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Public Benefits Questions & Answers
1 Answer | Asked in Family Law, Child Custody and Public Benefits for Kentucky on
Q: If I take legal custody of a child that receives survior benefits for a parent, will they still get those benefits?

One parent is still alive and we have a joint custody agreement, although the child lives with me full time. No relation, the parent just couldn't care for the child anymore so I stepped in to help out.

Timothy Denison
Timothy Denison answered on Oct 9, 2019

They should continue to receive them, yes.

1 Answer | Asked in Public Benefits and Social Security for Massachusetts on
Q: Is my wife eligible for Social Security Disability?

My wife, 57, is legally blind. Her vision has steadily gone downhill for 15-20 years and hasn't driven since 2005. She hasn't worked since 1995 after our second daughter was born.

L. David Ferrari
L. David Ferrari answered on Oct 3, 2019

Maybe, but unlikely. If she is qualified for disability for medical reasons, because she has not paid into Title 2 AKA SSDI since 1995, she would not qualify financially. The other benefit available IF she medically qualifies, is Supplemental Security Income AKA Title 16 or SSI.

SSI is...
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1 Answer | Asked in Public Benefits for Tennessee on
Q: Can I get the evidence the d. A has against me before my hearing without a lawyer
Anthony M. Avery
Anthony M. Avery answered on Sep 26, 2019

You do not state what type of hearing you have. I seriously doubt you know how to ask for discovery, which is never everything anyway. Hire a competent attorney to represent you, as it looks like you are about to make an irreversible mistake. If you are at Sessions, then you usually do not... Read more »

1 Answer | Asked in Criminal Law and Public Benefits for New York on
Q: In ny cbd is legal as well as hemp itself. Could I grow a plant?

I use cbd for chronic pain, however the cost adds up and in order to save money I was wondering if it would be legal to grow a plant as long as it is less than .3% thc.

Aubrey Claudius Galloway
Aubrey Claudius Galloway answered on Sep 5, 2019

Legally? No, although I think this is an issue ripe for appeal now. Many states are having legal problems with distinguishing industrial hemp buds from marijuana buds and it’s a likely issue to get into our appellate system soon, which will create controlling caselaw on the issue... we will see... Read more »

1 Answer | Asked in Personal Injury, Public Benefits and Social Security for Texas on
Q: Im looking a kick the door open lawyer!

I have two polices with aig AD&D my company keeps telling me for a month now there reviewing my case. I lost my shoulder, arm, & hand due to part injury and part cancer. I have paid in full to aig and now i should collect. Please let me know what you think.

Ronald Dean Gresham
Ronald Dean Gresham answered on Sep 4, 2019

HI. I will need more information from you to answer your question. How did you lose shoulder, arm, and hand due in part to an injury? What injury? You can always email me directly at dean@greshamlawgroup.com or call me at 972-387-4040 and ask for Dean Gresham.

Thank you.

Q: how do i appeal the state hearing division decision for a rehearing?

In Dec., 2018 i filed a request for hearing on food stamp benefits that were issued to me from 2007-2013 on a EBT card that i never had. Their paperwork confirms my first EBT card was issued in 2014. Their Case Comment Summary from my workers also confirms that no NOA was ever mailed to me through... Read more »

Louis George Fazzi
Louis George Fazzi answered on Aug 27, 2019

You should contact the San Mateo County Bar Association and request a referral to a lawyer who can help you with this issue. Make sure you keep all the evidence you have and take it to a lawyer to see if s/he can be of any assistance to you. I advise you to prepare a chronological story of what... Read more »

Q: Awarded full year of back pay from my job over a year & a half ago and still get no answers or explanation.

if there anything I can do to make them honor my Arbitration award for my back pay? They've done others since I've started my process also, but mines for some reason is in limbo.

Neil Pedersen
Neil Pedersen answered on Aug 23, 2019

An arbitration award does not, by itself, mean you get paid if the employer does not voluntarily pay it. You have to take that award and enter it as a judgment in the Superior Court, and then start efforts to collect that judgment. This takes time and money. It would be wise for you to locate an... Read more »

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1 Answer | Asked in Public Benefits and Social Security for Hawaii on
Q: I am 56 yr male. I have been butcher for 33 years,only profession I know. Have glaucoma for 15 years. Take 4 medicines

Daily. Right eye 20/200 with 70% loss of vision. Left eye 20/50 with 60% vision loss. Can I qualify ssdi

Tim Akpinar
Tim Akpinar answered on Aug 22, 2019

An attorney who deals with SSDI matters (and who could hopefully give you meaningful direction here) would have better chances of picking up your question if you added a couple of categories, or reposted. Try adding "Social Security" and "Public Benefits" to your categories. Or you could also... Read more »

Q: SSDI hearing

Will I get denied if I do not have an attorney at my court hearing?

Cristina M. Lipan
Cristina M. Lipan answered on Aug 19, 2019

You won't get denied just because you don't have an attorney, but you're much more likely to be successful if you have one. That's because an attorney will know what records you need and will argue why you should be considered disabled. However, you will need to get an attorney as soon as the... Read more »

1 Answer | Asked in Immigration Law, Education Law and Public Benefits for Arizona on
Q: I'm a senior in college and I've been using FAFSA ever since freshman year. Will that hinder my citizenship application?

I've never failed any classes. I'm actually an honor roll student and have been awarded scholarships.

Kevin L Dixler
Kevin L Dixler answered on Aug 13, 2019

If you have falsely claimed to be a U. S. citizen on the FAFSA, among other issues, you can be placed in removal proceedings for deportation.

I strongly recommend an appointment or teleconference with a competent and experienced immigration attorney before there are any complications. Good...
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1 Answer | Asked in Immigration Law, Public Benefits and Social Security for Texas on
Q: can the Social Security Administration count my undocumented aliens spouse's income against me and stop my SSI benefits

My husband does not have a SSN and is not authorized to work in the US. We are in the process of applying for his green card but still not been approved. I receive SSI & Medicaid. I reported my marriage to my husband immediately after getting married but the rep told me that since he wasn't... Read more »

Kevin L Dixler
Kevin L Dixler answered on Aug 6, 2019

This seems a bit more complicated. More information is needed. Do you have a joint sponsor? Your husband should qualify for work authorization if he is eligible to adjust status. If not, due to complications with filing, it seems like you need an attorney, soon!

If "the rep" is not an...
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1 Answer | Asked in Public Benefits for Nevada on
Q: If I had a drug Felony in 1993 from a different state can I work in a dispensary
Patricia Warnock
Patricia Warnock answered on Jul 26, 2019

To work in a marijuana establishment in Nevada, you must obtain an agent card. You should review the requirements for obtaining an agent card to see if you qualify as there are several requirements, including references to previous drug convictions. The application is on the Nevada Department of... Read more »

1 Answer | Asked in Criminal Law and Public Benefits for Texas on
Q: Can I sensor tax returns they are requesting?

Im currently under investigation by the OIG for HHSC for medicaid and food stamp fraud. I haven't been charged yet. But they are wanting me to submit copies of the kids dads tax returns for the past 8 years. He is currently under an IRS audit after the tax preparer made a mistake on his income. He... Read more »

Roy Lee Warren
Roy Lee Warren answered on Jul 13, 2019

Remember, if the fish kept it's mouth shut it would not have got caught.

Because OIG is attempting to prosecute you, hire a lawyer to represent you. I would not trust them because if they just need to confirm his address they d/n need 8 years. Also going back that far in time could subject...
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1 Answer | Asked in Public Benefits for Georgia on
Q: GA Code § 1-2-3 (2018) Under this code how is the citizenship of the state of Georgia is acquired?
Ecleynne Mercy
Ecleynne Mercy answered on Jul 10, 2019

All citizens of the United States, resident in Georgia, are citizens of Georgia.

Ga. Const. 1983, Art. I, § I, ¶ VII.

Until citizenship is acquired elsewhere, a citizen of Georgia continues to be a citizen of the state and of the United States.

1 Answer | Asked in Health Care Law, Medical Malpractice and Public Benefits for Iowa on
Q: What kind of lawyer do I need if an inpatient mental health facility violated their policies?

I placed my teenage daughter in an inpatient mental health facility that had strict guidelines regarding who could contact her and how. She was not allowed to have contact with anyone that I, personally did not put on her list, which was password protected by a password I chose. She could not... Read more »

Erik Luthens
Erik Luthens answered on Jun 26, 2019

Did you have a written agreement between the health care facility and you? If so, are the conditions / terms which you assert were violated specifically delineated in the agreement? How have you and / or your daughter been damaged by the health care facility’s breach of the agreement?

2 Answers | Asked in Products Liability, Civil Rights and Public Benefits for New York on
Q: If someone form the streets, were to come up to you and hand you something. Then say it cost 20$ are you obligated to

pay them, even though they didn't tell you anything about the price when handing it to you?

Peter N. Munsing
Peter N. Munsing answered on Jun 15, 2019

No. But give it back.

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1 Answer | Asked in Public Benefits for Michigan on
Q: What is the definition of family in michigan?

If I live with my girlfriend and her kids do I count as part of the family? For section 8 housing HUD calculations...I take care of her kids while she works but my landlord says I have to do community service if I am not working (which I can't as I take care of homeschooled children all day).... Read more »

Brent T. Geers
Brent T. Geers answered on Jun 6, 2019

What defines a family varies. A common definition - the one I suspect may apply in your case - is that "family" has blood or legal ties to each other. You have neither.

The reason being is that the state sees your situation as having it both ways: by virtue of you living together, you're...
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1 Answer | Asked in Appeals / Appellate Law, Gov & Administrative Law and Public Benefits for Mississippi on
Q: How do I appeal a court case?

The judge did not even let me explain my side of the story. He automatically sided with the plaintiff without going over any evidence that I brought to court to present to him. I feel like I was discriminated against, but I have no idea why.

Tim Akpinar
Tim Akpinar answered on May 27, 2019

A starting point could be to contact an attorney in Mississippi for a brief consultation to review the decision and the grounds for appeal. As a general matter, keep in mind that the period in which to file appeals is generally short (in the order of days with many matters). Also keep in mind that... Read more »

1 Answer | Asked in Public Benefits for Arizona on
Q: If a party is working for a state agency can they still get state assistance
Peter N. Munsing
Peter N. Munsing answered on May 23, 2019

Usually most state jobs would pay enough to make them ineligible but if working part time they might be eligible for certain programs like food stamps etc depending on family circumstances.

1 Answer | Asked in Public Benefits for Tennessee on
Q: I was just denied after my hearing should I keep fighting or start over
Peter N. Munsing
Peter N. Munsing answered on May 23, 2019

Consult your local Legal Services Legal Aid. Usually it's worth an appeal but I'm not seeing any details and it's best you get with legal services.

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