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Tennessee Public Benefits Questions & Answers
2 Answers | Asked in Social Security, Estate Planning and Public Benefits for Tennessee on
Q: Can I draw on my long-term partner's Social Security benefits if they pass away and we are not married?

I have been with my partner for 24 years, and although we are not legally married, we have our wills and health directives in place. If he passes before me, given that we're not married, can I draw on his Social Security benefits?

Nina Whitehurst
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answered on Jul 13, 2025

I am sorry to say that there is no theory upon which you can withdraw on the social security benefits of a deceased person who was not your spouse or parent.

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3 Answers | Asked in Probate, Landlord - Tenant, Public Benefits and Real Estate Law for Tennessee on
Q: What are my unemployed mother-in-law's options after her boyfriend's death and potential eviction in Tennessee?

My mother-in-law lived with her boyfriend for several years, but he recently passed away and left no will. They were not legally married due to her ex-husband’s refusal to file for divorce. The deceased has two daughters who want to sell the house, although the deed is in his father's name,... View More

Anthony M. Avery
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answered on Jun 25, 2025

Whenever the heirs file an Unlawful Detainer Action against her, she will need to go to Court. Ultimately the heirs will be awarded possession, and if Mother does not get out, a writ of possession will be executed on her. Before that she could ask the heirs for move expenses to get her out... View More

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2 Answers | Asked in Personal Injury, Social Security, Estate Planning and Public Benefits for Tennessee on
Q: How to find past property deeds in Tennessee to estimate stolen retirement funds?

I suspect my sibling has stolen a significant amount of my parents' retirement money, possibly in the millions. I'm trying to estimate what's missing. My father has dementia and cannot assist with this. I'm looking to find past property deeds by name in Tennessee to estimate... View More

Mr. James Charles Wright
Mr. James Charles Wright
answered on Jun 20, 2025

Many Counties in Tennessee maintain GIS services and for those counties that don't the State has a web service where a person can look up properties and ownership. For the County - I would search by the County name and add "gis" to the search. For the State web address try:... View More

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1 Answer | Asked in Employment Law and Public Benefits for Tennessee on
Q: Can my employer terminate me while on short-term disability after FMLA?

I started my short-term disability leave on May 8th, with an eight-day waiting period for the insurance payment. I've submitted all necessary forms to HR but have not received any communication from my employer. My FMLA leave will end toward the end of July, covering a full three months, while... View More

James L. Arrasmith
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answered on Jun 13, 2025

It's stressful not hearing from your employer while you're out on leave, especially when you're relying on both FMLA and short-term disability. Since your FMLA protects your job for up to 12 weeks, your employer cannot legally terminate you for taking that time off. However, once... View More

1 Answer | Asked in Public Benefits and Social Security for Tennessee on
Q: Seeking guidance on delayed SSI benefits application submitted 11 months ago in Tennessee.

I applied for SSI benefits 11 months ago, but I haven't received any updates or actions from the Social Security Administration. I have tried contacting them to inquire about the status, but they informed me that they haven't done anything yet. I have never applied for SSI before. Can... View More

James L. Arrasmith
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answered on Apr 27, 2025

Your situation with an 11-month delay in your SSI application processing is concerning yet unfortunately not uncommon in the current system. Processing times for disability applications have increased significantly in recent years, with initial decisions now taking an average of over seven months... View More

2 Answers | Asked in Civil Rights, Gov & Administrative Law, Public Benefits and Social Security for Tennessee on
Q: Seeking to file civil rights lawsuit for false psych hold by Chattanooga police, disrupting SSI, therapy, and custody due to CPS actions.

I am seeking guidance on filing a civil rights lawsuit related to a false psychiatric hold placed by Chattanooga police, violating my 4th and 14th Amendment rights. This incident resulted in my three-year-old non-verbal autistic son being removed by CPS in Tennessee while I reside in Missouri. He... View More

Michael G. Floyd
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answered on Apr 24, 2025

Good Afternoon:

The Statute of limitations has run on any suit you may have. A lawsuit can be filed on behalf of your child because the statute of limitations stops for a minor until 18.

M.G.Floyd, Esquire 901 779-4973

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2 Answers | Asked in Social Security, Civil Litigation, Identity Theft, Public Benefits and Consumer Law for Tennessee on
Q: How to retrieve personal documents withheld by mother in TN?

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

Anthony M. Avery
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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.

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2 Answers | Asked in Criminal Law and Public Benefits for Tennessee on
Q: Options for addressing fees on license from plea bargain given indigent status.

I signed a plea bargain for felony evading and reckless endangerment charges, and I was considered indigent at that time. However, there's now $4,200 in fees against my driver's license. These fees were added directly to my license related to these charges. What options do I have to... View More

Anthony M. Avery
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answered on Apr 6, 2025

Contact the DOS and see if you can get a pay plan approved with them so they will not suspend your TNDL unless you stop paying on time. Driving is a privilege, so your indigent status is irrelevant. You may need to work two jobs as you must pay probation fees, court costs as well as the DOS, all... View More

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1 Answer | Asked in Public Benefits and Social Security for Tennessee on
Q: How to address SSI issues with UTMA for a disabled 21-year-old in TN?

I have a 21-year-old child who is legally disabled and still in high school, living with a disabled veteran. The child receives SSI benefits which are used for their care, but the Social Security Administration is stating that the UTMA account is considered a resource. How can I address this issue... View More

James L. Arrasmith
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answered on Apr 1, 2025

When the Social Security Administration counts a UTMA account as a resource for your disabled child who receives SSI, you face a significant challenge since SSI eligibility requires resources below $2,000. The transition at age 21 makes this particularly complex in Tennessee, as your child legally... View More

1 Answer | Asked in Public Benefits for Tennessee on
Q: Will moving to TN and losing housing affect my SSI and SSDI benefits?

I currently receive both SSI and SSDI benefits in Illinois. If I permanently move to Tennessee, would losing my housing or not having a secure residency affect my ability to continue receiving these benefits?

James L. Arrasmith
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answered on Apr 13, 2025

If you move from Illinois to Tennessee, your SSI and SSDI benefits should not be directly affected by the move itself. Both SSI and SSDI are federal programs, so the benefits you receive are based on your disability status and income level, not on the state where you live. However, SSI is a... View More

1 Answer | Asked in Employment Law, Public Benefits and Appeals / Appellate Law for Tennessee on
Q: Can I appeal unemployment overpayment claim after being fired, not quitting?

I was fired from a temp agency on November 12, 2024, and applied for unemployment benefits within a week. I received my first unemployment check on November 23, but later they claimed I quit and now say I owe the money back. I was fired via phone call without any paperwork, though I did text a... View More

James L. Arrasmith
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answered on Apr 13, 2025

If you were fired and the unemployment agency is claiming you quit, you can still take steps to challenge the overpayment claim. Since you missed the hearing, the first thing you should do is contact the unemployment office and explain the situation, especially the issue with missed mail and not... View More

1 Answer | Asked in Divorce and Public Benefits for Tennessee on
Q: How can I affordably get a divorce in Tennessee without a lawyer?

I'm seeking the most affordable way to get a divorce as I cannot afford an attorney. My situation is as follows: I have six children, none of whom are my husband's. We got married six months ago, but he moved out two weeks after the wedding. I rely on housing benefits, food stamps, and a... View More

James L. Arrasmith
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answered on Apr 13, 2025

To get an affordable divorce in Tennessee without hiring a lawyer, you can file for a simple, uncontested divorce if both you and your husband agree on the terms. Since you have no joint assets or debts and both parties are in agreement, the process can be fairly straightforward. You will need to... View More

1 Answer | Asked in Public Benefits and Social Security for Tennessee on
Q: Concern about delay in SSI benefits decision from SSA lawsuit.

I have a lawsuit against the Social Security Administration regarding my Supplemental Security Income (SSI) benefits. My case has been awaiting a judge's decision since January of last year. I am concerned about the length of time it is taking for a decision to be made. What can I do to... View More

James L. Arrasmith
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answered on Mar 20, 2025

Waiting for a decision in your SSI case since last January is understandably frustrating. SSA lawsuit decisions typically take 6-18 months, though the pandemic has created additional backlogs in many jurisdictions.

You might expedite your case by contacting your congressional... View More

1 Answer | Asked in Public Benefits and Social Security for Tennessee on
Q: Will my SSI rate change if I move from Illinois to Tennessee?

I am currently receiving Supplemental Security Income (SSI) at a rate of $311 and Social Security Disability Insurance (SSDI) at a rate of $676 in Illinois. I live alone and am considering moving to Tennessee. Would my SSI rate change if I move to another state like Tennessee?

James L. Arrasmith
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answered on Mar 16, 2025

If you move from Illinois to Tennessee, your SSDI amount of $676 will remain the same because SSDI benefits are based solely on your work history and earnings record, and they're unaffected by where you live.

However, your SSI amount could change slightly because SSI includes a federal... View More

1 Answer | Asked in Collections and Public Benefits for Tennessee on
Q: How can I get free legal help for a subpoena in TN?

I've been subpoenaed by a cash loan company to appear in court in two days. The original loan was for $500, but they're now demanding nearly $900. They didn't acknowledge a payment I made and refused me an extension, citing a late payment issue when they were closed on the due date.... View More

Anthony M. Avery
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answered on Feb 25, 2025

Apparently creditor already has a judgment against you and is putting you under oath to find assets. Find out the Tennessee Exemption Statutes and claim them in a filed Notice of Exempt Property. But you will still have to appear and testify. Be honest.

2 Answers | Asked in Immigration Law and Public Benefits for Tennessee on
Q: Will husband's unemployment filing affect my green card conditions removal?

I received my green card through marriage and spousal sponsorship a few months ago, transitioning from an F1 visa. My husband, a recent college graduate, wishes to file for unemployment while he searches for a job. We have been married for 2 years, filed taxes jointly, and recently had our first... View More

Carlo Franco L. Borja
Carlo Franco L. Borja
answered on Feb 18, 2025

Your husband's filing for unemployment will not negatively impact your future application for the removal of conditions on your green card

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1 Answer | Asked in Civil Rights, Constitutional Law, Health Care Law and Public Benefits for Tennessee on
Q: How to Find an Attorney to Sue TN State Medicaid for Injuries and Civil and Constitutional Rights Violations?

I live in Tennessee. I'm a disabled adult on SSI and Medicaid (Tenncare). I am disabled by fully treatable, even curable health conditions caused by my underdeveloped jaws compromising my airway-breathing and sleep. I am not able to receive rehabilitative care (aka "medical... View More

James L. Arrasmith
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answered on Jun 1, 2024

Finding an attorney for your situation can be challenging, but there are steps you can take to improve your chances. Given your circumstances, you should look for attorneys with experience in civil rights, health law, and possibly public interest law. These areas cover issues related to Medicaid,... View More

1 Answer | Asked in Identity Theft, Public Benefits, Social Security and Banking for Tennessee on
Q: I want to sue my ex stold my identity and social security benefits from2017 when i was incarcerated til 20& My stimulus

I lost all my paperwork. But he had 5 chime cards out in my name when I found out in 2021.

It happened in dickson tennessee he was also very abusive to me and I am very much mentally disabled and I am praying that I have a chance to make sure that he is not going to get away with his... View More

James L. Arrasmith
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answered on Dec 26, 2023

You have grounds to take legal action against your ex for identity theft and the fraudulent collection of your social security benefits. Identity theft is a serious crime, and if your ex used your identity to obtain benefits and open accounts in your name without your consent, this is a matter that... View More

1 Answer | Asked in Public Benefits for Tennessee on
Q: My fiancee is keeping my VA disability check from me and trying to use it as her own income.

She will not allow me use of my disability check that's deposited in her account. I'm a combat vet with memory loss and PTSD which is why I've set it up to go in an account that she has access to. I cannot get my money from her and she keeps trying to haggle me by trying to give me... View More

Anthony M. Avery
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answered on Aug 7, 2023

You must get the VA involved and remove her as the attorney in fact, caregiver, payee, etc. It is possible some VA recognized individual will take over for you unless you have a good alternative payee in mind. Ultimately you may want to resume getting your VA Disability Check yourself again.

1 Answer | Asked in Civil Litigation, Criminal Law, Federal Crimes and Public Benefits for Tennessee on
Q: Under Title 39 rule broken is 5 and 8 Is there away to get my gun license reinstated

Did go to court but was discontinued on both cases.

Anthony M. Avery
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answered on Jan 25, 2023

Your question makes no sense. Redo your question. There is a procedure in General Sessions Court to appeal the denial of a Handgun Permit.

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