Lawyers, Answer Questions  & Get Points Log In
California Public Benefits Questions & Answers
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 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 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.

View More Answers

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 Gov & Administrative Law and Public Benefits for California on
Q: Can i put ad on money? like put link of my website in 1$ bill. If yes how many of them i can do without any issuese?

Is it legal?

Can i print on money?

will it consider as vandalism if its small and its in the corner?

is it good idea?

Maurice Mandel II
Maurice Mandel II
answered on Nov 17, 2021

No, it is not a good idea, it is a bad idea. You would be committing a Federal Crime by defacing currency. You would be investigated by agents from the U.S. Treasury or the Secret Service. The more money you print on the more likely you are to be caught. More people today use electronic... Read more »

2 Answers | Asked in Gov & Administrative Law, Public Benefits and Social Security for California on
Q: I will be going before an Administrative Law Judge for Social Security disability benefits. Any clinics around to help?
Elizabeth Fowler Lunn
PREMIUM
Elizabeth Fowler Lunn
answered on Sep 15, 2021

There may be a local law school with a clinic for disability benefits so you could call around and ask. If you are concerned about not having money to pay a lawyer you don’t need to worry about that. You don’t pay up front and the attorney only gets paid a percentage of your back benefits if... Read more »

View More Answers

1 Answer | Asked in Family Law and Public Benefits for California on
Q: Do I have to sign the case # HF06254872? I felt harassed as her lawyer just attached 271 sanctions. I live in Chico.

It is related to CalPers retirement which we signed agreeing to keep my and she keep her pension in a divorce case 11 years ago. I was served by her son in law, but I still did not sign as I do not know what they wants from me except for my signature for??? I just am afraid that she will go... Read more »

Tobie Brina Waxman
Tobie Brina Waxman
answered on Jul 30, 2021

As we have no idea what you are talking about and no idea what it is you are being asked to sign it's impossible to respond to this question meaningfully.

Q: Can congress form a city in a state by overriding state and local government
Tim Akpinar
Tim Akpinar
answered on Jun 26, 2021

This question could be beyond the scope of this forum. Congress does have certain enumerated powers granted under Article I, which include collecting taxes, paying debts, providing for the common defense and general welfare, borrowing on the credit of the United States, regulating commerce, etc.... Read more »

4 Answers | Asked in Bankruptcy, Contracts, Workers' Compensation and Public Benefits for California on
Q: I am the vendor in a bankruptcy case and the pay out was to commence on 2021/25/05, and the judge approved my paperwork.

Sent in claims paperwork and it was accepted and the asking of the funds was on the 25th to cover the prior court date asking amount.

Tristan Brown
PREMIUM
Tristan Brown
answered on Jun 3, 2021

Hello,

Given the information provided, I am unable to determine what information you are seeking. Please provide some additional information if you are seeking an answer or solution on this forum.

View More Answers

1 Answer | Asked in Public Benefits for California on
Q: Struggling with my spouse. Two kids and I am trying to get government assistance with a full-time gross income of 35K.

I can't afford a unit to live alone due to the prices in our area and is it ok to live with him in our apartment now but as a Single Mom?

Peter N. Munsing
Peter N. Munsing
answered on Jun 2, 2021

Contact legal services or Catholic family services. The problem is that the "standard of need" tends to be artificial, and out of date. You need to find out what is available for you in terms of pulbic housing, housing assistance etc.

If you think it stinks, then work with...
Read more »

1 Answer | Asked in Appeals / Appellate Law, Civil Rights, Identity Theft and Public Benefits for California on
Q: Hi I’m being falsely accused of fraud by the department of human assistance in Sacramento ca I need my identity stole
Yelena Gurevich
Yelena Gurevich
answered on Mar 10, 2021

you have no question pending. you are going to want to speak with an attorney to go over all your facts and circumstances to determine your rights and options.

1 Answer | Asked in Estate Planning, Collections and Public Benefits for California on
Q: Would a lien on my brother's inheritance prevent it from being counted as income or asset by SSI and Medicaid?

I'm executor of my father's estate. The funds will be divided among 6 siblings, about $6000 each. One brother is on SSI, SSDI, and Medicaid, in Vermont. If he inherits $6000, he is in danger of losing his Medicaid until he spends $4000. Losing his Medicaid could cost him a lot more than... Read more »

Sally Bergman
Sally Bergman
answered on Sep 14, 2020

This is a question that needs to be answered by an attorney licensed in Vermont and familiar with its Medicaid rules and regulations as every state is different. There are likely ways he can spend that amount of money down without interrupting his SSI/MEDICAID benefits and/or can create an ABLE... Read more »

1 Answer | Asked in Employment Law and Public Benefits for California on
Q: I would like to receive the Opinion of the California Supreme Court rendered on July 30, 2020, regarding pensions.

The opinion of the Court resolved the eligibility of former public employees to receive pensions that are based on incomes that include overtime, or increased pay for extra work on the part of the employees. This opinion was rendered on July 30, 2020, and it interpreted legislation that was... Read more »

Neil Pedersen
Neil Pedersen
answered on Sep 14, 2020

California Supreme Court opinions are published without charge onto the internet. I think this is the case you seek: https://www.courts.ca.gov/opinions/documents/S247095.PDF

Good luck to you.

1 Answer | Asked in Estate Planning, Real Estate Law, Tax Law and Public Benefits for California on
Q: Can the state/government take a house that was left to me by parents if I've collected welfare?

My parents are planning to make a will but unsure if state/government will be able to seize it after its in my name because ive collected welfare (cash, food stamps, medical)

James Edward Berge
James Edward Berge
answered on Aug 18, 2020

No. If you receive Medi-Cal, SSI, TANF, SSDI, VA or IHSS benefits, a house in which you reside is considered a non-countable resource in your benefits determination. If you receive Section 8 housing however, a house will jeopardize those benefits. Food stamps are based on income, not assets,... Read more »

1 Answer | Asked in Public Benefits for California on
Q: Why would it be ok in 1 program to live in a tent as being homeless and not the other program ?
Maurice Mandel II
Maurice Mandel II
answered on Jul 9, 2020

It depends on the terms of the programs. More information is needed. Consult the Legal Aid society in Sacramento. If you cannot find a listing, contact the Sacramento Bar Assn.

Justia disclaimers below, incorporated herein.

1 Answer | Asked in Family Law, Appeals / Appellate Law, Child Support and Public Benefits for California on
Q: I've had money taken from me for A child that's not mine from over 20 years and they're grown I want my money back

My stimulas has been taken and in the past it was made to stop garnishing wges but didn't know I can't get unemployment either I am not the father

Chris M. Bradford
Chris M. Bradford
answered on Jul 1, 2020

The judge is going to ask you: Why did you wait 20 years to challenge that you are not the father? Why didn't you do that 20 years ago? If you look back at the original order it no doubt says that you are the father in the original order. If you were not the original father, it should... Read more »

1 Answer | Asked in Public Benefits, Social Security and Medical Malpractice for California on
Q: My Doctors&Clinic kept inaccurate records & have altered them to avoid dealing with a complaint. Is this malpractice?

I can prove they altered them. The result has been denial for SSDI benefits and a severe deterioration in my quality of life and has endangered my overall health permanently. I don't know what to do to fix this?

William John Light
William John Light
answered on Jun 23, 2020

It might be a HIPAA complaint, but damages are not available for that under the statute.

It might be Negligent Interference with Prospective Economic Advantage, but it's unclear that there would be enough money at stake to justify this type of claim.

Also, I don't know...
Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.