California Public Benefits Questions & Answers

Q: Doctor punched my infected kidney & nurse gave me a shot in but cheek which paralyzed me for 3 days after hitting nerve.

2 Answers | Asked in Personal Injury, Medical Malpractice and Public Benefits for California on
Answered on Jan 22, 2019
William John Light's answer
It is highly unlikely that you were "punched" by a doctor in the course of medical treatment, unless you were being uncooperative and a danger to yourself or others. If that actually happened, contact the Medical Board. http://www.mbc.ca.gov/Consumers/Complaints/

If your complaints of "punching" are sustained, a personal injury attorney might be interested in taking your case.

With regard to the shot in the cheek, if your paralysis has resolved, and if that condition was the...

Q: What if you feel that you are a victim of a practice that was using you medical insurance for profit.

1 Answer | Asked in Insurance Bad Faith, Medical Malpractice, Public Benefits and Personal Injury for California on
Answered on Jun 5, 2018
Dale S. Gribow's answer
NEED MORE INFO

YOU MAY WANT TO CHANGE DOCTORS AND THEN REPORT THIS DOCTOR TO LAW ENFORCEMENT AND MED BOARD IF YOU HAVE THE EVIDENCE

Q: I have a broken disck and applyied for disability the state took it all and no explanation as to why.

2 Answers | Asked in Civil Rights, Personal Injury, Public Benefits and Employment Law for California on
Answered on Feb 16, 2018
Domingo Castillo Jr's answer
More details & info needed. I suggest you look for a workers comp attorney and ask him/her questions then allow him explain what he can do for you.

Q: If my father is under the care of his brother who is not using his disability check correctly

1 Answer | Asked in Health Care Law, Elder Law, Public Benefits and Social Security for California on
Answered on Jan 4, 2018
Priscilla Ann Madrid's answer
If you feel that your father is being financially abused by his brother the first step would be to file a report with adult protective services in your area. You may also want to file a petition for appointment of yourself as conservator of the person and estate of your father. Consult with an attorney in your area to determine whether this is a viable option. You can find out more about conservatorships on your local superior court website. Many courts offer conservatorship workshops for...

Q: My ex received welfare and I lived with him at the time. Social Services filed a case against me to be reimbursed.

1 Answer | Asked in Civil Litigation, Gov & Administrative Law, Public Benefits, Social Security and Family Law for California on
Answered on Aug 23, 2017
Louis George Fazzi's answer
You need to file a claim with the California franchise tax board to receive your money back. Gather your evidence together to show that you were not receiving public aid at the time and that any income you had was your own, and that is what you were using to support yourself. If you were married at the time, however, California community property law provides that any debt incurred during the marriage is jointly owned by both husband and wife. So if your husband sought and received welfare...

Q: Can you Bill the state if the court asks you to take a unrinalist test 30 miles from where you live .

1 Answer | Asked in Public Benefits and Civil Rights for California on
Answered on Jul 23, 2017
Louis George Fazzi's answer
The short answer is no. If you are ordered to take a urine test by a court, the court is a function of the county where you reside. The state has nothing to do with it.

Q: permanent disability cheque from state fund every 14 days in my hand or every 14 days they mail it out

1 Answer | Asked in Public Benefits for California on
Answered on Jul 11, 2017
William John Light's answer
No one can guarantee when the postal service will put a disability check in your hand. If the State Fund offers direct deposit, get it. No waiting for the postman.

Q: Creating a Scholarship

1 Answer | Asked in Public Benefits and Education Law for California on
Answered on Jul 5, 2017
Ali Shahrestani, Esq.'s answer
Why not just donate the money? Are you planning on making this scholarship a yearly one? Have you considered forming a non-profit business entity for this purpose, or perhaps working through the "giving" school to donate the money to them and have them earmark it with your purpose in mind? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards,...

Q: If my worker's comp case is settled and a check should be coming to me in the mail w/i 30 days, should I be anxious?

1 Answer | Asked in Workers' Compensation and Public Benefits for California on
Answered on Jun 14, 2017
Nancy J. Wallace's answer
Don't be anxious. Just keep in mind you save the envelope in which the check comes. Open any envelope from the comp insurance carrier with great care, preserving the post mark showing the date it was mailed. You might have to produce that post-marked envelope for a judge in the coming weeks, so make certain it is readable. If the check is late, check the date on the Order Approving the settlement from the judge, and the date the defense attorney got the order. If the defense...

Q: What is the California law for contesting results of my son's school's evaluation for a learning disability

1 Answer | Asked in Education Law and Public Benefits for California on
Answered on Apr 14, 2017
Ali Shahrestani, Esq.'s answer
You can hire your own psychologist to do the evaluation and submit it to the school to object to their decisions. See: http://www.aeesq.com/education-lawyer/education-law/

More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA,...

Q: If officers respond to a call made by the neighbor of a residence that had loud explosions and smoke exiting the home,

1 Answer | Asked in Public Benefits for California on
Answered on Mar 17, 2017
Ali Shahrestani, Esq.'s answer
Yes potentially, as that sounds like exigent circumstances, which is an exception to the requirement for a warrant. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal...

Q: A security guard touched my butt.I ran to car told my husband.He socked guy in face one time.Why is my husband in jail?

2 Answers | Asked in Personal Injury, Public Benefits, Criminal Law and Sexual Harassment for California on
Answered on Mar 17, 2017
Ali Shahrestani, Esq.'s answer
Assault and battery is a crime with a fine and/or jail as a punishment. You can sue the security guard for assault and battery as well, if you do so in a timely manner before the statute of limitations runs out. You might also have a negligent hiring/training/supervision suit against the guard's company. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards,...

Q: how do I make the santa barbra county comply with the public access provision of the costal.

1 Answer | Asked in Civil Rights, Gov & Administrative Law and Public Benefits for California on
Answered on Mar 17, 2017
Louis George Fazzi's answer
The best advice I can give you is to do a Google search for lawyers with experience regarding public access to California's beaches. I am sure you will find several right in your local area. You can also contact your local county bar association client referral program (e.g. Santa Barbara County Bar Association http://sblaw.org/sbcba-lawyer-referral-service/) and ask for a referral to a law firm with expertise in this precise issue. There is a short video which explains what services they...

Q: What does ssi offer for someone that receives a lump sum so they don't loose there ssi benefits?

1 Answer | Asked in Public Benefits, Social Security and Workers' Compensation for California on
Answered on Mar 9, 2017
Ruben Montoya's answer
Cannot really understand your question. If you are asking what does Social Security Indemnity offer for someone that receives a WC lump sum settlement the answer is nothing. If you want to know how to not lose SSI benefits when receiving a lump sum the answer is the hartman formula which based on the facts can help mitigate the loss of SSI benefits. BUT the BEST ANSWER WOULD BE TO GET AN ATTORNEY. Good Luck!

Q: If someone enters a drug rehab voluntarily, after they completethe program is there help after treatment?

1 Answer | Asked in Public Benefits and Health Care Law for California on
Answered on Feb 24, 2017
Ali Shahrestani, Esq.'s answer
This sounds like a medical question rather than a legal one. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.

Q: Need an lawer for my son . On back pay, his father dead. What are how to go about thee Matter?

1 Answer | Asked in Family Law and Public Benefits for California on
Answered on Feb 18, 2017
Ali Shahrestani, Esq.'s answer
You may pursue the deceased father's estate for child support arrears. See: http://www.childsup.ca.gov/payments/overduepayments.aspx

More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business &...

Q: Can a federally funded agency receive police reports & records without consent from subject?

1 Answer | Asked in Civil Rights, Criminal Law, Domestic Violence and Public Benefits for California on
Answered on Feb 16, 2017
Ali Shahrestani, Esq.'s answer
Police reports are public documents over which there are no privacy rights vested in the subject of the reports. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal...

Q: Under CA Gov't Code 53216.6, what kinds of administrative expenses are considered reasonable?

1 Answer | Asked in Gov & Administrative Law and Public Benefits for California on
Answered on Feb 13, 2017
Ali Shahrestani, Esq.'s answer
Have a lawyer review the situation in depth with you. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer...

Q: FAULTY GRANT DEED ISSUED FROM 2015 DEFAULT TAX AUCTION -ASSESSOR WILL NOT AMEND- AFFECTING MY RIGHTS

1 Answer | Asked in Real Estate Law and Public Benefits for California on
Answered on Feb 7, 2017
Ali Shahrestani, Esq.'s answer
The appropriate method of dealing with this may be to file a lawsuit against your neighbor to grant you a right-of-access easement and to clarify the property borders. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the...

Q: My mom died 10 years ago and left no estate.Now that I inherited a home from my grandparents can Medi-Cal come after it?

1 Answer | Asked in Collections, Health Care Law and Public Benefits for California on
Answered on Aug 11, 2016
Sergio G. Chaidez's answer
They can try, but they should not succeed. They may not know what happened. Your grandfather's estate is not liable for your mother's debt, so they cannot collect against his estate. Now that it soon will be your property, you also are not liable to for your mother's debts (unless you expressly guaranteed her debts). Further, it being 12 years since her death, that should make it even more difficult for them to try to take property from you.

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