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Florida Public Benefits Questions & Answers
1 Answer | Asked in Public Benefits for Florida on
Q: If I'm applying for food stamps and give my job info will it flag my misdemeanor warrant to come pick me up at the job?

Volusia county Florida, never went to probation for reckless driving

James L. Arrasmith
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answered on Mar 8, 2024

When you apply for food stamps, providing your employment information is a standard part of the process to assess your eligibility based on income. The primary aim of this information is to verify your financial situation, not to check for any outstanding warrants. However, it's important to... View More

1 Answer | Asked in Health Care Law and Public Benefits for Florida on
Q: My spouse is disabled and is receiving Medicaid in Florida. Does my income is going to affect her future eligibility?

My spouse is 65 and she is legally disabled. I am 63 and still have a part time job. She is the only one who has Medicaid and receiving SSI benefits (and also Medicare). My income has any effect on her eligibility? Is there an income limit for me?

James L. Arrasmith
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answered on Feb 23, 2024

In Florida, Medicaid eligibility for individuals who are disabled or elderly is determined based on their own income and resources, rather than the income of their spouse. This means that your income should not affect your spouse's eligibility for Medicaid benefits. However, it's... View More

1 Answer | Asked in Social Security and Public Benefits for Florida on
Q: I need to know if I marry my fiance will it make him lose his disability Medicaid Medicare

He is in a mental hospital and they cannot tell me anything because we are not legally married is there anything I can do to get control back from his mom who doesn't even care about him wouldn't take him there or anything didn't want nothing to do with the situation until after I... View More

James L. Arrasmith
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answered on Feb 22, 2024

Marrying your fiancé could potentially affect his eligibility for disability benefits under Medicaid and Medicare, depending on various factors including your income and assets. Medicaid is a needs-based program, and adding your financial resources to his might impact his eligibility. Medicare... View More

3 Answers | Asked in Immigration Law and Public Benefits for Florida on
Q: I am on HUD / public assistance Will I be able to marry an immigrant?
James L. Arrasmith
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answered on Jan 25, 2024

Being on public assistance does not disqualify you from marrying an immigrant. However, there are important considerations to keep in mind. When sponsoring an immigrant for a marriage-based green card, you must file an Affidavit of Support. This document is a legal commitment to support your spouse... View More

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3 Answers | Asked in Immigration Law and Public Benefits for Florida on
Q: I am on HUD / public assistance Will I be able to marry an immigrant?
Kevin D. Slattery
Kevin D. Slattery
answered on Jan 25, 2024

Receiving public assistance is not an obstacle to getting married. Your question does not pose whether you are able to sponsor your spouse for a green card, but that seems to be what you may be asking. Even if you are receiving public assistance, you can file a petition for your spouse, but you... View More

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1 Answer | Asked in Public Benefits, Small Claims and Social Security for Florida on
Q: I am over $4K in SSI debt to the SSA because my payee failed to keep my assets below $2K for 5 months in 2021 and 2022.

My representative payee has admitted in an email to me that the "oversight" was their responsibility. I am interested in obtaining an attorney for representation in getting my payee to pay the $4K+ to the SSA so that my monthly SSI benefits are no longer reduced, which they currently are,... View More

James L. Arrasmith
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answered on Jan 23, 2024

Facing an overpayment situation with SSI due to the actions of your representative payee can be challenging. In your case, since your payee has admitted responsibility for the oversight, you have grounds to seek a resolution where the payee assumes the financial burden of the overpayment.... View More

1 Answer | Asked in Public Benefits for Florida on
Q: A friend of mine who was receiving food assistance in Florida died in September.

Her adult daughter just received a bill for over $5,000 stating her deceased mother made an error in 2019 in reporting the number of dependents. Her daughter was over 18 and not living at home at the time. Her daughter was estranged from her mother and knows nothing about this and certainly never... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jan 7, 2024

It's strange that the daughter received a bill. They may have sent the bill because they don't know whether or not the daughter is the personal representative of the mother's estate. If she has filed a probate petition and is the PR, the estate may be liable, but the daughter... View More

1 Answer | Asked in Health Care Law, Public Benefits and Real Estate Law for Florida on
Q: Are Medicaid recipients in FL allowed buy a home if lender approves loan without assets?

If yes to above, can someone else make the down payment without impacts to Medicaid eligibility?

T. Augustus Claus
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answered on Sep 12, 2023

In Florida, Medicaid recipients may be allowed to purchase a home if they obtain a mortgage loan without substantial assets, and this purchase typically does not automatically disqualify them from Medicaid eligibility. However, there are important considerations to keep in mind. The value of the... View More

1 Answer | Asked in Civil Litigation, Public Benefits and Health Care Law for Florida on
Q: Can psych offices legally agree to one contract rate with one insurance company then submit secondary claims to Medicare

Situation: Psychiatric Office has an agreed upon contracted rate with my wife’s insurance company for $81 a visit (she also uses the same office) they primary insurance company tells them to not collect anything else from the patient (no copay) THEN the office submits a claim to Medicare (even... View More

Charles M.  Baron
Charles M. Baron
answered on Jan 21, 2023

That office might be a Medicare fraudster (engaging in crimes), or this could be legitimate under the insurance policy and Medicare rules. You should first ask the office (in a friendly way) for its explanation for their billings, and if the explanation doesn't make sense, tell them so and... View More

1 Answer | Asked in Public Benefits for Florida on
Q: Under what theory could the governor of a state sue a private bus co. for dropping off passengers in that state?

The state sueing is new York

The bus co.s where contracted

by Texas

The passengers came from south of the boarder (Mexico)

no further details known

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jan 6, 2024

I recently read news article about this lawsuit. This site is for your own legal issues, not general-interest questions. And apparently the suit is based on New York state law, not Florida law. But apparently New York has a statute that allegedly applies in this situation. As I recall, the... View More

1 Answer | Asked in Gov & Administrative Law, Government Contracts, Public Benefits and Contracts for Florida on
Q: I was lead to believe that the federal government who do i sue?

I was lead to believe that the federal government would be taking care of the citizen's with hardship I had taken on a tenant to help make bills lower and was initially approved after email requested documents then made appointments to pickup funds upon arrival they asked me to sign the top... View More

John Michael Frick
John Michael Frick
answered on Oct 15, 2023

If you were falsely told by your tenant that they were going to receive government rent assistance which they didn’t receive, you can sue the tenant for the rent they agreed to pay you in your lease agreement.

1 Answer | Asked in Gov & Administrative Law and Public Benefits for Florida on
Q: Can you be denied access to a public building for refusing to show ID?
Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 6, 2023

In general, certainly.

1 Answer | Asked in Civil Litigation, Public Benefits and Social Security for Florida on
Q: I am on a fix income I only make 861 a month and the ssa is trying to end my ssdi benefits need a free lawer pro bone

would need a free pro bono attorney to help me with my ssa case to keep my benefits i only make 861 a month

Charles M.  Baron
Charles M. Baron
answered on Aug 5, 2022

Contact your local Legal Services office that serves indigent persons. You appear to be writing from Vero Beach, in which case you could try Florida Rural Legal Services. Website: https://www.frls.org Tel. 888-582-3410.

2 Answers | Asked in Gov & Administrative Law, Probate, Products Liability and Public Benefits for Florida on
Q: On a probate case do I get a lawyer from the state I reside in or from the state the probate is in?
Nina Whitehurst
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answered on Apr 22, 2021

You should hire an attorney licensed in the state where the probate case is. Theoretically you could find an attorney near you who is also licensed in the state where the probate is. For example, I live and work in Tennessee and am also licensed in Arizona and California and three other states.

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1 Answer | Asked in Copyright, Public Benefits and Social Security for Florida on
Q: Can I sue my lawyer for "withdrawal is failure to cooperate in good faith?"

I have been working with my lawyer for 1.5 years, and just as my disability retirement case is in the final stages (which looks like it won't be a winner), they decided to withdraw as my lawyer because they say I am not cooperating in good faith. Basically, the lawyer wanted me to submit my... View More

Elizabeth Fowler Lunn
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answered on Apr 5, 2021

I’m sorry you had a negative experience with your attorney. Hire another attorney to handle your disability case if you don’t want to represent yourself. The issues with the forms from the doctor may have caused a problem with your case or it could be a the whole set of records don’t support... View More

1 Answer | Asked in Election Law, Gov & Administrative Law, Government Contracts and Public Benefits for Florida on
Q: My ex stated that she “had dirt” on me after I asked her to stop communicating with me. What can I do?

I stated today that I no longer wished to continue communication with my Ex. She stated that she did not plan on it so I took that as an agreement. I stated that if she continued communication I would pursue legal action and she said that she “had dirt on me too” when I never stated that I... View More

Charles M.  Baron
Charles M. Baron
answered on Mar 15, 2021

You asked if it's a threat, but not all threats are illegal. If she is merely saying or implying, "If you sue me, bad things about you will be revealed", there's nothing unlawful about that threat. Of course, if she makes false statements to third parties that are damaging to... View More

1 Answer | Asked in Public Benefits and Real Estate Law for Florida on
Q: This is in question of a land grab through a private person, selling to a public entity, thus the public interest.

Can a partial release of an easement be acquired and not held against those whose actual property is not adjacent to the original easement in question?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jan 14, 2021

What?

2 Answers | Asked in Civil Rights, Election Law, Gov & Administrative Law and Public Benefits for Florida on
Q: DMV says I need a birth certificate to get photo ID, DOH says I need photo ID for birth certificate. What should I do?

My driver's license is expired. I tried renewing online and was told I needed to show a copy of my birth certificate. I do not have a "valid" copy of a birth certificate. For those who are not aware, the Florida DMV is currently in the same state of collapse as most of their other... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Aug 4, 2020

Are you indicating that you have neither? How old are you?

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1 Answer | Asked in Gov & Administrative Law and Public Benefits for Florida on
Q: Can DEO get away with not dispersing the $600 per week PUA money I qualify for?

I am eligible under the Care's Act for PUA as a 1099 worker. I was also eligible for unemployment as a 1040 worker. I received back pay for unemployment but not the PUA funds. The DEO is not communicating with me, and can not answer my questions, friends from other states have already received... View More

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Jun 10, 2020

No, DEO is not "committing fraud." Since DEO is the final decision-maker as to whether or not you are entitled to the extra money given to DEO under the CARES Act I strongly suggest that you stop fighting with them and just wait for the DEO bureaucracy to catch up with the thousands of... View More

1 Answer | Asked in Public Benefits, Social Security and Health Care Law for Florida on
Q: How do I go about appealing a denied disability case? I have Type 1 Diabetes and Severe Gastroparesis which impairs me.
Susan Michele Schaefer
Susan Michele Schaefer
answered on Apr 27, 2020

Once you have a notice from the Social Security Administration (SSA) denying your claim for disability benefits, you have 60 days to appeal by stating in writing that you disagree with the determination that SSA made. You can find the forms used for appeal at... View More

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