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California Public Benefits Questions & Answers
1 Answer | Asked in Civil Rights and Public Benefits for California on
Q: Do I have a discrimination or some other kind of case?

I recently applied for a grant program in the state of California. I just received an email saying that because of the area I live in that they declined my application due to it not being a low income area. I recently lost my job and in turn lost my car. I’ve been unable to find a new job because... View More

James L. Arrasmith
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answered on Jun 13, 2023

I'm sorry to hear about the difficulties you're facing with your grant application in California.

Grant programs often have specific criteria for eligibility, and decisions are based on those guidelines. Without reviewing the program's requirements, it's challenging to...
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3 Answers | Asked in Personal Injury, Domestic Violence, Landlord - Tenant and Public Benefits for California on
Q: My manger wont let my son visit me he did nothing wrong . He is i ntimidating me Yelling at me in front of ev

Eryone. Treating with no dignity kr redpect because i filled a restraining order on a tenent who sexually harrassed me.

Maurice Mandel II
Maurice Mandel II
answered on Jun 8, 2023

I notice that you filed in Landlord-Tenant, and not employment, so I assume that this "manager" is your apartment manager. If you are a victim of domestic violence or a crime such as sexual assault, you are entitled to protections from harassment from your LL. The manager is the LL.... View More

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1 Answer | Asked in Gov & Administrative Law, Public Benefits and Social Security for California on
Q: ssi medical appointment was canceled by doctors office but i was told by ssi it was a no show on my behalf i have the vm

i have the voicemail ledt by the doctors office cancelling my appoint but ssi says i no showed and have now been terminated for my benifits

James L. Arrasmith
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answered on Apr 22, 2023

If your SSI medical appointment was canceled by the doctor's office, but you were told by SSI that it was a no-show on your behalf and have now been terminated for benefits, you may have grounds for an appeal.

To appeal the decision, you will need to provide evidence that you did not...
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1 Answer | Asked in Civil Rights, Gov & Administrative Law and Public Benefits for California on
Q: My housing providing program has denied me a hearing on a disputed issue. How do I proceed?

My reasonable accommodations utility assistance is being discontinued without a hearing? I have repeatedly requested in writing for a hearing regarding this issue and I haven't been able to get a chance to be heard. I am disabled my minor Son who lives with me is also disabled. I have medical... View More

James L. Arrasmith
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answered on Apr 19, 2023

If your housing program has denied you a hearing on a disputed issue related to reasonable accommodations for utility assistance, you may want to consider contacting a local legal aid organization or disability rights group for assistance.

Under federal and state laws, individuals with...
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1 Answer | Asked in Civil Rights and Public Benefits for California on
Q: One guy called to Midical and IHSS for application for my disable son to get Medical and IHSS for me he asked for $750

He complained to Court for my son who is disable he never told us this amount we asked how much fee would be he did not answered we do not know what to do. We need help.

James L. Arrasmith
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answered on Apr 19, 2023

If someone asked you for money in exchange for assistance with applying for Medical and IHSS benefits for your disabled son, this may be a form of fraud or exploitation. It is important to report this behavior to the appropriate authorities as soon as possible.

You may want to contact the...
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1 Answer | Asked in Public Benefits for California on
Q: I have my motorhome on government land in mojave California and solar fields bought all the land I've been given noti

I am victim of domestic violence and have no money

James L. Arrasmith
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answered on Apr 17, 2023

I'm sorry to hear about your situation. It sounds like you have a motorhome on government land in Mojave, California, and that Solar Fields has bought all the land. You have also received notice about this, but you are a victim of domestic violence and have no money.

Firstly, it's...
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1 Answer | Asked in Appeals / Appellate Law, Public Benefits and Social Security for California on
Q: I need an instruction of how to appeal the denial os the Writ of Mandate from OC Superior court? I also need a lawyer .
James L. Arrasmith
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answered on Apr 12, 2023

To appeal the denial of a Writ of Mandate from the Orange County Superior Court, you will need to file a Notice of Appeal with the appropriate appellate court within 60 days of the date of the denial order. The appellate court will then review the lower court's decision and issue its own... View More

1 Answer | Asked in Libel & Slander, Personal Injury, Public Benefits and Social Security for California on
Q: I am being harassed by social security employees and have been since my first visit to a social security office in 1998.

They were brazen and very provocative criminals back then and have been more than an aggravate for a quarter of a century. I had seen S.M. from the Office of Appeals in 1997 to pull the

James L. Arrasmith
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answered on Apr 9, 2023

If you feel that you have been harassed by Social Security employees, it is important to take action to address the situation. You may want to consider speaking with a supervisor or manager at the Social Security office where you have been experiencing the harassment, or filing a complaint with the... View More

1 Answer | Asked in Public Benefits for California on
Q: i recently signed my rights away to property which got me sanctioned by ssi.

would being sanctioned make me not eligible for snap and general relief?

i was promised twenty thousand dollars which i only received five thousand dollars.

James L. Arrasmith
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answered on Apr 2, 2023

If you have been sanctioned by SSI, it may affect your eligibility for other public benefits programs such as SNAP (Supplemental Nutrition Assistance Program) and General Relief. However, eligibility for these programs can depend on a variety of factors, such as income and household size, and it is... View More

1 Answer | Asked in Family Law and Public Benefits for California on
Q: My brother is autistic and we don't get much pay or hours (IHSS) for what is needed at home. can we take it to court?

or what lawyer should we talk too about this. My Brother needs full time care and i wanna see if they will pay me a job salary to care at home for him.

James L. Arrasmith
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answered on Apr 1, 2023

You may want to consider speaking with an attorney who specializes in disability law or elder law. They can provide you with guidance on your options for seeking compensation for providing care for your brother. You can also reach out to your local Legal Aid office or advocacy groups for people... View More

2 Answers | Asked in Business Formation, Business Law and Public Benefits for California on
Q: Can a CA Nonprofit Public Bene Corp use proxies to meet a quorum & to actions? & use unanimous consents in lieu of mtgs?

CA Corp Code 5510 + seem to allow proxies to achieve a quorum and to take actions "if allowed"

5516 allows for unanimous consent "if allowed"

Does this mean if the by-laws permit, both can be so used? Thx

Matthew Morris
Matthew Morris
answered on Mar 14, 2023

The general rule for public benefit corporations is that "Any member may authorize another person or persons to act by proxy with respect to such membership." Corp Code Sec 5613(a). However, that section says that "this right may be limited or withdrawn by the articles or bylaws,... View More

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2 Answers | Asked in Business Formation, Business Law and Public Benefits for California on
Q: Can a CA Nonprofit Public Bene Corp use proxies to meet a quorum & to actions? & use unanimous consents in lieu of mtgs?

CA Corp Code 5510 + seem to allow proxies to achieve a quorum and to take actions "if allowed"

5516 allows for unanimous consent "if allowed"

Does this mean if the by-laws permit, both can be so used? Thx

James L. Arrasmith
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answered on Mar 14, 2023

Yes, a California nonprofit public benefit corporation can use proxies to meet a quorum and to take actions if it's allowed in the corporation's bylaws. Similarly, the use of unanimous consent is also allowed if it's permitted by the bylaws.

According to California...
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1 Answer | Asked in Public Benefits for California on
Q: In July ,2022 Alameda Superior Court made it illegal for the Covid Rent Relief Program to withhold funding

Cont'd

While the Applicants case was 'Under Review. Yet my status has remained unchanged since Aug 2021.

https://www.sfchronicle.com/bayarea/article/California-must-grant-all-pending-applications-17301012.php

"California can’t deny pending applications for... View More

James L. Arrasmith
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answered on Mar 11, 2023

If your application for the California COVID Rent Relief Program has been pending since August 2021, and you believe that the program has wrongfully withheld funding from you, you may want to consider the following steps:

Contact the program: Reach out to the California COVID Rent Relief...
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1 Answer | Asked in Criminal Law and Public Benefits for California on
Q: A friend received a subpoena for bank records from another state that is investigating potential fraud of the unemployme

nt system. He needs legal advice. They think he's involved somehow.

James L. Arrasmith
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answered on Mar 5, 2023

If your friend has received a subpoena for bank records related to an investigation into potential fraud of the unemployment system in another state, it is important that they seek legal advice from a qualified attorney as soon as possible.

An attorney can review the subpoena and advise...
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2 Answers | Asked in Estate Planning, Health Care Law, Elder Law and Public Benefits for California on
Q: Is giving somone full authority on a brokerage account treated like a joint account for medicaid look back rules?

My parents are divorced. My mother gave my father "full authority" to her brokerage account so he could make trades for her. My father may need medicaid in the future and I'm worried that by granting him "full authority" on the brokerage account, he might incur a medicaid... View More

Nina Whitehurst
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answered on Feb 13, 2023

The phrase "full authority" does not provide enough information. If your mother added your father as a co-owner, then the account would be an asset countable to your father and, yes, the transfer could generate a penalty period but that would be if your mother applies for Medicaid, not... View More

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2 Answers | Asked in Estate Planning, Health Care Law, Elder Law and Public Benefits for California on
Q: Is giving somone full authority on a brokerage account treated like a joint account for medicaid look back rules?

My parents are divorced. My mother gave my father "full authority" to her brokerage account so he could make trades for her. My father may need medicaid in the future and I'm worried that by granting him "full authority" on the brokerage account, he might incur a medicaid... View More

James L. Arrasmith
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answered on Feb 20, 2023

It's possible that granting full authority to someone on a brokerage account could be treated similarly to a joint account for Medicaid look-back rules, but this would depend on the specific details of the situation and the rules of the state in question.

In general, when an individual...
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1 Answer | Asked in Public Benefits and Business Law for California on
Q: Need advice on requirements on unifying an unincorporated association with a public benefit corporation.

We are an unincorporated association with members that do philanthropic work in the community. We want to unify with our sister entity, a public benefit corporation which manages the property we and other community groups use for meetings. The members of the public benefit corporation are the... View More

Matthew Morris
Matthew Morris
answered on Jan 10, 2023

An unincorporated association does not need permission from the Secretary of State to give away its property and dissolve, but an unincorporated association that exists for charitable purposes almost certainly needs to get permission from the Attorney General's office. Groups that have assets... View More

1 Answer | Asked in Public Benefits and Business Law for California on
Q: What methods may a public benefit corporation in California use for member voting? Is in person plus mail in ok?

We need a quorum of 50% of members to pass a resolution. We may not have 50% available to vote in person. Is an email ballot to be mailed in and opened during the meeting sufficient?

Matthew Morris
Matthew Morris
answered on Jan 10, 2023

The law allows for voting by mail or email, but the question of whether a particular organization can take advantage of those methods depends on certain facts.

To start with "unless prohibited in the articles or bylaws, any action which may be taken at any regular or special meeting of...
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1 Answer | Asked in Employment Law, Gov & Administrative Law and Public Benefits for California on
Q: Is it legal in the US (California) for an employer to willfully allow undocumented workers to use someone else’s social?

Is it legal for an employer to knowingly allow employees to use someone else’s social, someone who has never step foot or worked for the employer, and have them on payroll? No, the employer isn’t sponsoring the current undocumented workers either.

Can someone provide me with actual... View More

Neil Pedersen
Neil Pedersen
answered on Jan 5, 2023

Yes it is illegal for an employer to knowingly employ those without the legal right to work in the US. However, you have no standing to bring a legal action. The law is to be enforced by Immigration/Homeland Security. The law is found in the Immigration laws, specifically the IRCA.

The...
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1 Answer | Asked in Public Benefits for California on
Q: Is a California nonprofit public benefit corporation required to distribute a percentage of its assets annually ?
Matthew Morris
Matthew Morris
answered on Dec 3, 2022

It depends.

Let's start with one assumption: that there is no provision in the corporation's bylaws or other governing documents that requires distributions. If the governing body of the corporation has voted to require annual distributions, then the leadership of the...
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