Public Benefits Questions & Answers by State

Public Benefits Questions & Answers

Q: Are there protection laws for back pay or funds received from SSDI that a person took and invested ?

1 Answer | Asked in Civil Rights, Gov & Administrative Law, Public Benefits and Social Security for Texas on
Answered on Apr 16, 2019
Roy Lee Warren's answer
THANK you for an excellent question. I believe you and I would get along great. The situation of which you speak is one of the more ridiculous scenarios of SSI in my opinion. However I am sure it makes sense to those that wrote the law. SSI benefits are based on need so if the person that receives the SSI benefits improves their economic situation (for example wins the lottery) the benefits are terminated. If the person is able to save their SSI benefits (rather than spending them) even the...

Q: Does Az.District Court Judge have a deadline to approve a fee waiver? We cannot "Serve" defendant until it is approved.

1 Answer | Asked in Criminal Law, Admiralty / Maritime, Gov & Administrative Law and Public Benefits for Arizona on
Answered on Apr 5, 2019
Timur Akpinar's answer
An attorney would likely want to see additional details here, possibly including pleadings, orders, agreements, and other related paperwork.

Tim Akpinar

Q: Just clarifying that if my dad loses his assistance thru inclusa as per STATE STATUTE 55.02(2) and SINCE HE IS in prote

1 Answer | Asked in Gov & Administrative Law, Public Benefits and Family Law for Wisconsin on
Answered on Mar 18, 2019
Brady R. Henderson's answer
Both Wisconsin law and federal law provide a right for a person being cared for due to a disability to be given the least restrictive placement. Sometimes court battles arise because that person, the person's guardian or family and the state disagree as to what placement is required. If you are your father's guardian, the state should not be able to do much here without your consent, or at least giving you notice of what they intend to do and an opportunity to be heard.

If things have...

Q: If you reside in the zipcode of a city in Oklahoma, and not in the city proper, do you get a vote in city elections?

1 Answer | Asked in Election Law, Gov & Administrative Law and Public Benefits for Oklahoma on
Answered on Mar 6, 2019
Kyle Persaud's answer
Check your city's municipal code. Your city's municipal code will tell who can vote in city elections, and who can't.

Some Oklahoma cities publish their codes online at www.municode.com

See if your city's code is there.

If your city's code is not on municode, contact your local city clerk. By Oklahoma statute, all city clerks are required to keep a copy of the city's municipal code in their offices, and make the code available for inspection.

Q: Can you change your mind the next day and ask the courts if you could remöve your name off the contract?

1 Answer | Asked in Civil Litigation and Public Benefits for Colorado on
Answered on Feb 6, 2019
Donald C Eby's answer
You can file a motion for reconsideration or request the court to reject your stipulated settlement agreement.

Q: Doctor punched my infected kidney & nurse gave me a shot in but cheek which paralyzed me for 3 days after hitting nerve.

2 Answers | Asked in Personal Injury, Medical Malpractice and Public Benefits for California on
Answered on Jan 22, 2019
William John Light's answer
It is highly unlikely that you were "punched" by a doctor in the course of medical treatment, unless you were being uncooperative and a danger to yourself or others. If that actually happened, contact the Medical Board. http://www.mbc.ca.gov/Consumers/Complaints/

If your complaints of "punching" are sustained, a personal injury attorney might be interested in taking your case.

With regard to the shot in the cheek, if your paralysis has resolved, and if that condition was the...

Q: How can I get a lawyer to assist with getting homeowner's insurance to respond after Irma damage and or management?

2 Answers | Asked in Civil Rights, Insurance Defense, Probate and Public Benefits for Florida on
Answered on Jan 7, 2019
David M. Goldman's answer
Consult with a property attorney who deals with hurricane damage.

Q: How to get Driver's License extension when on STEM-OPT pending?

1 Answer | Asked in Immigration Law, Gov & Administrative Law and Public Benefits for Wisconsin on
Answered on Dec 28, 2018
Kevin L Dixler's answer
Some of these issues are best considered before a job or internship is accepted in a less immigrant friendly state like Wisconsin. I strongly recommend an appointment with a competent and experienced immigration attorney to consider all of your options. Good luck.

The above is general information, not legal advice, and 'does not' create an attorney client relationship.

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: 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 and Collections 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:

https://dshs.texas.gov/vs/reqproc/amendparentage.shtm

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: 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: 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.

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