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New York Public Benefits Questions & Answers
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
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.... View 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,
Ali Shahrestani,
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... View 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,
Ali Shahrestani,
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... View 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,
Ali Shahrestani,
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:... View 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.... View More

Ali Shahrestani,
Ali Shahrestani,
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:... View 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... View More

Ali Shahrestani,
Ali Shahrestani,
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,... View 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,
Ali Shahrestani,
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... View 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... View More

Ali Shahrestani,
Ali Shahrestani,
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,... View 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,
Ali Shahrestani,
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... View 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,
Ali Shahrestani,
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... View 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
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
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... View More

Barry E. Janay
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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... View 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+... View More

Robert Jason De Groot
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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