Public Benefits Questions & Answers by State

Public Benefits Questions & Answers

Q: notice to vacate or notice to quit which form is used to file for a court hearing on eviction hearing

1 Answer | Asked in Public Benefits for Missouri on
Answered on Dec 11, 2018
Ronald J. Eisenberg's answer
Two of the most common type of eviction cases are rent and possession and unlawful detainer. They are controlled by different statutes. Without knowing your situation, I have no way to determine what type of suit you could file.

Q: I'm going to be charged with felony wrongfully abstaining public assistance due to not reporting earned income /55000

1 Answer | Asked in Criminal Law and Public Benefits for Minnesota on
Answered on Nov 28, 2018
Thomas C Gallagher's answer
Executed jail time is unlikely for a first-time offender convicted of a low-dollar value theft crime. If it did happen, it would likely be short time. It can help in these cases to pay the money back, though it's best to do that through your attorney. Avoid making any statements or consenting to any search prior to consulting a criminal defense lawyer first. If you think you might qualify, apply for the public defender.

Q: Buying a car with lien

1 Answer | Asked in Criminal Law, Products Liability, Public Benefits and Small Claims for Maryland on
Answered on Nov 23, 2018
Mark Oakley's answer
You get the payoff amount on his loan, and have your bank issue a cashiers check payable to the sellers auto loan company and put the check in an envelope addressed to the lender, and drop it in the mailbox in each other’s presence. Have a second check issued (or cash) to the seller for the rest of the purchase price. The seller hands you the title signed by him on the back, and you take the title to the MVA together with a bill of sale the two of you sign stating the sale price and the...

Q: Are their any active red light cameras in the state of New Jersey, if not would that mean it is impossible to be given

1 Answer | Asked in Public Benefits and Car Accidents for New Jersey on
Answered on Nov 18, 2018
H. Scott Aalsberg Esq.'s answer
red light cameras have been outlawed that automatically give you tickets but Amber still exist on red lights which cops can see an issue you a ticket by mail.

Q: Can a city reimburse council members for purchase of concert tickets?

1 Answer | Asked in Traffic Tickets, Gov & Administrative Law, Municipal Law and Public Benefits for Texas on
Answered on Nov 14, 2018
Grant St Julian III's answer
It depends on the totality of the circumstances.

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

1 Answer | Asked in Civil Litigation, Gov & Administrative Law, Public Benefits and Social Security for New York on
Answered on Oct 30, 2018
Jonathan David Warner's answer
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 where I've been able to negotiate a release of the garnishment, based upon a debtor's financial hardship.

Consult with an attorney in your area regarding this matter.

Good luck!

Q: My linen on the bed at hotel was not changed I slept in the bed for two when I realized the sheets were solid.Can I sue?

2 Answers | Asked in Personal Injury, Environmental and Public Benefits for Michigan on
Answered on Oct 23, 2018
Brent T. Geers' answer
You can, of course, sue, but I'm not sure what that will get you. You'd need to prove damages to substantiate a monetary value. Assuming the best-and most likely scenario: this was a housekeeping error, and whomever slept in the bed before you was an ordinary and clean person, I'm not sure what reasonable damages you'd be able to say you incurred.

Q: Can social security benefits be garnished for unpaid out of state (New York) medical bills if a judgment is awarded?

1 Answer | Asked in Public Benefits, Social Security, Collections and Health Care Law for Florida on
Answered on Oct 9, 2018
Barry W. Kaufman's answer
Generally, under Florida law, SSI cannot be garnished. However, without knowing why the NY AG sued him and because a state agency is involved, and not a private creditor, the benefits may be able to taken by other means. He should contact his county legal aid office to see if he can get some legal advice there. Ignoring a lawsuit is never a good idea.

Q: How do I amend my child's birth certificate to add her deceased father to it ?

1 Answer | Asked in Family Law, Probate, Public Benefits and Social Security for Texas on
Answered on Oct 8, 2018
Robert W. Leonard Jr.'s answer
You can review the information provided at the Texas Department of State Health Services, VItal Statistics division to review the process. Here is the link:

Since you will need a court order, it would be best if you contact a local family law attorney to assist you. You want to make sure it is done properly.

Q: Is it possible to obtain a legal license to produce adult pornograpy in Louisville Ky

1 Answer | Asked in Business Law, Civil Litigation, Mergers & Acquisitions and Public Benefits for Kentucky on
Answered on Sep 27, 2018
Timothy Denison's answer
Yes. You would need to apply with Louisville Metro IPL.

Q: If someone was caught on camera committing a crime and residence was in a different county who signs SW for residence?

1 Answer | Asked in Criminal Law and Public Benefits for Kentucky on
Answered on Sep 24, 2018
Timothy Denison's answer
The judge for the county in which the residence lies should sign the search warrant.

The judge for the county in which the crime was committed should sign the arrest warrant.

The returns would probably be filed in the county in which the warrant was issued, but possibly both counties as well.

Q: My estranged father died and became ward of the state. What do I do?

1 Answer | Asked in Public Benefits and Probate for North Carolina on
Answered on Sep 19, 2018
Sara W. Harrington's answer
If your father was a ward of the state, someone should have been serving as his guardian or social worker. You might want to contact the agency who was taking responsibility for him to find out about the disposition of his remains. Also, if he was a ward of the state, there is probably no estate to administer, but he may have some personal items that the family can claim. The best thing to do is to contact the guardian or agency and go from there.

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

1 Answer | Asked in Personal Injury and Public Benefits for New York on
Answered on Sep 1, 2018
Timur Akpinar's answer
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.

Q: When does the other parent have to provide insurance information, if they say they have coverage?

1 Answer | Asked in Family Law, Child Support, Insurance Bad Faith and Public Benefits for Arizona on
Answered on Aug 31, 2018
Peter H. Westby's answer
This is relevant information and you can request it at any time. Since he has ignored your initial request, you can make a formal request to produce. I recommend consulting with a family law attorney to assist you with this process.

Q: My mother has Alzheimer's disease and she willed her two retirement accounts to me some time ago. When should I send it

1 Answer | Asked in Probate, Public Benefits and Estate Planning for Kentucky on
Answered on Aug 18, 2018
Timothy Denison's answer
You should send it now bc some other documents my need to be executed while she is still alive.

Q: Can a nonprofit in a one state involve lawyers from different states to help, and any other legal issues with my idea?

1 Answer | Asked in Business Formation, Business Law, Public Benefits and Criminal Law for Idaho on
Answered on Aug 3, 2018
Michael Hales' answer
There are going to be a number of ethical issues here for attorneys. For example, there are rules about referral services like this as well as how the attorneys would be paid. Because there are so many issues to discuss, I'd recommend finding an attorney to review this all in detail.

Q: In the state of California can I hold a California DL and a Nevada ID?

1 Answer | Asked in Traffic Tickets and Public Benefits for California on
Answered on Jul 20, 2018
Dale S. Gribow's answer
More information is needed to fully understand the facts and to give an accurate answer

However, you are always best advised to retain a lawyer in case you are charged or arrested. It's also important to not talk about this case to anyone except your attorney. Please remember anything you say can and will be used against you. The problem is that an officer can misunderstand what you said or not write down everything. Often it is what THEY THOUGHT THEY HEARD YOU SAY that hurts you. You...

Q: Can I get a concealed handgun permit in the state of texas if I was charged 3 years ago for a crime which was dismissed

2 Answers | Asked in Criminal Law, Gov & Administrative Law and Public Benefits for Texas on
Answered on Jul 13, 2018
Grant St Julian III's answer
Was the case dismissed after successful completion of deferred adjudication probation, or was it dismissed without any plea being entered? Ask this question to the attorney who represented you on the matter. Good luck.

Q: Required Minimum Distribution (RMD) of IRA?

1 Answer | Asked in Tax Law, Public Benefits, Social Security and White Collar Crime for Missouri on
Answered on Jul 8, 2018
Eric Steven Day's answer
Your required minimum distributions are determined on an annual basis. Therefore, if you took the distribution last year and are trying to include that distribution as part of your required minimum distribution for the following year, it won’t work. There is a different equation that is used when determining the RMD every year. That being said, you can withdraw the amount anytime throughout the year as long as it is the required amount.

Q: I filed a SSD claim. Hired a Lawyer. Lawyer did not get medical records in time. Evidence was not allowed into hearing.

1 Answer | Asked in Gov & Administrative Law, Public Benefits, Legal Malpractice and Social Security for Iowa on
Answered on Jun 21, 2018
Erik Luthens' answer
In any legal malpractice case the primary issues are: (1) whether your attorney breached the standard of care or in other words, did something (or failed to do something) that an attorney in a similar situation would have done; and (2) whether your attorney’s error is a proximate cause of your damages, I.e., was your attorney’s error à substantially contributing factor to the bad result you obtained; and (3) had it not been for your attorney’s error, would you have likely succeeded on...

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