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Oklahoma Public Benefits Questions & Answers
1 Answer | Asked in Divorce, Employment Law, Public Benefits and Family Law for Oklahoma on
Q: What can my niece do for legal help in divorce in Oklahoma?

My niece in Duncan, Oklahoma, is facing a divorce initiated by her husband, who also emptied their joint bank account. She cannot afford the $3,500 retainer fee for an attorney. They had no prenuptial agreements, and their children are adults. While she has her own bank account with funds from... View More

James L. Arrasmith
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answered on Nov 5, 2025

That must be a very difficult situation for your niece, especially with her husband taking the funds and leaving her without enough resources to hire an attorney. In Oklahoma, she still has several options to get legal help even if she can’t afford a private lawyer. Legal Aid Services of Oklahoma... View More

1 Answer | Asked in Education Law, Public Benefits and Immigration Law for Oklahoma on
Q: Can my son receive developmental disability services in Oklahoma despite not having a mental disability?

My son has a developmental disability and was receiving various services in California, including Medicare, IHSS, respite, personal assistance, ABA therapy, and funds for protective supervision. We've moved to Oklahoma and need guidance on accessing similar services here. Although my... View More

James L. Arrasmith
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answered on Oct 22, 2025

In Oklahoma, Developmental Disabilities Services (DDS) waiver programs hinge on a formal diagnosis of intellectual disability; without that diagnosis, you generally cannot access the DDS In‑Home Supports or Community Waivers. Because your son’s IQ is above ~70, he is unlikely to meet... View More

1 Answer | Asked in Public Benefits, Estate Planning and Family Law for Oklahoma on
Q: How to contest a disinheritance in a power of attorney as a special needs individual on SSI?

I am the special needs son who was collecting SSI before being disinherited in a General Durable Power of Attorney. The settlor authorized the attorney-in-fact, who is my niece, to make gifts of her property, create an irrevocable trust, or a special needs trust for two named beneficiaries, who are... View More

James L. Arrasmith
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answered on Oct 6, 2025

It’s understandable to feel confused and hurt in this situation, especially when you believe you’ve been unfairly excluded despite having legitimate needs. A **power of attorney (POA)** allows someone—the attorney-in-fact—to make financial or legal decisions on behalf of the person who... View More

1 Answer | Asked in Employment Law and Public Benefits for Oklahoma on
Q: Fired due to attendance, health issues. Can I get unemployment benefits in Oklahoma?

I was fired from my job due to attendance issues; I received warnings and write-ups prior to my termination. I couldn't physically do the job any longer due to my health, which I communicated verbally to my employer but did not provide any medical documentation. My employer provided all... View More

James L. Arrasmith
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answered on Sep 17, 2025

In Oklahoma, eligibility for unemployment benefits generally depends on whether you were terminated through no fault of your own. If you were fired for attendance issues, the Oklahoma Employment Security Commission will review whether your absences were excused or unavoidable. Simply citing health... View More

1 Answer | Asked in Public Benefits for Oklahoma on
Q: Homeless with memory issues, seeking financial and legal assistance in Oklahoma.

I am homeless and living in a friend's attic in Oklahoma, with worsening memory issues that cause me to forget entire days. I'm concerned about my brain health and am scheduled to get a scan. I'm seeking guidance on accessing potential financial assistance or legal advice related to my situation.

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answered on Sep 11, 2025

What you’re going through sounds incredibly heavy, and it’s important to know you don’t have to face it all alone. Since you’re dealing with memory issues and health concerns, the medical scan is a good step. If your condition affects your ability to work or live independently, you may be... View More

1 Answer | Asked in Gov & Administrative Law, Public Benefits and Elder Law for Oklahoma on
Q: Guardian seeking advice on Medicaid reimbursement and caregiver compensation issues in Oklahoma.

I am the guardian and caregiver for someone and have been dealing with Medicaid discrepancies regarding reimbursement for expenses and caregiver compensation over the last 11 months, which has become a nightmare. Initially, I was informed that reimbursing myself and compensating myself for... View More

James L. Arrasmith
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answered on Sep 8, 2025

You are facing a difficult situation, and your stress is understandable given the conflicting information you’ve received. As a guardian, your duties are defined by the court order and state law, but Medicaid rules can create additional financial risks when benefits are paid out incorrectly. If... View More

1 Answer | Asked in Gov & Administrative Law and Public Benefits for Oklahoma on
Q: Medicaid error led to my aunt receiving improper benefits; am I liable?

I am the legal guardian of my aunt and recently discovered that Medicaid placed her on a program she was not eligible for. They did not catch their mistake for several months. Now, they are blaming me and threatening to require reimbursement for benefits my aunt received due to their error. I had... View More

James L. Arrasmith
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answered on Sep 8, 2025

You are not personally liable for Medicaid’s mistakes when you have acted in good faith and provided accurate information. If Medicaid placed your aunt on the wrong program and their own employees admitted the error, that responsibility belongs to the agency, not to you as guardian. Reimbursement... View More

1 Answer | Asked in Identity Theft, White Collar Crime, Public Benefits, Consumer Law and Criminal Law for Oklahoma on
Q: How can I resolve ongoing identity theft and fraud issues?

Since January 2025, I've been a victim of identity theft, fraudulent accounts, forgery, and white-collar crimes. I believe I am being investigated and followed everywhere I go, and I've noticed unusual activities related to phone calls, emails, and my government benefits such as SSI, food... View More

James L. Arrasmith
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answered on Sep 2, 2025

Dealing with identity theft can feel overwhelming, especially when it affects your finances, benefits, and peace of mind. The first step is to secure your accounts by changing passwords, enabling two-factor authentication, and monitoring your credit reports closely. You should also place a fraud... View More

1 Answer | Asked in Landlord - Tenant, Public Benefits, Social Security and Real Estate Law for Oklahoma on
Q: How to stop eviction after receiving writ for entry and detainer due to non-payment of rent?

I received a writ for forcible entry and detainer due to non-payment of rent. I'm a veteran and have been waiting for my SSI and disability approvals. Despite having a lawyer inform the homeless alliance of my situation, they proceeded with eviction. If I'm unable to resolve this, my... View More

James L. Arrasmith
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answered on Aug 20, 2025

When you receive a writ of forcible entry and detainer in Oklahoma, it usually means the court has already ruled in favor of the landlord, and the sheriff may be scheduled to carry out the eviction soon. At this stage, your options are limited, but there are still steps you can take to try to delay... View More

1 Answer | Asked in Gov & Administrative Law, Civil Rights, Social Security and Public Benefits for Oklahoma on
Q: Seeking affordable lawyer for birth certificate name correction in OK for mom.

I need assistance finding a lawyer licensed in both Oklahoma and Arkansas for my 71-year-old mom, who is on a fixed income and needs affordable legal services. My mom was born in Oklahoma but now lives in Arkansas. She requires a court order from Oklahoma to correct her birth certificate, which... View More

James L. Arrasmith
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answered on Aug 20, 2025

Even though the situation feels overwhelming, there is a clear path forward for your mom. Because she was born in Oklahoma, the correction has to be made there through a court order. The process typically involves filing a petition in an Oklahoma district court to amend the birth certificate,... View More

1 Answer | Asked in Probate, Public Benefits and Real Estate Law for Oklahoma on
Q: Can I transfer my deceased parents' property to my name?

Both my parents have passed away, and I took care of them in their home at their request for 5 or 6 years. My siblings are deceased, and their estates have not gone through probate, with a few outstanding doctor's bills. My dad wanted me to go to a lawyer with him, but I didn't. My... View More

James L. Arrasmith
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answered on Jul 10, 2025

It sounds like you’ve been through a lot and are trying to honor your parents while also figuring out how to take care of their home. Since both your parents have passed and the property hasn't officially been transferred, you can’t simply go to the courthouse and put the deed in your... View More

1 Answer | Asked in Appeals / Appellate Law, Social Security and Public Benefits for Oklahoma on
Q: Need lawyer for federal Social Security appeal

I'm seeking legal assistance to file a federal appeal for a Social Security disability denial. I've gone through previous appeal steps, and I'm at the last step. Can a lawyer experienced in federal appeals help me with this?

James L. Arrasmith
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answered on Jun 29, 2025

You can engage counsel with proven experience in federal appellate courts to guide your Social Security disability appeal. At this stage, the focus shifts from administrative review to preparing a legal brief for the circuit court.

Your attorney will analyze the administrative record,... View More

1 Answer | Asked in Foreclosure, Public Benefits and Real Estate Law for Oklahoma on
Q: Was my home's tax sale valid despite submitting SSI paperwork for disabled children?

I am concerned about the recent sale of my home on June 9th due to $900.00 in back taxes. I live with disabled children and attempted to address the situation by submitting necessary paperwork from the SSI office to the treasurer's office on the same day the home was sold. I'm seeking... View More

James L. Arrasmith
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answered on Jun 13, 2025

Losing your home over unpaid taxes—especially while caring for disabled children—is a heartbreaking and stressful situation. Submitting paperwork from the SSI office on the day of the sale shows that you were trying to act in good faith, even if the timing didn’t prevent the sale from going... View More

1 Answer | Asked in Public Benefits, Social Security and Appeals / Appellate Law for Oklahoma on
Q: Can I get Disability for Major Depressive Disorder in Oklahoma?

I am experiencing debilitating Major Depressive Disorder, which severely impacts my ability to work. Although I applied for disability benefits over 60 days ago without an attorney, my application was denied. I have medical records that support the severity of my condition. I was previously... View More

James L. Arrasmith
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answered on Jun 7, 2025

You can qualify for Social Security disability based solely on major depressive disorder if you meet the criteria in the Blue Book’s listing for depressive disorders by showing a medically documented history of key symptoms and significant functional limitations lasting at least 12 months. That... View More

1 Answer | Asked in Landlord - Tenant, Public Benefits, Civil Rights and Real Estate Law for Oklahoma on
Q: Wrongful eviction while on Section 8 housing, landlord falsified documents.

I was wrongfully evicted while on Section 8 housing assistance. The realtor set my lease at $808, but I paid the full $1,000, covering both my part and Section 8's. In February 2024, after losing my job, I faced financial difficulties and got evicted when the landlord falsified documents to... View More

James L. Arrasmith
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answered on May 31, 2025

I'm really sorry you're going through this, especially with a child to care for. Since you believe the eviction was wrongful and involved falsified documents, the first thing you should do is gather all your paperwork: your lease, payment receipts, communication with the landlord or... View More

2 Answers | Asked in Divorce, Family Law and Public Benefits for Oklahoma on
Q: Can I seek spousal support in Oklahoma if I have MDD and my husband is on SSD?

I have been married to my husband for 20 years and have not worked for the last six years due to major depressive disorder (MDD), which makes it difficult for me to engage in daily activities. I am considering filing for divorce in Oklahoma. My husband receives SSD benefits of approximately... View More

Charles Watts
Charles Watts
answered on May 23, 2025

You answer is technically a 'yes you can seek it' -- However, that is not a guarantee you will get anything. Spousal support is also affected by the other party ability to pay when viewed in light of all the circumstances and expenses. Get with a family law attorney near you for further advice.

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1 Answer | Asked in Estate Planning, Public Benefits and Family Law for Oklahoma on
Q: Why am I disinherited in trust documents and how can I find representation?

I am a special needs disabled person collecting SSI in Oklahoma. My mother authorized an attorney-in-fact to make gifts of her property and to create trusts, including an irrevocable or special needs trust for beneficiaries. However, the later parts of the trust documents disinherit me, giving my... View More

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answered on May 15, 2025

It’s deeply upsetting to feel excluded from something as important as your own family’s estate plan—especially when you are someone with additional needs and were supposed to be protected. If your mother gave someone power of attorney to create or modify trusts, they had a legal duty to act... View More

1 Answer | Asked in Identity Theft, Landlord - Tenant, Collections, Gov & Administrative Law, Public Benefits and Consumer Law for Oklahoma on
Q: My sister forged my identity for a HUD lease; how do I resolve this?

In 2020, my sister used my name and social security number to lease an apartment through HUD at the complex she managed, without my knowledge. She signed both my name and her name on the paperwork as the manager. This lasted for two years, from 2020 to 2022. In 2023, Hunter Warfield contacted me,... View More

James L. Arrasmith
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answered on May 14, 2025

I’m really sorry you’re going through this—having a family member misuse your identity is painful, and the stress is even greater with government programs involved. Since your sister used your name and Social Security number without your consent, you are the victim of identity theft, even... View More

1 Answer | Asked in Public Benefits and Legal Malpractice for Oklahoma on
Q: Why did my attorney receive over half of my SSDI back pay when the SSA withheld funds for SSI?

I was approved for SSDI benefits, and my total back pay was calculated as $29,567, with my attorney receiving $7,500. Subsequently, I received a letter from the SSA stating they would send me $11,000, withholding $10,000 because I was eligible for SSI benefits earlier than expected, despite being... View More

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answered on May 14, 2025

I'm really sorry you’re facing this confusion and frustration. It’s understandable to be alarmed when the amount you actually receive from your Social Security back pay is much lower than expected, especially when your attorney’s fee seems high. But in most SSDI cases, attorneys are only... View More

1 Answer | Asked in Child Custody, Child Support, Social Security, Family Law and Public Benefits for Oklahoma on
Q: Seeking legal custody of my son in Oklahoma, mother abandoned him.

I am seeking legal custody of my son, who has been living with me for the past year. His mother abandoned him and his brothers, leaving them with their grandmother, and she hasn't contacted him. My son is almost 13 and wants to live with me. I need assistance on how to proceed with obtaining... View More

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answered on Apr 30, 2025

You're taking a crucial step for your son's well-being by seeking legal custody. In Oklahoma, you'll need to file a petition for custody with the district court in your county, showing that you're the better placement option due to the mother's abandonment and your ongoing... View More

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