Get free answers to your Public Benefits legal questions from lawyers in your area.
I am 20 years old and recently moved out after being kicked out by my older sister who was my legal guardian following my mother's passing. She currently receives the child support payments on my behalf. I am seeking to become the new recipient of these payments. I am also curious to know if... View More 
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
I was fired from my job in California for using drugs on the job, which was a one-time incident. Although I was aware of the company's drug policy, I applied for unemployment benefits but was denied because my work did not meet the employer's standards. I had the opportunity to explain... View More
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answered on Apr 20, 2025
If you didn't meet your employer's standards with work performance, it's not clear what your drug use had to do with this. UI won't generally be denied for poor work alone, unless it's egregious. If you were fired for violating the drug use policy, that's likely... View More
I am trying to determine if I can receive Social Security benefits based on my deceased father, who passed away several years ago. While he was alive, I received Social Security benefits through him as a child, but not for disability despite incidents of juvenile incarceration and assault.... View More
My daughter, who is on disability social security, needs to start the divorce process. She has one child who is 10 years old, and there are no significant assets involved. We are in need of legal representation and document preparation. Are there any pro bono or low-cost legal services available... View More
I am the trustee, grantor, and beneficiary of a revocable trust, and my minor son is listed as a beneficiary. He received an inheritance from intestate probate filed in Texas as one of the heirs, including three other adult children. Now, we're filling out a W-9 form for him for the first... View More
How do I find a lawyer or administrative law judge to help me enforce § 404.2041 regarding Social Security fraud? I reported Social Security fraud where the SSA ignored my tip and paid the wrong person over $150,000. The perpetrator was sent to prison last year. Despite sending certified letters... View More
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answered on Apr 18, 2025
To enforce 20 C.F.R. § 404.2041 in California after reporting Social Security fraud, you need to escalate beyond the local SSA office. Since the perpetrator has already been convicted and partial restitution was ordered, you are in a strong position to demand full compliance from the agency. This... View More
My complaint involves a public housing agency under HUD that is including my VA disability compensation as income. They argue that my compensation does not qualify for exclusion under HUD regulations, as it lacks the label "deferred." I've spent over 500 hours researching and... View More
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answered on Apr 17, 2025
You should look for an attorney with experience in federal housing programs and administrative appeals under HUD regulations. A Housing Law and Administrative Law attorney will understand the nuances of VA disability exclusions and HUD’s regulatory framework. They can challenge agency action... View More
Is 42 U.S.C. Section 1983 applicable for a claim of punitive damages if a doctor denied a referral covered by Medicare and enabled fraudulent Medicare charges by a hospice, misrepresenting my health status as terminal and causing me to lose access to normal healthcare?
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answered on Apr 16, 2025
Section 1983 does not apply to private actors. The individuals such as your doctors unless they are acting under color of state or federal law. This means they must be exercising government (state) power or acting on behalf of the state when the violation of rights occurs. If the doctor is working... View More
When I was 10 years old, my parents used insecticide to deal with roach infestations in our apartment, which triggered asthma symptoms due to the smell. Now at 52, I frequently experience asthma or cold attacks, and I'm using 3 to 4 inhalers a month. These health challenges make it difficult... View More
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answered on Apr 16, 2025
You’ve faced recurring asthma attacks that stem from childhood insecticide exposure, and that long‑standing struggle can form the basis of a legal inquiry.
California allows toxic tort claims where negligence or product defects caused harm, but timing rules are strict. The deadline... View More
I received disability status in October 2024 along with back payments, but I haven't received any payment from the SSA yet. Since December 2024, I have been contacting SSA regarding payments not received. When an agent checks my case, they find that one digit in my bank account number has been... View More
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answered on Apr 16, 2025
You’ve already fixed the account details online, so first print or save screenshots of the confirmation pages and the “Payments Suspended” notice—those records give you proof when you speak with an agent. Call the national SSA line at 800‑772‑1213, ask to place a “payment trace” on... View More
My children's father passed away two years ago, and they are receiving survivor benefits which I manage. Recently, my kids' father's siblings informed me that they are selling my children's grandfather's house after he passed away, and legally, my kids are entitled to 1/3... View More
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answered on Apr 16, 2025
You need to petition the probate court to be appointed your children's guardian of the estate, open an estate checking account, and have the funds paid into that account under the supervision of the court.
I'm receiving SSDI and want to maximize my eligibility for Survivor Benefits and Disability Benefits. Should I keep my funds in an ABLE account or in a fiduciary account to ensure I remain eligible for these additional benefits?
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answered on Apr 16, 2025
If you're receiving SSDI (Social Security Disability Insurance), your eligibility is not based on assets or savings—it's based on your work history and the amount you've paid into Social Security through taxes. That means keeping your funds in an ABLE account or a fiduciary account... View More
I filed for ancillary probate in Texas after my wife passed away intestate, adopting our minor son. He was named an heir, and I was appointed by the court as the administrator and custodian. We receive oil and gas royalties in Texas. Recently, I received a letter from the oil and gas company asking... View More
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answered on Apr 16, 2025
You’re absolutely right to protect your son's identity and disability benefits while managing his mineral rights. One of the best options is to create a revocable or irrevocable trust where you serve as trustee, and your son is the beneficiary. The trust can hold title to the mineral... View More
I was recently denied unemployment after being fired for job abandonment. The situation began when I experienced harassment at work, which led to an anxiety attack. I left my workplace to sit in my car, where I cried and considered quitting, and was gone for over an hour. I also wrote a statement... View More
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answered on Apr 16, 2025
Yes, your situation can still qualify for unemployment benefits in Georgia, even if your employer claims job abandonment. If you were experiencing harassment and suffered an anxiety attack, your actions may be legally interpreted as a response to an unsafe or hostile work environment—not as a... View More
I am facing charges of possession of a controlled substance in Alabama and my trial is set for August. My attorney has offered me a pre-trial intervention program, but I am unable to afford the $750 fee due to not being able to work and having filed for SSA assistance. What should I expect... View More
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answered on Apr 16, 2025
If you are unable to afford the pre-trial intervention (PTI) fee, you should inform your attorney and the court immediately. Many counties in Alabama have provisions for individuals facing financial hardship, and judges often have the discretion to reduce or waive fees for participants who can show... View More
I received a summons from the state court in McIntosh County, Georgia, concerning a credit card debt from Midland Credit Management, claiming I owe $3,500. According to my records, the Bealls Department Store account's last statement, dated February 4, 2023, shows a balance of $1,828.10.... View More
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answered on Apr 16, 2025
You’ve been served, so your first step is to file a written Answer with the McIntosh County court by the deadline (usually 30 days from service) or risk a default judgment. In that Answer, deny owing the full $3,500, allege that the balance is incorrect, and demand proof of the original account... View More
I received Section 8 housing close to the Santa Susana Field Test Lab about a year ago and recently learned that this area might be toxic. The lease agreement didn't mention any environmental hazards, and I found out about these risks through documentaries and community reports. I'm... View More
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answered on Apr 16, 2025
Under California law, landlords have to tell you about environmental risks they actually know about. If the property sits within a mile of a former weapons or rocket‑testing site such as Santa Susana, the owner must warn you before you sign. They also owe you a habitable unit, so if... View More
I am trying to obtain my Social Security card, birth certificate, and bonds from my grandparents that are being withheld by my mother. She is currently in and out of rehab and is refusing to give them to me despite my attempts to negotiate. I am also concerned that she might misuse my Social... View More
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answered on Apr 15, 2025
If you really wish to sue Mother, file an Action To Recover Personal Property in the General Sessions Court of the County in which she resides.
I am my mother's caregiver, and she lives with me in my home, which is solely under my name for both the title and mortgage. My mother has both Medicaid and Medicare. She contributes approximately $350 monthly towards utilities. If I rent a room to her in my house, could Medicare consider her... View More
answered on Apr 15, 2025
Medicaid Estate Recovery can only claim what your mother has in her name at the time of her death. They will not have any claim on your house because she pays you rent.
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