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Ohio Public Benefits Questions & Answers
2 Answers | Asked in Landlord - Tenant, Public Benefits and Real Estate Law for Ohio on
Q: Help with Section 8 housing and moving in Ashtabula, Ohio

I'm on Section 8 in Ashtabula, Ohio, and I've lived in the same place for 9 years. I'm on disability and have a 16-year-old daughter. My landlord informed me via text message that we have 30 days to vacate because he's selling the house. I haven't received an official... View More

Kelly A Rochotte
Kelly A Rochotte
answered on Jun 11, 2025

Generally, a landlord cannot evict someone simply because they want to sell the home. However, if you are on a month-to-month lease arrangement, or your lease has expired and you're a holdover tenant, a 30 day notice would be sufficient. There is not enough information here to answer your... View More

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1 Answer | Asked in Consumer Law and Public Benefits for Ohio on
Q: Am I responsible for my adult homeless relative's medical debt in Ohio?

I would like to know if I am legally obligated to cover ongoing medical debts incurred by my adult homeless relative, who has refused to live with their elderly parents who are residents of Ohio and do not have much money. The person in need is not eligible for Medicaid or other health benefits.

Adam Savett
Adam Savett
answered on Feb 14, 2025

The answer, unfortunately, is "it depends."

You described the other person as an adult "relative," but you didn't indicate what your relationship is to that person. Are you their parent, child, grandparent, third cousin? The degree of relationship may matter,...
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1 Answer | Asked in Criminal Law, Federal Crimes and Public Benefits for Ohio on
Q: In Ohio if someone receives a section 8 voucher then later is convicted of a felony gun charge will they be terminated?

F3 attempt- revised code 2923.161

James L. Arrasmith
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answered on Mar 21, 2024

If you receive a Section 8 voucher in Ohio and later get convicted of a felony gun charge, such as an F3 attempt under Revised Code 2923.161, this may impact your housing assistance. Generally, the Housing Choice Voucher Program (Section 8) has rules that allow for termination of assistance if a... View More

1 Answer | Asked in Public Benefits for Ohio on
Q: Living with seperated husband, giving him rent. He had a food stamp card, did not tell them I was there and had income.

11,000 he and I both owe now. Garnishing my disability 15 percent. Court gave me exclusive use of house till its sold ( because of his actions) they are making me pay all mortgage and utilities which leaves me $5 for groceries. No extras here like hair or nails done. Just bills. Can they do that

James L. Arrasmith
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answered on Mar 20, 2024

In your situation, it seems you're facing significant financial and legal pressures, particularly concerning the garnishment of your disability income and the responsibilities imposed by the court regarding your living situation. Garnishment, especially from a disability income, is subject to... View More

1 Answer | Asked in Elder Law and Public Benefits for Ohio on
Q: I recently moved my 95 yr old grandpa from Florida to a Ohio nursing home. I also paid for his car to be transported to

Ohio. He would like to gift the 2009 car to me. He will be applying for Medicaid when his funds run out. How should I proceed? I don"t want him to have any problems with Medicaid if he does this.

Beverly A Stull
Beverly A Stull
answered on Feb 7, 2024

It is good that you are recognizing this could be a problem up front, so that it can be handled. There are two ways to approach it. One is to accept there is a penalty for an improper transfer, and arrange to pay (value of car/average monthly private pay rate for this year, currently $7,453 =... View More

1 Answer | Asked in Education Law, Employment Law, Military Law and Public Benefits for Ohio on
Q: Are Ohio public school teachers considered public employees for the purpose of paid military leave in Ohio?

Say a teacher were to join the national guard... Public employees are given additional benefits when serving in the national guard. Does a teacher receive these benefits based on Ohio law?

James L. Arrasmith
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answered on Dec 31, 2023

Under Ohio law, public school teachers are indeed considered public employees. This classification is significant when it comes to eligibility for certain benefits, including those related to military leave.

If a teacher joins the National Guard, they are entitled to the same benefits as...
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3 Answers | Asked in Estate Planning, Probate and Public Benefits for Ohio on
Q: Can children access life insurance if mom is beneficiary and is in memory care in Ohio?

My father recently passed away, and my mother, who is in a memory care assisted living facility, is named as the sole beneficiary of his life insurance policy. There is a will that states everything is to go to my mother first, then to the children. My siblings and I have power of attorney for our... View More

Nicholas P. Weiss
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answered on May 22, 2025

Unlikely. It is more likely that the money must first go to your mother. If you have a guardianship set up for her, it will likely need to go into the guardianship account.

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1 Answer | Asked in Public Benefits, Appeals / Appellate Law and Legal Malpractice for Ohio on
Q: Should my lawyer discuss SSDI denial errors before appealing in Ohio?

I recently received a denial letter for my SSDI claim, which contained several errors and unfounded assumptions. Specifically, the letter did not address my medications or their side effects and included comments about addiction to alcohol and marijuana without evidence. It also overlooked how my... View More

James L. Arrasmith
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answered on May 14, 2025

I'm really sorry you're dealing with this—it’s frustrating to fight for benefits you truly need and feel like you’re being misrepresented or ignored in the process. Errors in your SSDI denial that misstate your medical history, medications, or daily limitations should absolutely be... View More

1 Answer | Asked in Appeals / Appellate Law, Social Security and Public Benefits for Ohio on
Q: How to obtain psychological eval used in Ninth District decision for SSI?

I am assisting Steven O'Malley, whose case was mentioned in the 2006 Ohio Court of Appeals decision for the Ninth District, State v. O'Malley. The decision refers to Steven's mental disability. I am seeking psychological evaluation reports or similar documentation used in his appeal... View More

James L. Arrasmith
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answered on May 7, 2025

To obtain psychological evaluation records from an Ohio court case, you will need to submit a formal records request with a properly executed release of information form. The Ohio Public Records Act allows access to court records, though medical records require specific authorization.

For...
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3 Answers | Asked in Probate, Social Security, Family Law and Public Benefits for Ohio on
Q: How do my kids inherit profits from their grandfather's house sale without a will?

My children's father passed away two years ago, and they are receiving survivor benefits which I manage. Recently, my kids' father's siblings informed me that they are selling my children's grandfather's house after he passed away, and legally, my kids are entitled to 1/3... View More

Nicholas P. Weiss
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answered on Apr 16, 2025

You need to petition the probate court to be appointed your children's guardian of the estate, open an estate checking account, and have the funds paid into that account under the supervision of the court.

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1 Answer | Asked in Elder Law, Health Care Law and Public Benefits for Ohio on
Q: Could Medicaid/Medicare consider my mother a co-owner and seek home recovery if she pays rent?

I am my mother's caregiver, and she lives with me in my home, which is solely under my name for both the title and mortgage. My mother has both Medicaid and Medicare, and she contributes approximately $350 monthly towards utilities. If I rent a room to her in my house, could Medicare consider... View More

James L. Arrasmith
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answered on Apr 15, 2025

Paying rent does not automatically make your mother a co-owner of your home, especially since the property is solely in your name, and there’s no formal rental agreement in place. While Medicaid and Medicare both have specific rules about asset ownership, simply paying for utilities or a room... View More

2 Answers | Asked in Health Care Law, Public Benefits and Estate Planning for Ohio on
Q: Medicaid implications of renting room to a parent with Medicare

I am my mother's caregiver, and she lives with me in my home, which is solely under my name for both the title and mortgage. My mother has both Medicaid and Medicare. She contributes approximately $350 monthly towards utilities. If I rent a room to her in my house, could Medicare consider her... View More

Beverly A Stull
Beverly A Stull
answered on Apr 15, 2025

Medicaid Estate Recovery can only claim what your mother has in her name at the time of her death. They will not have any claim on your house because she pays you rent.

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1 Answer | Asked in Health Care Law and Public Benefits for Ohio on
Q: Will marriage affect our children's Medicaid eligibility?

My partner and I have two children currently on Medicaid. We both work full time with individual annual incomes of $41,000 and $38,000, respectively. I previously lost Medicaid coverage due to my income. If we decide to get married, could this affect our children's Medicaid eligibility based... View More

James L. Arrasmith
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answered on Apr 13, 2025

Getting married could impact your children's Medicaid eligibility depending on the income guidelines for Medicaid in your state. In many states, Medicaid eligibility is based on the household's combined income, which includes both parents' earnings. If you marry, your combined income... View More

1 Answer | Asked in Family Law, Employment Law and Public Benefits for Ohio on
Q: What can I do if my parents want to kick me out and I will become homeless?

I'm 18 years old in Ohio, and my parents, who are my legal guardians, want to kick me out, which will leave me homeless. I am currently attending school, but I will lose my job since my stepdad, who manages it, is likely to fire me. I haven't explored local resources or shelters, and I... View More

James L. Arrasmith
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answered on Apr 13, 2025

I'm really sorry you're facing this situation. Being 18 and potentially homeless can feel overwhelming, but there are resources in Ohio that can help you navigate this challenging time.

### Legal Rights in Ohio

In Ohio, once you turn 18, you're considered an adult and...
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1 Answer | Asked in Public Benefits, Social Security and Estate Planning for Ohio on
Q: Are we responsible for homeless daughter’s medical debt in Ohio?

I have a 54-year-old daughter who is homeless and facing mounting medical debt. She is non-compliant with her medical care and doesn't have any guardianship in place. We, her parents, have limited income and cannot afford further assistance. She is not eligible for disability through her... View More

James L. Arrasmith
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answered on Feb 15, 2025

I understand your deep concern about your daughter's situation and the potential financial implications for your family. This is clearly a challenging and emotionally difficult circumstance.

In Ohio, parents are not legally responsible for their adult children's medical debts. The...
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2 Answers | Asked in Elder Law and Public Benefits for Ohio on
Q: Medicaid question.92 year old father in rehab/nursing home will need to go next to long-term care. His income qualifies

him for Medicaid. His home has been a mobile home. Its fair market value is $7400 and that is his only physical asset. If he applies for Medicaid now and is accepted, as soon as we sell the trailer, his assets will be above $2000 which makes him ineligible for Medicaid until he spends down the... View More

Moshe Toron
Moshe Toron
answered on May 3, 2023

It can work out either way. If you are able to find items to spend on now, before he needs Medicaid, then that is a good option. The main thing is to sell it for the proper blue-book value and spend the funds down before he needs Medicaid.

Or you can get qualified for Medicaid first. Then,...
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1 Answer | Asked in Elder Law and Public Benefits for Ohio on
Q: Can Medicaid seize grandma's house if elderly uncle is living in it?

My 88 year old grandma has late stage dementia and needs 24hr care. My uncle (age 65) has lived with her for 30+ years and also has early dementia and can't really care for her anymore, but is hesitant to move her to an assisted care facility because he's worried about becoming homeless... View More

Mary Ellen Leslie
Mary Ellen Leslie
answered on Oct 26, 2022

If a doctor will confirm that without your uncle's care and assistance, your Grandmother would not have been able to continue living in her home, for as long as she was able to, your uncle should be allowed to continue to live in the home as long as he wishes. When he no longer needs to... View More

2 Answers | Asked in Elder Law, Real Estate Law and Public Benefits for Ohio on
Q: House & mortgage in both names. Does dad need POA to put house in his name only since she is in nursing home with Alz?

Mom has Alzheimers and is in nursing home. How does dad go about changing deed to his name only?

Bruce Martin Broyles
Bruce Martin Broyles
answered on Dec 14, 2021

Your mother is not capable of executing any document. In order to transfer real property most likely a guardianship will have to be placed by the Probate Court. Your mother is in a nursing home, so unless the assets of your parents are already protected, they will be required to spend down their... View More

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1 Answer | Asked in Elder Law, Family Law and Public Benefits for Ohio on
Q: Mom Medicaid for nursing home. Spouse living at home. They can’t take his house, right? What happens if he sells?

Elderly mom with Alzheimer’s disease needs 24 hour care. She is living in nursing home & needs Medicaid help to pay. Can her spouse sell their house in Ohio and use money left after mortgage payoff to buy another house or does he have to pay back Medicaid mom’s share of proceeds?

Moshe Toron
Moshe Toron
answered on Dec 13, 2021

He must first put the house into his name only. Then, if he sells his house, he can use the money to buys another house.

2 Answers | Asked in Public Benefits for Ohio on
Q: How much time can I get for penal code 2923.03 in the state of ohio
Matthew Williams
Matthew Williams
answered on Mar 29, 2021

That's the complicity statute. The potential penalty depends upon the level of offense in which your are allegedly complicit. Basically, what is says is this, if you are complicit in an offense, you are to be treated the same as if you committed the offense yourself. So, if you help someone... View More

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