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2 Answers | Asked in Social Security, Health Care Law and Personal Injury for Florida on
Q: What if you can not afford a doctor to continue treatment after your mri reveals severe impairments ?

Since the motor vehicle accident I have not been working and I cannot afford medical treatment since the last MRI results. Can I still qualify for benefits if I can not afford medical care ?

Ssa says I have two impairments from the list according to my medical records:

01 -... View More

James L. Arrasmith
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answered on Jun 15, 2024

You can still qualify for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) even if you can't afford medical care. The Social Security Administration (SSA) considers the severity of your impairments based on your existing medical records, including your MRI... View More

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1 Answer | Asked in Social Security for Florida on
Q: How do I help a 34 y/o women with autism to get SSDI?

She has a daughter who is 18 y/o and a child that is 11, and a child that is 9. The 18 y/o is taking care of the entire family with my help. How do I help them get some type of assistance?

James L. Arrasmith
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answered on Jun 15, 2024

To help a 34-year-old woman with autism apply for Social Security Disability Insurance (SSDI), you should start by gathering all relevant medical documentation. Ensure you have detailed records from doctors and therapists that outline her diagnosis, treatment history, and how her condition limits... View More

1 Answer | Asked in Civil Litigation for Florida on
Q: Selling food illegally under a non profit organization.

A non profit City organization holds events once per month where they charge food vendors for attending the event. The money the non profit receives goes to maintain and preserve the city's historical downtown.

90 percent of the food vendors are not licensed by either of... View More

Charles M.  Baron
Charles M. Baron
answered on Jun 15, 2024

Before getting to your question about liability, how about reporting it to your local health department? I would think those folks would be interested, regardless of licensing issues. And if the health dept. takes action, local media may be interested as well. Turning to the liability question,... View More

3 Answers | Asked in Car Accidents and Personal Injury for Florida on
Q: Truck accident in Georgia left me potentially disabled I’m from Florida. This accident destroyed my life my age is 31.

A student driver was left unsupervised and slammed into my parked vehicle. I sustained 11 spine injuries and severe symptoms.

They fled the scene before the police arrived.

The insurance company accepted liability however they thought my injuries were minor because the previous... View More

Tim Akpinar
Tim Akpinar
answered on Jun 15, 2024

I'm sorry for your terrible injuries. You could discuss with attorneys, but as my colleague correctly states, you may be looking at a lien. Much more detail is needed to give any kind of meaningful assessment on your case. If you successfully obtained a disability decision, your case may have... View More

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3 Answers | Asked in Car Accidents and Personal Injury for Florida on
Q: Truck accident in Georgia left me potentially disabled I’m from Florida. This accident destroyed my life my age is 31.

A student driver was left unsupervised and slammed into my parked vehicle. I sustained 11 spine injuries and severe symptoms.

They fled the scene before the police arrived.

The insurance company accepted liability however they thought my injuries were minor because the previous... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Jun 15, 2024

A client is free to discharge his attorney at anytime, but the attorney is entitled to file a cost lien for costs advanced and file a charging lien for work done (against any recovery that is obtained). Reach out to another Georgia attorney for possible representation if you want to discharge your... View More

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1 Answer | Asked in Intellectual Property and Copyright for Florida on
Q: Can i do a parody video on youtube using a Beatles song changing the lyrics
James L. Arrasmith
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answered on Jun 13, 2024

Creating a parody video using a Beatles song with altered lyrics can be tricky due to copyright laws. Parody is often protected under fair use, but it needs to be clear that the work is a parody, commenting on or criticizing the original in some way. Simply changing the lyrics without this context... View More

1 Answer | Asked in Elder Law for Florida on
Q: My 86 year old mother in law is about to go into an assisted living facility, but may need to apply for Medicaid.

She has an automobile we gave her for free 11 years ago. Can she give it back to us for free without effecting her Medicaid eligibility or being penalized in the five year lookback provision?

Jason E. Neufeld
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Jason E. Neufeld
answered on Jun 13, 2024

In Florida, the answer is: Yes.

If the automobile in question is mom's only car - it is an exempt asset (that Medicaid was never going to count against her when determining eligibility anyway).

For non-real estate/non-retirement assets (such as a car) which are already...
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1 Answer | Asked in Real Estate Law and Land Use & Zoning for Florida on
Q: 'Grandfathered in' legally what does this mean. It's zoning problem.

'Grandfathered in' my house was bought in1961.My mom combined 4 lots into 1 in 1988. The zoning person said that if she had did that after 1989 then I could claim that it is grandfathered in and sell two lots separately. Sounds backwards to me. Re-separating them back like before 1988... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 13, 2024

It is not clear how your mother "combined 4 lots into 1 in 1988". Did she build a single house on all four lots, or did she convey the four lots by a deed in which she used a metes and bounds description (instead of "lots __, ___, ___ and ___ of such-and-such subdivision")?... View More

2 Answers | Asked in Immigration Law for Florida on
Q: Designated Representative for N-648 case

My sister is a lawful permanent resident who has Down syndrome. I am currently in the process of submitting the N-400 application for Naturalization on her behalf. We have obtained the signed N-648 form from her physician. My mother, who serves as my sister's primary caregiver, is willing to... View More

Linda Liang
Linda Liang
answered on Jun 17, 2024

When an oath waiver is provided, a legal guardian, surrogate, or designated representative signs on behalf of an applicant who is unable to understand or communicate an understanding of the Oath of Allegiance because of a physical or developmental disability or mental impairment.

Persons...
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2 Answers | Asked in Immigration Law for Florida on
Q: Designated Representative for N-648 case

My sister is a lawful permanent resident who has Down syndrome. I am currently in the process of submitting the N-400 application for Naturalization on her behalf. We have obtained the signed N-648 form from her physician. My mother, who serves as my sister's primary caregiver, is willing to... View More

James L. Arrasmith
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answered on Jun 13, 2024

In the case of your sister with Down syndrome applying for U.S. citizenship via Form N-400 and requiring a Designated Representative, here are a few key points:

1. Citizenship status of the representative: The Designated Representative does not necessarily need to be a U.S. citizen. A...
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1 Answer | Asked in Workers' Compensation for Florida on
Q: What event triggers wage reimbursement to begin in workers comp? Accident date, first doctors visit, or claim date?

Hello, I was wondering about when wage reimbursement from an injury is supposed to begin in a workers comp claim. From the date of the injury or the date the claim is reported? I ask because there is an 11 day window between these events, I was injured at work and reported it to 3 managers within... View More

Brian Phillip Vassallo
Brian Phillip Vassallo
answered on Jun 13, 2024

If your disability lasts more than 21 days, lost wages are likely due from the date of accident. If your disability is less than 21 days, you are not entitled to the first week of lost wages. Your average weekly wage determines the amount of lost wage benefits you receive. The 80/80 formula is... View More

2 Answers | Asked in Real Estate Law, Civil Rights and Landlord - Tenant for Florida on
Q: We made a Lease-purchase agreement with the owner of the house we live in.The city will condemned the house in ten days

What can we do to stop this process of eviction

James L. Arrasmith
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answered on Jun 21, 2024

Based on the situation you've described, here are some steps you might consider taking:

1. Review your lease-purchase agreement: Carefully examine the terms of your agreement to understand your rights and obligations, especially regarding property maintenance and condemnation....
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1 Answer | Asked in Civil Litigation, Collections and Communications Law for Florida on
Q: I have received text messages from this person I not sure if it’s really or not

As of today you have failed to respond to the settlement offers. Our client has attempted to work with you all multiple times. Be advised today we have sent out certified mail to the department of labor. This included the request to attach your bank account and garnish the wages. This will be in... View More

Charles M.  Baron
Charles M. Baron
answered on Jun 11, 2024

The language used indicates that this is very likely a scam, but you cannot get a reliable answer from an online forum as to whether someone contacting you is "real" or not. Since the person says he/she "just emailed your bank", you can contact your bank to inquire about it.... View More

1 Answer | Asked in Traffic Tickets and Landlord - Tenant for Florida on
Q: Can an apartment community charge parking tickets, without it being stated in the lease?

I seek advice on a new parking policy in my Florida apartment community. Recently, a parking management company was hired, and they are issuing fines and towing vehicles for various reasons: residents parking in visitor spots, parking on the white line, not paying an online parking fee from 7 pm to... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Jun 11, 2024

Your lease likely states that management can change some of terms without your consent. Basically, a lease agreement is your agreement to rent for an apartment and you agree to their rules when imposed. What they cannot do is raise the rent without notice of change the term of your lease; but... View More

1 Answer | Asked in Criminal Law for Florida on
Q: What forms do I need to complete to file an injunction against my neighbor for lewd and lascivious acts?

Neighbor is a known drug addict and has bee seen on our security camera walking on our front porch naked from the waist down. He comes onto our property uninvited all hours of the day/night. This last time, he was wondering around my vehicle and the later walking on our porch in front of my... View More

James L. Arrasmith
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answered on Jun 11, 2024

To file an injunction against your neighbor for lewd and lascivious acts, you will need to complete specific forms typically available from your local court or its website. Start by obtaining a "Petition for Injunction for Protection Against Repeat Violence" or a similar form that your... View More

1 Answer | Asked in Landlord - Tenant for Florida on
Q: I want a lawyer in the clearwater fl area. I was told I couldn't file a lien against a owner's property for medical.

Fell inside his condo where a staple or nail made me fall down the stairs. I show him the pictures of cracked knee . A screen door he didn't fix as he promised, fell and hit a paraplegic in the head while sitting on the patio. He kept 600 of my security deposit, after telling me I would get... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Jun 11, 2024

A property owner owes a legal duty to its guests to make sure its premises are safe. If the property owner fails to repair any dangerous condition on its property which causes damages to his guest, then the guest can sue the owner for a) his past and future medical bills b) all past and future pain... View More

1 Answer | Asked in Small Claims for Florida on
Q: I live in FL, could I sue a mechanic for refusing to refund a $400 deposit due to him no-showing to our appointment?

This is a mobile mechanic, there was no written agreement but more so a verbal agreement that he'd show up to work on my vehicle on Sunday at 9am, he barely answered any calls or texts throughout the day, I advised him that if the work didn't get completed on Sunday, my car would be... View More

Phillip William Gunthert
Phillip William Gunthert
answered on Jun 11, 2024

If so motivated you can take him to small claims court and file a lawsuit there in the county where this took place, if you are motivated you can handle it all yourself, just know the time and cost involved (filing fees, service of process and your time and effort), whether the $400 is worth the... View More

1 Answer | Asked in Civil Rights for Florida on
Q: What do I do if my personal property was damaged by officers during the intake process in the jail

I was recently arrested and booked into bay county Jail. During the booking process I was directed to relinquish possession of any personal property I had with me and due to the staff's careless handling of my personal property, my phone screen was severely damaged as was a ruby ring that is... View More

James L. Arrasmith
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answered on Jun 10, 2024

If your personal property was damaged by officers during the intake process at Bay County Jail, you have a few steps you can take to seek compensation for the damages. Start by documenting everything, including taking photos of the damaged items and keeping any paperwork or receipts related to your... View More

1 Answer | Asked in Criminal Law for Florida on
Q: If you get a possession charge don't you have to be in possession of the known substance
James L. Arrasmith
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answered on Jun 10, 2024

Yes, to be charged with possession, you must be found in possession of the known substance. Possession can be actual, where the substance is found on your person, or constructive, where it is found in a place you control, like your home or vehicle. The prosecution must prove that you had knowledge... View More

1 Answer | Asked in Education Law for Florida on
Q: Do I have a case to sue the one or both institutions that acted negligently and caused damages to me and my academics

Despite repeated attempts to explain my financial situation via phone and email, UNF ultimately dropped me from the courses twice due to non-payment. My attempts to reach UNF for clarification and resolution were met with delays, unanswered emails, and limited or poor assistance. Notably, the final... View More

James L. Arrasmith
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answered on Jun 10, 2024

You may have grounds to pursue legal action if you can demonstrate that both institutions acted negligently and caused you significant damages. The issues with UNF, including being dropped from courses twice despite resolving your financial aid situation and the lack of effective communication,... View More

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