New York Public Benefits Questions & Answers

Q: Does the Suffolk County Dept. of Social Services have the right to take money from my SSI? Further discussion is needed

1 Answer | Asked in Civil Litigation, Gov & Administrative Law, Public Benefits and Social Security for New York on
Answered on Oct 30, 2018
Jonathan David Warner's answer
Under some circumstances, the answer is "yes" - but only with respect to child support, income taxes, criminal restitution, or Social Security overpayments. Give them a call and ask them about it - they'll at least be able to let you know to whom the debt is owed. There have been circumstances where I've been able to negotiate a release of the garnishment, based upon a debtor's financial hardship.

Consult with an attorney in your area regarding this matter.

Good luck!

Q: how much publuc assistance entiled . I am a reciepant of pa and settled a lawsuit for the amount of $9300

1 Answer | Asked in Personal Injury and Public Benefits for New York on
Answered on Sep 1, 2018
Timur Akpinar's answer
If this is in regard to benefits received from New York, and the New York City Human Resources Administration Department of Social Services is asserting a lien, it is possible their figure could be subject to negotiation.

Q: I got fired from my job because there was a problem that happend at my job on Wednesday and she lied on me

1 Answer | Asked in Employment Law and Public Benefits for New York on
Answered on Oct 14, 2017
V. Jonas Urba's answer
Call some employment lawyers.

It is irrelevant who called. Did you commit misconduct to the point that New York law says you were at fault?

Generally in NY it is hard to be denied unemployment benefits. But if an employee threatens another employee that is not good. Witnesses will be called.

If an employee has a reasonable belief that he or she may be harmed by another employee the one who threatens is usually the one who loses.

There are not enough facts to...

Q: Can a husband, collecting disability, get an early pension, or lump sum pension, without his wife's signature? NY

1 Answer | Asked in Divorce, Employment Law and Public Benefits for New York on
Answered on Jul 24, 2017
Kathryn Hilbush's answer
Is there a divorce pending in either state? If so, this needs to be dealt with in the context of a divorce action. If not, typically the pension plan requires the agreement of the spouse when elections concerning the pension are made. However, if you're the wife, I wouldn't rely on that. No matter which spouse you are, you should discuss this with an experienced family law attorney in your area before taking further action.

Q: How can I get my kids back??

1 Answer | Asked in Child Custody, Civil Rights and Public Benefits for New York on
Answered on Jun 22, 2017
Ali Shahrestani, Esq.'s answer
Who's taking the kids and why? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not...

Q: My daughter got into a fight at school they called the cops but she's only 15 can she go to jail? What can happen to her

1 Answer | Asked in Juvenile Law and Public Benefits for New York on
Answered on Apr 3, 2017
Ali Shahrestani, Esq.'s answer
She can be charged with assault and battery, if applicable. It depends on whether she has any defenses. Juvenile jail time is a possibility with those crimes. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas...

Q: what can i do if the father only recieves public assistance

1 Answer | Asked in Family Law and Public Benefits for New York on
Answered on Feb 4, 2017
Ali Shahrestani, Esq.'s answer
Your question lacks detail. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any...

Q: I think I may have been discriminated against because of my mental illness.

1 Answer | Asked in Civil Rights and Public Benefits for New York on
Answered on Feb 3, 2017
Ali Shahrestani, Esq.'s answer
It depends on the facts. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any...

Q: Denied unemployment question

1 Answer | Asked in Employment Law and Public Benefits for New York on
Answered on Feb 1, 2017
Ali Shahrestani, Esq.'s answer
That's tricky and you may want to appeal it. One could argue that you quit when you stopped coming to work within the 2 week time period, if that's what happened. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody,...

Q: Is it illegal to live alone in New York City without a source of income?

1 Answer | Asked in Municipal Law and Public Benefits for New York on
Answered on Jan 31, 2017
Ali Shahrestani, Esq.'s answer
I've heard of no such law. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any...

Q: Are we liable for payments from our apartment that we checked over 6 months if they were paid by all parties or not?

1 Answer | Asked in Landlord - Tenant and Public Benefits for New York on
Answered on Jan 31, 2017
Ali Shahrestani, Esq.'s answer
Have a lawyer review your related lease, communications, and receipts. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions,...

Q: My question is, my husband for 18 yrs. VA benefits. I am entitled.

1 Answer | Asked in Family Law and Public Benefits for New York on
Answered on Jan 27, 2017
Ali Shahrestani, Esq.'s answer
You can file for divorce, if that's your plan, and make support requests in court. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any...

Q: I received a letter from dss stating that an allegation was found that there might be potential descrepancies in my case

1 Answer | Asked in Public Benefits for New York on
Answered on Jan 26, 2017
Ali Shahrestani, Esq.'s answer
You may want to attend the hearing with an attorney, but it's generally a very bad idea to not show up for hearings. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not...

Q: Can welfare place a lien on a life estate? Can recovery be made if I am disabled and own the home through a life estae?

1 Answer | Asked in Estate Planning, Public Benefits and Real Estate Law for New York on
Answered on Jan 20, 2017
Michael David Siegel's answer
A lien for reimbursement of Medicaid payments or other benefits is allowed. I do not understand what happened, or more importantly, when.

Q: I need help writing letters for a civil action to the judge and attorney general. is there any lawyers willing to help?

1 Answer | Asked in Public Benefits for New York on
Answered on Nov 29, 2016
Derek John Soltis' answer
It depends on what you are trying to do. What were you denied from doing? Is it work related or are you looking at disability benefits?

Q: Do I have legal grounds to appeal an LTD discontinuation/denial? If yes, how?

1 Answer | Asked in Employment Law and Public Benefits for New York on
Answered on Oct 26, 2016
Barry Eran Janay's answer
It's not an "appeal" what you need to do is notify the insurance company that you disagree with their determination and if necessary start a declaratory judgment action seeking the insurance coverage. I would recommend hiring an attorney, doesn't have to be me, but some attorney who knows how to navigate this stuff. Please feel free to privately email to discuss more details about your case.

Q: How can I get relief from arrears if all children are in my custody?

2 Answers | Asked in Family Law and Public Benefits for New York on
Answered on Sep 9, 2015
Robert Jason De Groot's answer
You need to have a full discussion with a local family attorney. What you need is specifically tailored legal advice, and you cannot get that for free on the internet.

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