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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 
In July 2020, I was arrested for unknowingly purchasing a stolen car (10851 VC). A warrant was issued in November 2020, but I never received any notice about it. When I went to court in July, no charges were filed against me. I have confirmed that the warrant is still active, but due to financial... View More
answered on Apr 15, 2025
First, I recommend contacting the court that issued the warrant or the relevant law enforcement agency to confirm its status and gather details about the process for resolution. This step is critical to prevent an unexpected arrest and to clarify why the warrant remains active, particularly since... View More
I'm currently on disability benefits until July, after which they will end. My company doesn't offer long-term disability (LTD), and I'm currently on unpaid medical leave. What are my options to secure income or additional benefits once my current disability benefits expire?
answered on Apr 8, 2025
if you have not sought them, you have disability benefits under the California State Disability Insurance administered by the EDD. If that is what you are presently receiving, your only other possible recovery would be through Social Security Disability Insurance, which is much harder to get, and... View More
Last week, a doctor assigned by SSI informed me that I was diagnosed with colon cancer back in 2021, according to my medical records, but I was never informed about this diagnosis. I have documents verifying the diagnosis, which the SSI doctor recently explained to me. This was shocking, as I had... View More
answered on Apr 2, 2025
I am sorry to hear of your misdiagnosis. If you learned of the misdiagnosis within the last year, you may be able to file a malpractice lawsuit to recover for your damages against the provider/hospital. The value of your case depends on many factors, such as how far the cancer has progressed, the... View More
Last week, a doctor assigned by SSI informed me that I was diagnosed with colon cancer back in 2021, according to my medical records, but I was never informed about this diagnosis. I have documents verifying the diagnosis, which the SSI doctor recently explained to me. This was shocking, as I had... View More
answered on Apr 2, 2025
If you have been injured as a result, you may have a claim. Injury will mean your condition progressed from treatable to not treatable, or that the nature of treatment has changed and will leave you in a substantially worse position than if treatment had been provided in 2021. Ordinarily, your... View More
Last week, a doctor assigned by SSI informed me that I was diagnosed with colon cancer back in 2021, according to my medical records, but I was never informed about this diagnosis. I have documents verifying the diagnosis, which the SSI doctor recently explained to me. This was shocking, as I had... View More
answered on Apr 3, 2025
As with any case, there is a statute of limitations concern, and with medical malpractice claims that statute can be arguable, a knew-or-should-have-known test. However, your case sounds as if it warrants investigation as a 'delayed diagnosis' case, and this type of scenario is most... View More
I'm wondering if my sons can appoint me as the executor of their father's estate, my ex-spouse, who died intestate. I was his Power of Attorney and Health Representative and handled all his affairs as best as I could while he was alive. Unfortunately, he died from complications before we... View More
answered on Mar 28, 2025
Your sons have priority to act as administrator per the priority schedule listed in the probate code.
However, your sons can nominate you to be the administrator of your ex-husband's intestate probate estate. Typically the nominations (non-judicial council form) are attached to the... View More
As a beneficiary of a trust, I am currently receiving assistance from government programs (SSDI/SSI, Medicare A & B, CalFresh, and Section 8) in California. I want to understand the best way to collect my inheritance while maintaining my services. The trust includes mentions of government... View More
answered on Mar 16, 2025
It is difficult for a lawyer to answer questions without having all the facts of a situation, but it sounds like a Special Needs Trust ("SNT") may be the best option for you. The purpose of SNTs is to provide funds to someone receiving government benefits without disqualifying them from... View More
I am facing financial hardship due to consuming credit card debt and my credit score is not sufficient to consolidate it. My employer offers only a hardship withdrawal as an option from my 401k, but my situation does not meet their hardship criteria. I am willing to pay the 10% penalty fee. My... View More
answered on Feb 21, 2025
I have a feeling that your situation probably does meet the hardship criteria, but that maybe you not using the right buzz words when you describe your situation to them. You probably just need some help in writing a better request.
I do think you need advice in-person from a bankruptcy... View More
Husband injured during wildfire evacuation,paralysed within weeks of injury. Past 3 years,he’s had 3 spinal surgeries(metal rods/carriages from base of skull to mid shoulder blades,mid back to tailbone(unable to twist turn or bend like normal human)and a pacemaker installed. His neurosurgeon and... View More
answered on Nov 9, 2024
Go to the attorney your husband had for the injuries he suffered at work. S/he should be able to guide you through the process of getting him better care. That's a good place to start. Then learn what you can about co-dependency and how to treat it. Or maybe you should do that first.... View More
On behalf of disabled son whom is a minor. Currently on IHSS 33hrs p/mo for para medical due to sever asthma, PROTECTIVE SUPPERVISION, i ended up leaving my job to adequately care for my son as his needs have been greater with each passing day. Best option is for me to care for him. IHSS case... View More
answered on Oct 16, 2024
This is a very complex question and depends on the individual facts. The IEP process is the place to address school services, in home education (for a homebound student), related services etc. from the public school district. If they won't qualify him, you can challenge that by asking for an... View More
I have lost access to email accounts associated with the recovery, password reset and/ or two-step verification process...
Seeking advise/ information in regards to updating and securing personal information; identity scam prevention.
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answered on Jul 22, 2024
To regain access to your credit and Social Security, IRS profile accounts, you need to update and secure your personal information. Start by contacting the relevant agencies directly via phone or their official websites to explain your situation. They can guide you through the process of verifying... View More
I filed a claim they rarely gave me any info about the status of claim. They continued with stating they withdrew from being my representative. In addition, they wished to be removed as the payer on file for any fees paid, plus waiving their right to all rights or claims to a fee relative to claim.... View More
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answered on Jul 19, 2024
When you receive a letter stating that your disability claim file is being closed and your representative wishes to withdraw, it generally means they will no longer manage your case. They will not be responsible for handling any aspects of your claim moving forward. Additionally, they are... View More
Back in 2020. I filed an unemployed claim but wasn't sure I was eligible since I was self employed and have my own S-Corp. I filled out the forms retroactively. I inadvertently told EDD that no income was received by me for those 2 retroactive months. After I hit submit, I realized that I was... View More
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answered on Jul 1, 2024
This is a complex situation that involves unemployment insurance claims, self-employment, and potential errors in reporting. Here's a breakdown of the key points and some general advice:
1. Potential incorrect filing: You filed an unemployment claim in 2020 as a self-employed... View More
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answered on Jun 17, 2024
If your lawyer is claiming that they didn't represent you and accuses you of impersonation, you need to take immediate action to clarify the situation. Start by gathering any documentation or evidence you have that shows the lawyer-client relationship, such as emails, signed agreements, or... View More
My contracting company told me not to work while my contract is pending budget approval with the client. They said they would have an answer about the status of my contract by "the start of next week." I replied and asked HR if I still have health insurance while my contract is pending.... View More
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answered on Jun 5, 2024
In California, short-term disability insurance (SDI) is a state-mandated program that provides partial wage replacement for employees who are unable to work due to a non-work-related illness, injury, or pregnancy. To be eligible for SDI, you must have paid into the program through payroll... View More
How does it work when you have to repay the state disability you've received from a workers compensation settlement? Does the repayment start from when you file workers compensation or would you have to repay everything from when you first began receiving disability? Also some of the... View More
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answered on May 30, 2024
Under California law, when you receive a workers' compensation settlement, you may be required to repay the state for the disability benefits you received during the period covered by the settlement. This is known as the "SDI reimbursement" process. Here's how it typically... View More
Is that a worker told me that I'm not denied or approved and I explained to her that I am homeless and that I've been waiting for the past 8 years on this wait list trying to get a house or roof or me and my child's head and she told me that she's going to be watching the case... View More
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answered on May 28, 2024
Based on the information provided, it seems that you are in a difficult situation and have been waiting for housing assistance for a long time. California law does provide some protections for individuals with criminal records seeking housing, but the specific circumstances of your case would need... View More
Property Management a copy of the court ordered stay away from to different individuals that I have documented DV cases with. We have a call box at the front door. We where using my brothers name instead of mine. Within the last few weeks and without warning my brothers name is gone and they have... View More
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answered on May 24, 2024
I'm sorry to hear about the situation you and your children are facing. Given the removal of your brother's name and the listing of your name and apartment number, it's crucial to act quickly to protect your safety.
Firstly, contact the property management immediately to... View More
I just thought of this and realized it may be a valid issue that may need further addressment legally
. I had been accepted into the hud-vash program for vets and recieved my section 8 voucher to be placed into section 8 housing .my girlfriend and i no sooner moved in and 3 months later in... View More
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answered on May 14, 2024
I'm sorry to hear about the difficult situation you and your girlfriend have been facing with housing and homelessness. It sounds like a complex legal issue involving the HUD-VASH program, VA disability compensation, and eviction.
Here are a few suggestions on next steps to consider:... View More
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