Get free answers to your Public Benefits legal questions from lawyers in your area.
I believe there is a potential medical malpractice case involving an elderly, disabled cancer patient who was hospitalized on April 14th at Memorial Sloan Kettering Cancer Center in Manhattan. The patient, aged 78 and diabetic, is on Medicare and Medicaid. She is facing life-threatening... View More 
answered on Apr 23, 2025
I'm sorry for your friend's situation. Based on the quality and detail of your post, you probably don't need anyone to tell you that this has the makings of a difficult and complex case, given the patient's age, existing conditions, and involvement of multiple medical... View More
I have NYC CARE and emergency Medicaid based on legal advice. My primary doctor tells me to go to the emergency room for my symptoms, but the emergency room directs me back to the primary doctor. This cycle has been ongoing since 2019, and I'm dealing with a pseudomeningocele that prevents me... View More
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answered on Mar 11, 2025
I’m sorry to hear about the challenging situation you're facing. It sounds like you're dealing with significant medical issues and difficulties navigating the healthcare system. In New York, there are several steps you can take to address the cycle between your primary doctor and the... View More
I am concerned about Medicaid and asset protection regarding my grandmother's house. My grandmother is sickly and requires more care than I can provide. Her daughter wants to apply for Medicaid and get her on the assisted living waiting list. My grandmother's only major asset is her... View More
answered on Feb 19, 2025
I completely understand your concern—Medicaid rules can be tricky, and it’s important to plan ahead so you don’t run into issues later. Since your grandmother owns the house and may go on Medicaid for assisted living, there is a real possibility that Medicaid could place a lien on the home to... View More
Mass DUA VIOLATED MASS GL151A §71 THEY CANT BRING A CLAIMANT IN FOR JOB SUBSTANTIATION AFTER A YEARS TIME AND THE BOARD KNOWS IT! FURTHERMORE THEYVE NOW CHANGED THE HEARINGS REASON? BECAUSE I SUBMITTED DOCUMENTS PROVING ID WIN! ? WTF? SERIOUSLY? BOY IF THE LAW REALLY WORKED THAT WAY
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answered on Jun 21, 2024
I understand you're frustrated with your experience regarding a fair hearing related to unemployment benefits in Massachusetts. Let me try to address the key points you've raised:
1. Fairness of the hearing officer:
It's generally expected that a hearing officer... View More
I have been accepted into four different apartment but denied movement by the housing specialist on moving forward with moving in.
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answered on Jun 3, 2024
You might have grounds to file a lawsuit against the shelter if they have denied you assistance in moving into an apartment despite being accepted into four different places. It is important to gather all relevant documentation, including your acceptance letters from the apartments and any... View More
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answered on Dec 20, 2023
In New York, when it comes to assisted senior living housing units, especially those regulated by HUD (the U.S. Department of Housing and Urban Development), certain types of income are treated differently for eligibility and rent calculation purposes. According to HUD guidelines, some types of... View More
I'm dealing with complications regarding financial aid information with my medical providers in New York State. I was on Federal employee disability, but when I turned 62 in October, it was converted to full retirement, increasing my income by about $400. I reported this change to various... View More
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answered on Apr 13, 2025
In New York, if you receive medical aid or assistance based on financial information, it's important to keep all providers updated on any changes in income, including when you transitioned from disability to full retirement. While it’s understandable that stress and paperwork challenges can... View More
I am a permanently disabled senior with paralysis in my right leg, kyphosis, MS, and severe scoliosis. I currently receive home care from a Managed Long Term Care (MLTC) plan, but they are discontinuing my care due to my refusal to see a doctor based on my religious beliefs. I rely on God for... View More
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answered on Apr 13, 2025
In New York, Medicaid typically requires a doctor’s assessment or prescription for home care services, especially through Managed Long Term Care (MLTC) programs. This is to ensure that the services you need align with medical necessity standards. However, there may be some flexibility in how you... View More
In the SSI application process, I noticed that my application states 'We are continuing step 3 of 5' whereas others have 'We have started step 3 of 5.' I'm moving quickly through the process and have no delays, but I'm curious about why this terminology is different.... View More
answered on Apr 16, 2025
It doesn't sound like anything concerning from the standpoint of language. The first case might indicate something already in progress. Since you're comparing it to forms used by other people, a remote possibility is that it could be a different version of a form. This is only general... View More
I live in New York State and reside in a Section 8 housing apartment that has been purchased by a relative. There is a current lease agreement with a yearly recertification. Can I continue to live in this apartment under Section 8, given these circumstances?
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answered on Apr 13, 2025
When a Section 8 housing property is sold, the new owner is generally required to honor existing lease agreements until their expiration. This means you can continue living in your apartment under Section 8, provided you comply with all program requirements, including annual recertifications of... View More
In New York State, is it possible for the current remainderman of a life estate to add a spouse as a joint remainderman if the life tenant is still alive and the original document does not mention anything about adding or changing remainderman? Additionally, I want to ensure that this change... View More
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answered on Apr 13, 2025
Based on New York State property and Medicaid law, adding a spouse as a joint remainderman involves several important legal considerations. Under New York property law, a remainderman generally has the right to transfer their remainder interest, which would include adding a spouse as a joint... View More
I received notice of layoff due to a reduction in force, effective April 18, 2025, with my last working day on March 20, 2025. I plan to apply for NY Paid Family Leave to care for my father post-surgery starting March 28, 2025, but have not yet submitted the request. I've been with the company... View More
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answered on Apr 13, 2025
Yes, you can apply for and take NY Paid Family Leave (PFL) after your layoff date, but there are important considerations to keep in mind. In general, your eligibility for PFL depends on your employment status before you take the leave. If you are still employed as of your last day of work and meet... View More
A family member is threatening to press civil or criminal charges if I don't provide financial documents related to joint checking accounts now solely in my name after the passing of a loved one. Both my family member and I are next of kin, but they were fairly estranged from the deceased.... View More
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answered on Mar 3, 2025
The fact that the decedent left no will means New York state's intestacy statute applies. If the asker and his family member are on the line of succession at the same level, then the joint checking account must be split between the two. The family member is correct as to his position that he... View More
My stepson had guardianship over a person who received $28,000 in federal benefits, which was deposited in a bank account. After the person passed away, the money was supposed to go to the widow. However, my stepson is using the money, including for lawyer fees. Could this be considered... View More
I have both H.O.D. and a pseudomeningocele, which have similar symptoms, resulting from a botched emergency surgery. Pseudomeningocele symptoms appeared immediately and are fixable, whereas H.O.D. symptoms typically take at least six months to manifest and have no cure. Despite this, hospitals have... View More
answered on Feb 20, 2025
Yes, I remember your question - thanks for acknowledging the role of everyone running the Justia site and its attorneys in helping to secure health care coverage. We're glad that worked out. Other than the recommendations outlined in the original responses, one thing that comes to mind might... View More
I am currently facing uncertain health challenges that are expensive and it makes more financial sense for me to be unemployed but maintain medicaid eligibility rather than work and lose my coverage. The problem with this is that I want to be productive and start a business, no matter how much time... View More
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answered on Jan 28, 2025
Maintaining Medicaid coverage while earning above the income limit in New York requires strategic planning, especially if you want to stay productive. One potential route is exploring Medicaid's "Medicaid Buy-In for Working People with Disabilities" program. This allows individuals... View More
The attorney who set up the irrevocable income only grantor trust said the grantor could file taxes on trust income using their own SS#, but now a different attorney says if the trust doesn't obtain its own tax ID, the grantor may be deemed ineligible for Medicaid. Which is accurate?
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answered on Aug 10, 2024
When dealing with an irrevocable income-only grantor trust, it's important to understand how the income is reported and how it might impact Medicaid eligibility. If the trust is set up as a grantor trust, the income can be reported under the grantor's Social Security number, meaning the... View More
answered on Feb 2, 2024
I'm sorry your post remains open for a week. While some questions go unanswered on this forum, you could repost and add "Elder Law" and "Health Care Law" as additional categories. That could increase chances of a response. Good luck
answered on Jun 20, 2023
You may have better chances of a response by reposting this in New Jersey, since the question asks about a parking setting there. Good luck
my conditions. I had many jobs for 3/5 or 6 months, maybe a 2 yrs total paying taxes. My wife is employed and close to retirement paying taxes for more than 30yrs. I have PTSD, Bipolar Depression and BPD. Can somebody help me to understand if I qualify for SSI or SSDI or something else? Thank you
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answered on May 2, 2023
As a lawful permanent resident married to an American citizen, you may be eligible for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) if you have a qualifying disability and have worked enough to earn sufficient work credits, or if you have limited income and... View More
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