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

2 Answers | Asked in Public Benefits and Social Security for California on
Q: Applying for SSDI after receiving Unemployment assistance?

I have a progressing illness which qualifies me for SSDI.

Now I lost my job because of COVID-19.

I am planning to collect my unemployment now and then, if no luck finding a job that I can do (if any), I will apply for SSDI.

My question: Can (will) the fact of me receiving... Read more »

Nancy J. Wallace
Nancy J. Wallace answered on May 14, 2020

EDD has Unemployment Insurance or State Disability Insurance (SDI). Self employed do not get UI. Self employed do not get SDI (it's a deduction on workers checks ). Social Security Disability ftom the Federal govt is a possibility. But it requires doctors writing you cannot work, and it... Read more »

View More Answers

1 Answer | Asked in Public Benefits and Social Security for California on
Q: Receiving Government relief and Unemployment while applying for Disability?

I am in the process of filing for SSDI in CA which coincidentally happens during the ongoing COVID19

Following announcements I have filed for temporary relief and unemployment insurance- just as the Governor said.

The condition of applying for SSDI is absolutely no income from any... Read more »

Neil Pedersen
Neil Pedersen answered on May 12, 2020

To get SSDI you need to certify that you are physically or mentally incapable of performing work. To get unemployment insurance benefits you need to certify that you are ready willing and able to work full time and that you are seeking full time employment. The two are mutually exclusive. If you... Read more »

1 Answer | Asked in Insurance Bad Faith, Public Benefits and Social Security for California on
Q: I was paid short term disability but now ins. co. sys they made a mistake. Do I have to pay them back?
Neil Pedersen
Neil Pedersen answered on Apr 27, 2020

There is no way anyone here can answer that question without knowing far more. However the general rule is that the law does not usually allow someone to benefit from the mistake of another, and in most situations where a contract is concerned, money received by mistake needs to be paid back or a... Read more »

1 Answer | Asked in Civil Rights, Landlord - Tenant and Public Benefits for California on
Q: Can family homeless shelters kick families out during the Corinavirus quarantine?

My newborn, medically fragile son and I were kicked out while the entire facility was quarantined due to another family having Coronavirus symptoms.

Louis George Fazzi
Louis George Fazzi answered on Apr 18, 2020

In these most unusual of times, administrators of shelters must make terribly tragic decisions based on the conditions which exist. I'm sure you are grateful for the fact that you and your son do not presently have the coronavirus, but that can be little consolation while you are still... Read more »

1 Answer | Asked in Public Benefits for California on
Q: We came to the United States 4 years ago and we have sponser(my uncle),we don't have good financial situation right now

my uncle never support us from first day and we don't speak with he, actually he left us!

Can we apply for food stamps?

does this affect on US citizenship?

thanks

Manuel Alzamora Juarez
Manuel Alzamora Juarez answered on Apr 12, 2020

If you are citizens or permanent residents who have sponsored a relative, you are presumed to have sufficient income to sponsor said relative. Since 4 years have gone by, you should go and request your food stamps based on loss of income and job due to Corina virus.

1 Answer | Asked in Immigration Law, Health Care Law, Public Benefits and Social Security for California on
Q: Permanent resident can't receive CalFresh not cash assistance?

My GF has had applied for CalFresh assistance and just has received a phone call from the worker asking all sorts of questions.

According this worker, they expect that GF would supply details about how she had obtained the green card many years ago, along with detailed information about her... Read more »

Kevin L Dixler
Kevin L Dixler answered on Apr 1, 2020

She only needs to provide proof of lawful permanent resident status by way of her alien number. Perhaps, she can also show a copy of her ‘valid card.’ She has no other status, so other questions seem irrelevant, perhaps, unless this concerns more, which seems questionable.

Any other...
Read more »

3 Answers | Asked in Employment Law, Immigration Law and Public Benefits for California on
Q: Can illegal immigrants apply for unemployment? If not, what other solution is there?

Due of the corona virus, people are being let off from work, including illegal immigrants. Because of this, can they apply for unemployment? If not, what other solution is there for them to receive money or aid from the government? What can be done when bills and rest must still be paid and food... Read more »

Neil Pedersen
Neil Pedersen answered on Mar 24, 2020

In California your immigration status should not disqualify you from unemployment insurance benefits. However if the employer has not paid into the fund on your behalf if you have a fictitious or fraudulent social security number you will face difficulties. Nonetheless apply and work through... Read more »

View More Answers

2 Answers | Asked in Consumer Law, Gov & Administrative Law and Public Benefits for California on
Q: Coronavirus: Postponing gym membership or do nothing?

-

William John Light
William John Light answered on Mar 18, 2020

Whether you have a right to cancel your membership is set forth in your Gym contract and Civil Code section 1813.80, and following statutes. The terms by which you might be entitled to a freeze on the membership are likely also specified in the contract. Whether the gym's current offer to... Read more »

View More Answers

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.