Public Benefits Questions & Answers by State

Public Benefits Questions & Answers

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:

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: 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, Estate Planning, Family Law 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 Family Law, Probate and Public Benefits 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...

Q: Need help figuring out 401k distribution options ( separated from work age 55)?

1 Answer | Asked in Tax Law and Public Benefits for Indiana on
Answered on Jun 9, 2018
Eric Steven Day's answer
It just depends on what type of work you are doing now. For instance, if you are working for another company, you might roll it into their 401k plan. If you are in retirement, the IRA might be a good option because you are just waiting on distributions. If you are running your own business, you may consider starting a management company in the form of a C Corporation and sponsoring a solo 401k with that Corporation. This will allow you to contribute much more money and use the capital in...

Q: What if you feel that you are a victim of a practice that was using you medical insurance for profit.

1 Answer | Asked in Insurance Bad Faith, Medical Malpractice, Public Benefits and Personal Injury for California on
Answered on Jun 5, 2018
Dale S. Gribow's answer
NEED MORE INFO

YOU MAY WANT TO CHANGE DOCTORS AND THEN REPORT THIS DOCTOR TO LAW ENFORCEMENT AND MED BOARD IF YOU HAVE THE EVIDENCE

Q: Is vigilantism federally illegal or is it up to each state as to whether or not it is legal within the state?

2 Answers | Asked in Criminal Law, Federal Crimes, Gov & Administrative Law and Public Benefits for Texas on
Answered on May 31, 2018
Kiele Linroth Pace's answer
What, like Batman?

You're going to need to be a tad more specific ... at least specific enough to determine whether the question involves a matter of state law, federal law, or both.

Q: How can i change my daughter's last name ? she is almost 3 years old.And how long is taking to get new last name ?

1 Answer | Asked in Family Law and Public Benefits for Maryland on
Answered on May 31, 2018
Alan Solomon's answer
You need to file a petition in court to change her name and provide notice to the father. If he objects ere will be a hearing

Q: Someone wrote a book about my life and crime. It's even titled after me. I didn't consent.

1 Answer | Asked in Copyright, Collections, Constitutional Law and Public Benefits for Arkansas on
Answered on May 28, 2018
John Espinosa's answer
This question doesn't belong in any of these categories. You may have a civil cause of action for defamation. You should consult with a litigation attorney who specializes in defamation. Here is some more information about defamation: https://www.nolo.com/legal-encyclopedia/defamation-law-made-simple-29718.html

Q: I fraudulently received $3,377.00 in unemployment benefits in the state of New Jersey. Will they criminally prosecute?

2 Answers | Asked in Criminal Law, Insurance Bad Faith and Public Benefits for New Jersey on
Answered on May 21, 2018
H. Scott Aalsberg Esq.'s answer
The state could certainly criminal prosecute you and yes you would have to pay it back. If charged get yourself a good lawyer.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.