pay it.... View More

James L. Arrasmith
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answered on Jul 4, 2025

You must still publish the notice to satisfy North Carolina probate requirements, but you can ask the court to waive or postpone the cost if you truly cannot pay.

File a motion with the clerk of superior court explaining your indigence, attaching an affidavit of your income and expenses and...
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Q: How can an inmate with serious medical issues be released early in NC?

I need assistance finding out an inmate's release date, including credit days and trustee days, as he has severe medical conditions such as Hepatitis B, Hepatitis C, and cirrhosis. His probation was revoked, resulting in a 120-day sentence, where he earns 18 days of credit and 4 trustee days... View More

James L. Arrasmith
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answered on Jul 5, 2025

In North Carolina, an inmate serving a 120-day sentence may receive earned time credits, including sentence reduction credit (18 days/month) and trustee credits (4 days/month), which can significantly shorten the actual time served. Based on this rate, he could earn up to 22 days off per month,... View More

1 Answer | Asked in Public Benefits and Gov & Administrative Law for North Carolina on
Q: Dispute over approved disaster unemployment benefits and classification in North Carolina.

I applied and was approved for unemployment and disaster unemployment assistance (DUA) in North Carolina. I received unemployment benefits, but not DUA, and my claim states that I am partially unemployed, even though I was totally unemployed starting January 2, 2025. I applied for both unemployment... View More

James L. Arrasmith
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answered on Jul 6, 2025

You’ve done the right thing by applying promptly and keeping your documentation organized. If you received written confirmation of your DUA eligibility, and your application was filed before the official deadline, the denial based on “expired deadline” may be incorrect. Under North Carolina... View More

1 Answer | Asked in Social Security and Public Benefits for North Carolina on
Q: What are my chances of getting approved for Social Security Disability benefits with multiple mental health disorders?

I am 22 years old and have applied for Social Security Disability due to schizoaffective disorder, autism, PTSD, and bipolar disorder. I've been working for 3.5 years, with annual earnings of $7,000, $35,000, $34,000, and $30,000. I was evaluated by a Social Security doctor last week who... View More

James L. Arrasmith
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answered on Jun 11, 2025

It sounds like you’ve been through a lot, and you’ve taken important steps by seeking treatment and applying for the support you need. The fact that you have documented diagnoses, a long treatment history, and recent support from a Social Security doctor all work in your favor. Schizoaffective... View More

1 Answer | Asked in Public Benefits, Child Support, Social Security and Family Law for North Carolina on
Q: Does child support affect Medicaid eligibility for adult with Down syndrome?

I have a 42-year-old stepson with Down syndrome living in North Carolina. He has been receiving SSI since he was 18 and will soon start receiving SSA benefits from my husband's retirement. We currently pay child support to his mother. Will this financial arrangement affect his Medicaid eligibility?

James L. Arrasmith
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answered on May 8, 2025

Your situation involves several important considerations. When an adult with a disability transitions from SSI to SSA retirement benefits through a parent, this change can affect their Medicaid eligibility. In North Carolina, individuals who receive SSI are automatically eligible for Medicaid, but... View More

1 Answer | Asked in Landlord - Tenant, Juvenile Law, Public Benefits and Real Estate Law for North Carolina on
Q: Do I have to pay rent to my mom at 17 in NC, and can she evict me?

I'm a 17-year-old high school student living with my mother in Hendersonville, North Carolina, and I graduate next month. My mother keeps threatening to force me to pay $400 rent and says she'll kick me out if I don't pay after graduation. We have a complicated relationship, and I... View More

James L. Arrasmith
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answered on May 15, 2025

At 17, you're still legally considered a minor in North Carolina, which means your mother is responsible for your care, housing, and basic needs until you turn 18. That responsibility doesn’t end just because you’re graduating high school. Even if she wants you to pay rent, she cannot... View More

1 Answer | Asked in Personal Injury and Public Benefits for North Carolina on
Q: What compensation should I seek for transportation van accident injuries?

I hit my head on a Medicaid transportation van, resulting in a concussion, whiplash, and a lupus flare-up. I have lupus and mild deterioration in my lower back. After reporting the accident, the transportation company advised me to get a lawyer and now wants to settle outside of court. I have... View More

James L. Arrasmith
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answered on May 14, 2025

\You’ve been through something traumatic, and it’s only right that you seek full compensation for what this accident has cost you. Based on your injuries—concussion, whiplash, nerve damage, and the flare-up of your lupus—you can pursue damages for both current medical bills and any future... View More

1 Answer | Asked in Public Benefits and Tax Law for North Carolina on
Q: Can inmates in NC receive 401(k) benefits while incarcerated?

Can an inmate in North Carolina still receive their 401(k) benefits while incarcerated if there are no specific or restrictive conditions known?

James L. Arrasmith
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answered on May 15, 2025

Yes, an inmate in North Carolina can generally still receive 401(k) benefits, even while incarcerated, as long as there are no court orders, plan-specific restrictions, or legal limitations preventing access. Federal retirement laws do not automatically prevent someone from accessing their 401(k)... View More

2 Answers | Asked in Child Custody, Social Security, Juvenile Law, Family Law and Public Benefits for North Carolina on
Q: Can I be forced to move in with my mom, given her mental health issues and my SSA benefits?

I am 15 years old and have been living with my stepmom since I was 13. I have lived with my biological mother off and on for the past 7 years, and she currently has custody. She is dealing with depression, bipolar disorder, and mania, and wants me to move back in with her to help her clean and for... View More

Donald  Pilzer
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answered on Apr 16, 2025

This is for the family court to determine. They will take your best interests into account, and appoint a gaurdian ad litem to represent your views to the court.

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2 Answers | Asked in Public Benefits and Social Security for North Carolina on
Q: How will marriage affect our SSI and SSID benefits?

I currently receive $967 a month from SSI, and my fiancé receives $1,130 a month from SSID. We live separately right now, but we are planning to get married. I'm concerned about how our marriage might affect our respective benefits. Could our combined household income after marriage impact... View More

David Gantt
David Gantt
answered on Mar 27, 2025

If you receive SSI benefits, any and all household income will be considered. Any change in your living situation such as getting married or living together may reduce your SSI benefits since the SSA will review and consider all household income including your spouse’s benefits and/or income.... View More

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1 Answer | Asked in Child Support, Family Law and Public Benefits for North Carolina on
Q: For NC if my child gets Medicaid do i have to put my bd on child support ? What if i don’t want & we have agreement

Can i just take my child off Medicaid ? Or are there other options

Stephen Edward Robertson
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Stephen Edward Robertson
answered on Jun 13, 2023

In North Carolina Child Support Enforcement Services must, by law, seek support from the non-custodial parent when a child receives some sort of public assistance, including Medicaid. You, as the custodial parent, cannot waive this even if you do have an agreement that states otherwise. The amount... View More

1 Answer | Asked in Tax Law and Public Benefits for North Carolina on
Q: If I receive $23,000/year in disability income can I qualify for a Homestead Exemption if my spouse makes $100,000/year
James L. Arrasmith
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answered on May 7, 2023

The Homestead Exemption eligibility criteria vary depending on the state, so it's best to check with your local tax assessor's office or the relevant state agency. However, in general, the income and assets of a spouse may be considered when determining eligibility for certain tax... View More

Q: I’m a disabled veteran that was in the VA’s CWT Program and the supervisor of the ground’s tried to fight me can I sue

I’m a disabled veteran that was in the VA’s CWT Program and the supervisor of the ground’s crew tried to get me to fight him not once but twice and there were witnesses to both incidents but the VA police now has my picture posted on the wall of the hospital saying “be cautious”! I’ve... View More

James L. Arrasmith
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answered on May 2, 2023

I'm sorry to hear about the experience you had at the VA hospital. As a disabled veteran, you have certain rights and protections under the law, and it may be possible to pursue legal action in this case. You may want to consider contacting a lawyer who specializes in disability rights or... View More

1 Answer | Asked in Consumer Law, Collections, Energy, Oil and Gas and Public Benefits for North Carolina on
Q: I am having a problem with the City of Shelby, I've been paying my power bill late but never have I not paid it..

I just want some one to help me go through my power bills to explain to me I am 67 and I think they are taking advantage because I don't read well.

Tim Akpinar
Tim Akpinar
answered on Jul 29, 2020

This does not sound like a legal matter that you need to involve an attorney for. Considering the amount of ordinary household utility bills, attorney fees might not be justified. You could see if their customer service department could help explain your bill. If you aren't satisfied, you... View More

1 Answer | Asked in Public Benefits and Probate for North Carolina on
Q: My estranged father died and became ward of the state. What do I do?

He wasn’t married and my sister isn’t doing anything about it. It’s been 6 weeks and I just found out. What are my responsibilities as his daughter? Or since he’s a ward of the state do I have responsibilities? Should I claim his ashes or do I then force myself into a position of executor?

Sara W. Harrington
Sara W. Harrington
answered on Sep 19, 2018

If your father was a ward of the state, someone should have been serving as his guardian or social worker. You might want to contact the agency who was taking responsibility for him to find out about the disposition of his remains. Also, if he was a ward of the state, there is probably no estate to... View More

1 Answer | Asked in Gov & Administrative Law and Public Benefits for North Carolina on
Q: My hearing was on June 28, the decision letter writers have my decision, how long will it be before I receive a letter?

The judge made a decision not even a week after my hearing,is that a good thing?

Peter N. Munsing
Peter N. Munsing
answered on Aug 4, 2016

If its social security or similar it can take a while--no particular reason.

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