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Public Benefits Questions & Answers
1 Answer | Asked in Federal Crimes, Social Security and Public Benefits for Kentucky on
Q: Is it legal in Ky for someone who has Medicaid and SSI but in a nursing home to sell property and a home.

Her daughter as her POA deeded everything to herself and sold it. Her mom just passed. We've reported the numerous times to local DCBS and nothing ever comes of it. It seems her daughter has friends in the DCBS who help her and ignore the complaints. I think it's wrong when so many people... Read more »

Timothy Denison
Timothy Denison
answered on Nov 1, 2022

The facts as you have set them out would seem to indicate it is not legal. Medicaid or SS are the only ones who might possibly be obligated to investigate. A decision would then be based on the findings of their investigation as to whether a crime has been committed.

1 Answer | Asked in Elder Law and Public Benefits for Ohio on
Q: Can Medicaid seize grandma's house if elderly uncle is living in it?

My 88 year old grandma has late stage dementia and needs 24hr care. My uncle (age 65) has lived with her for 30+ years and also has early dementia and can't really care for her anymore, but is hesitant to move her to an assisted care facility because he's worried about becoming homeless... Read more »

Mary Ellen Leslie Esq.
PREMIUM
Mary Ellen Leslie Esq.
answered on Oct 26, 2022

If a doctor will confirm that without your uncle's care and assistance, your Grandmother would not have been able to continue living in her home, for as long as she was able to, your uncle should be allowed to continue to live in the home as long as he wishes. When he no longer needs to... Read more »

1 Answer | Asked in Public Benefits and Family Law for Georgia on
Q: I have an temporary cutody order in another state, how do I change jurisdictions

I and the other party have a temporary custody agreement, however, I and the child moved a year prior to the agreement being set in place. We've lived her for over two years now and neither I or the other party live in the county that set this order.

Regina Irene Edwards
PREMIUM
Regina Irene Edwards
answered on Oct 18, 2022

It's unclear what you are asking. If there is a case pending, it stays in that county until concluded even if you both moved.

1 Answer | Asked in Consumer Law and Public Benefits for California on
Q: I fell off the Monkey bars at the gym and fracture my leg. Could I sue for physical damage?

I wasn't able to walk and lost my Job. I still have problems with my leg.

James R. Dickinson
James R. Dickinson
answered on Sep 23, 2022

You could sue. My guess is the gym had you sign a waiver when you joined, so you'll have to contend with that. Speak with a local litigation attorney. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You... Read more »

1 Answer | Asked in Banking, Gov & Administrative Law and Public Benefits for California on
Q: Can the government (EDD) garnish federal student loan money, if it's my only source of income?

I know the government can garnish your bank account or paycheck, but what if your only source of income *is* the government (e.g. unemployment, welfare, federal student loans)?

Can/do they still garnish the funds?

James R. Dickinson
James R. Dickinson
answered on Sep 22, 2022

A loan is not income. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]

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 Personal Injury, Products Liability, Health Care Law and Public Benefits for Connecticut on
Q: where can i get more help regarding opioid damages?
Tim Akpinar
Tim Akpinar
answered on Sep 14, 2022

A Connecticut attorney could probably advise best, but your question remains open for two weeks. You could look up law firms that handle product liability cases, in particular ones that specialize in pharmaceutical drugs. Firms in this sector often hold themselves out for particular drugs, in terms... Read more »

1 Answer | Asked in Public Benefits for California on
Q: Is it possible to get a lawyer to assist with an interstate adult for a mental health patient
James L. Arrasmith
PREMIUM
James L. Arrasmith PRO label
answered on Sep 16, 2022

I would look into a law firm with multiple offices in different states. That way their offices can work in tandem.

1 Answer | Asked in Civil Litigation, Public Benefits and Social Security for Florida on
Q: I am on a fix income I only make 861 a month and the ssa is trying to end my ssdi benefits need a free lawer pro bone

would need a free pro bono attorney to help me with my ssa case to keep my benefits i only make 861 a month

Charles M.  Baron
Charles M. Baron
answered on Aug 5, 2022

Contact your local Legal Services office that serves indigent persons. You appear to be writing from Vero Beach, in which case you could try Florida Rural Legal Services. Website: https://www.frls.org Tel. 888-582-3410.

1 Answer | Asked in Public Benefits for Colorado on
Q: Hello, I need to know if having or dropping a disability lawsuit in one state will effect getting disability in another.

My friend has been trying to receive disability payments from the Idaho government for over 4 years now and they have refused to five way despite major surgery and genetic health issues. She has attempted and opened a lawsuit against the state, but has been barred from recognition and has been... Read more »

Tim Akpinar
Tim Akpinar
answered on Aug 15, 2022

Attorneys in Idaho and Colorado could advise best, but your question remains open for two weeks. Your friend should consider a consult with an attorney (or attorneys) familiar with the disability systems in Colorado and Idaho before taking any serious measures, such as dropping the Idaho lawsuit... Read more »

1 Answer | Asked in Workers' Compensation, Legal Malpractice and Public Benefits for California on
Q: Hi. I was Not Paid Not Any Weekly/ Monthly Indemnity while I Attended Eight Weeks of Attending Chronic Pain Doc. My Atty

My Attorney told Me I Could Not Receive Three Disability at a Time. I Attend from 2013 to 2019 with My New PTP given to Me. I did Not Get Paid Nothing. Not Even Mileage. Only My SSDI and My Pension Owed to Me. I Attend Every Month. His Assessment Read. This Man is "PTD" SHALL NOT LIFT... Read more »

Haleh Shekarchian
PREMIUM
Haleh Shekarchian
answered on Aug 1, 2022

You may be entitled to temporary disability and permanent disability payments. However you can not collect both state disability and worker’s compensation temporary disability at the same time. That would be double recovery. You are also entitled to Milage.

More information is necessary...
Read more »

3 Answers | Asked in Public Benefits, Personal Injury and Health Care Law for California on
Q: I’m in California I was just wondering if the air filters in public bathrooms contain poo and aren’t changed can u sue?

And if so what are the steps to ?

Dan Rowan Cortright
Dan Rowan Cortright
answered on Jul 25, 2022

Well, the issue would be whether there is any evidence that the entity responsible for maintaining that bathroom was negligent in maintaining the air filters, or knew of such harmful substance existing in the filters and allowed it to remain there causing actual injury to users of the restroom.

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1 Answer | Asked in Public Benefits and Domestic Violence for Nebraska on
Q: Do I have to be notified ahead of the hearing date why someone is taking me to court so I can prepare?

The plaintiff is my ex bf whom I have a restraining order on and that no longer lives with me. The notice does not state what the reason is for the hearing. Clerk of the District Court said they do not have that information and that I should have an attorney with me on that date but I cant hire a... Read more »

Vanessa Jean Gorden
Vanessa Jean Gorden
answered on Jun 23, 2022

You would be well served to schedule a consultation with an attorney and bring in the notice of hearing you received. A Nebraska attorney can review the document and access the public court file and tell you what the hearing is about. For example, has your ex filed for a hearing on the protection... Read 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
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... Read more »

1 Answer | Asked in Criminal Law, Constitutional Law and Public Benefits for Texas on
Q: Who's job is it to police the police?
Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Jun 16, 2022

Internal affairs police the police

1 Answer | Asked in Social Security and Public Benefits for California on
Q: SSDI application declined

I've had submitted an on-line application for SSDI, but it was declined because I "have not worked long enough under SS". Even though my SS statement says that I have 40 work credits necessary for benefits, they apparently looked only at the last 10 years of taxable income.... Read more »

Susan Michele Schaefer
Susan Michele Schaefer
answered on Jun 16, 2022

To be eligible for SSDI disability benefits, you must meet BOTH a recent work test and a duration work test. The number of credits necessary to meet the recent work test depends on your age. In general, the rules are as follows:

Before age 24 - You may qualify if you have 6 credits earned...
Read more »

1 Answer | Asked in Employment Law, Gov & Administrative Law and Public Benefits for California on
Q: can you be denied from asking to speak with a supervisor or manager if following the chain of command?
Maya L. Serkova
Maya L. Serkova
answered on May 24, 2022

The short answer: Yes, you can be denied. However, your post does not disclose the facts why you need to speak to the supervisor. For example, if you need to relate a discrimination complaint based on your membership in a protected class or retaliation for engagement in protected activity, then the... Read more »

1 Answer | Asked in Civil Rights, Health Care Law, Public Benefits and Social Security for Texas on
Q: What law sections and codes do I look for when I am have lung agenesis ICD 10 code Q33.3 which is nationally covered ssa

Im 36 born with lung agenesis aka only one lung, I have severe mental health issues, I have the required amount of work credits and my ICD 10 code Q33.3 is nationally covered under the Americans with disabilities act but the ssa says that my condition is not as severe as I think it is. The... Read more »

Elizabeth Fowler Lunn
PREMIUM
Elizabeth Fowler Lunn
answered on May 8, 2022

You can read the regulations related to Social Security regulations to see how Social Security considers claims for disability benefits. SSA is making a decision as to whether your medical issues are so severe that they prevent you from doing all work that exists in the national economy. The ICD 10... Read more »

1 Answer | Asked in Public Benefits, Federal Crimes and Small Claims for Michigan on
Q: A school administrative building was throwing out their chairs and desks. Is it illegal to take one?
Brent T. Geers
Brent T. Geers
answered on May 3, 2022

I think the safest course of action would be to contact the school and ask.

1 Answer | Asked in Civil Litigation, Gov & Administrative Law and Public Benefits for Louisiana on
Q: Does this include a public sidewalk after leaving the vicinity of the before mentioned property?

Did not enter nor try to enter private owned business after being told not to. Stepped out of vicinity of said building (bar) unto public sidewalk and was told to exit (public sidewalk).

Was then told said person was in violation of remainder after forbidden. When person asked what that... Read more »

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Apr 28, 2022

No it does not. Hire a criminal lawyer

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