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New York Public Benefits Questions & Answers

2 Answers | Asked in Products Liability, Civil Rights and Public Benefits for New York on

Q: If someone form the streets, were to come up to you and hand you something. Then say it cost 20$ are you obligated to

pay them, even though they didn't tell you anything about the price when handing it to you?

Peter N. Munsing answered on Jun 15, 2019

No. But give it back.

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1 Answer | Asked in Contracts, Criminal Law, Federal Crimes and Public Benefits for New York on

Q: Who to go to for former corrupt customs admin decades ago with valid evidence of drug smuggling operations whistleblowin

Friend worked for former border patrol, customs enforcement and secret service for Carter and Ford and has photos and documents of his involvement in drug enforcement operations, and a former boss was suppose to turn in narcotics and arrest those involved yet turned around and gave it back and did... Read more »

Bruce Alexander Minnick answered on May 6, 2019

Unfortunately--even if everything you said is 100% true--there is nothing anyone can do about it today. Why? Because of the extremely, long period of time that has elapsed between the time of the drug-related issues (late seventies) and now.

1 Answer | Asked in Civil Litigation, Gov & Administrative Law, Public Benefits and Social Security for New York on

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

Jonathan David Warner answered on Oct 30, 2018

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... Read more »

1 Answer | Asked in Personal Injury and Public Benefits for New York on

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

Timur Akpinar answered on Sep 1, 2018

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.

1 Answer | Asked in Employment Law and Public Benefits for New York on

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

She had her boy friend call me and And Threaten imy man and me saying that he wanted to fight and his girl is the one that lied to express employment. And then I am fired but not her and I can’t get unemployment

V. Jonas Urba answered on Oct 14, 2017

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...
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1 Answer | Asked in Divorce, Employment Law and Public Benefits for New York on

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

He is in NY, she is in PA. They are married 17 years, have been separated for almost 2 years (not legally)

Kathryn Hilbush answered on Jul 24, 2017

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... Read more »

1 Answer | Asked in Child Custody, Civil Rights and Public Benefits for New York on

Q: How can I get my kids back??

I have 4 kids and they are trying to take my rights and I want to beat this case I will do anything to get them back please help me I have court June 23 at 9am

Ali Shahrestani, Esq. answered on Jun 22, 2017

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... Read more »

1 Answer | Asked in Juvenile Law and Public Benefits for New York on

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

Ali Shahrestani, Esq. answered on Apr 3, 2017

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... Read more »

1 Answer | Asked in Family Law and Public Benefits for New York on

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

Ali Shahrestani, Esq. answered on Feb 4, 2017

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:... Read more »

1 Answer | Asked in Civil Rights and Public Benefits for New York on

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

I went out on disability in 2009, and started to receive Long term disability 6 months later. Because I had a mental illness, the Long Term Disability was capped at 2 years. There was a clause in the policy that stated that mental illness and substance abuse benefits were limited to 24 months.... Read more »

Ali Shahrestani, Esq. answered on Feb 3, 2017

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:... Read more »

1 Answer | Asked in Employment Law and Public Benefits for New York on

Q: Denied unemployment question

My employer laid me off due to lack of work but allowed me to work an additional 2 wks in which I was told if I had interviews to go on them and just to let them know. I had numerous interviews and follow ups. I emailed HR and kept open line of communication letting them know. I was denied... Read more »

Ali Shahrestani, Esq. answered on Feb 1, 2017

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,... Read more »

1 Answer | Asked in Municipal Law and Public Benefits for New York on

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

I am a disabled citizen

Ali Shahrestani, Esq. answered on Jan 31, 2017

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:... Read more »

1 Answer | Asked in Landlord - Tenant and Public Benefits for New York on

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

Over the past 6 months we have had assistance from HUD to pay for our rent they have paid half and we have paid half. HUD didn't pay the correct amount for a few months and we started receiving notices. However we checked with the main office at our complex to check our balance and they said we... Read more »

Ali Shahrestani, Esq. answered on Jan 31, 2017

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,... Read more »

1 Answer | Asked in Family Law and Public Benefits for New York on

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

How I go about getting what is my's.

Ali Shahrestani, Esq. answered on Jan 27, 2017

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... Read more »

1 Answer | Asked in Public Benefits for New York on

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

And to come in for an interview by an investigator, do I have to go? It just states if I don't go I'll lose my benefits, I only have medical assistance but was planning on switching anyway.

Ali Shahrestani, Esq. answered on Jan 26, 2017

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... Read more »

1 Answer | Asked in Estate Planning, Public Benefits and Real Estate Law for New York on

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?

In1971 a mortgage and bond was against property. Mom and I had a life estate deed recorded in 2005 Lien was re-recoded 2010 sold home 2016 paid $70,000.00 to welfare. Can they do this? Thanks in advance

Michael David Siegel answered on Jan 20, 2017

A lien for reimbursement of Medicaid payments or other benefits is allowed. I do not understand what happened, or more importantly, when.

1 Answer | Asked in Public Benefits for New York on

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

7 year misdiagnoses, 7 years of denials. now i have a diagnoses and restrictions from my doctor to overturn all my denials. i need help to just write these letters to show my evidence of disability.

Derek John Soltis answered on Nov 29, 2016

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?

1 Answer | Asked in Employment Law and Public Benefits for New York on

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

I am currently receiving workers comp benefits from my company in New York and not working for 1 year now. Three months ago an Independent Medical Exam determined that I'm 25% disabled. My company accepted the claim but recently reduced my benefit amount by 75% and can't offer me light duty work.... Read more »

Barry Eran Janay answered on Oct 26, 2016

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... Read more »

2 Answers | Asked in Family Law and Public Benefits for New York on

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

Single mom was on public assistance when put on child support not knowing until Court papers came in mail. Now has children back and has 3 other kids to raise. Just got a job may 2015 as a waitress making under minimum wage. Got a termination of order Aug 2015 but was Informed she has to pay $400+... Read more »

Robert Jason De Groot answered on Sep 9, 2015

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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