Lawyers, Answer Questions  & Get Points Log In
Public Benefits Questions & Answers
1 Answer | Asked in Family Law, Appeals / Appellate Law, Child Support and Public Benefits for California on
Q: I've had money taken from me for A child that's not mine from over 20 years and they're grown I want my money back

My stimulas has been taken and in the past it was made to stop garnishing wges but didn't know I can't get unemployment either I am not the father

Chris M. Bradford
Chris M. Bradford answered on Jul 1, 2020

The judge is going to ask you: Why did you wait 20 years to challenge that you are not the father? Why didn't you do that 20 years ago? If you look back at the original order it no doubt says that you are the father in the original order. If you were not the original father, it should... Read more »

1 Answer | Asked in Public Benefits, Social Security and Medical Malpractice for California on
Q: My Doctors&Clinic kept inaccurate records & have altered them to avoid dealing with a complaint. Is this malpractice?

I can prove they altered them. The result has been denial for SSDI benefits and a severe deterioration in my quality of life and has endangered my overall health permanently. I don't know what to do to fix this?

William John Light
William John Light answered on Jun 23, 2020

It might be a HIPAA complaint, but damages are not available for that under the statute.

It might be Negligent Interference with Prospective Economic Advantage, but it's unclear that there would be enough money at stake to justify this type of claim.

Also, I don't know...
Read more »

1 Answer | Asked in Gov & Administrative Law and Public Benefits for Florida on
Q: Can DEO get away with not dispersing the $600 per week PUA money I qualify for?

I am eligible under the Care's Act for PUA as a 1099 worker. I was also eligible for unemployment as a 1040 worker. I received back pay for unemployment but not the PUA funds. The DEO is not communicating with me, and can not answer my questions, friends from other states have already received... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jun 10, 2020

No, DEO is not "committing fraud." Since DEO is the final decision-maker as to whether or not you are entitled to the extra money given to DEO under the CARES Act I strongly suggest that you stop fighting with them and just wait for the DEO bureaucracy to catch up with the thousands of... Read more »

1 Answer | Asked in Public Benefits for Oklahoma on
Q: Why is it illegal ti fly sky laterns in the state of oklahoma

Explain this to me

Richard Winblad
Richard Winblad answered on Jun 2, 2020

Absolutely:

2014 Oklahoma Statutes

Title 68. Revenue and Taxation

§68-1624.1. Aerial luminaries.

Universal Citation: 68 OK Stat § 68-1624.1 (2014)

A. It shall be unlawful to sell, offer for sale, distribute, possess, ignite, or otherwise use aerial...
Read more »

2 Answers | Asked in Gov & Administrative Law, Government Contracts and Public Benefits for New York on
Q: How much would a lawyer charge to apply for state teacher certification in all 50 States. What is the time frame?

I am interested to know if someone can apply for teacher certification for me in all 50 states. I have an Advanced Professional Certificate in Two Subject Areas, and an Administrator Credential. I have 15 years of teaching experience, could someone do this? If so could you give a rough time... Read more »

Tim Akpinar
Tim Akpinar answered on May 28, 2020

Why do you want to pay a lawyer to do something you could accomplish on your own? It doesn't require legal skills to apply for teacher certification. Given your credentials, you are clearly bright enough to deal with the process. But if you wish to have a lawyer handle it for you, you could... Read more »

View More Answers

1 Answer | Asked in Elder Law, Estate Planning, Real Estate Law and Public Benefits for Michigan on
Q: My aunt gave her home to her threekids 10 years ago and reserved a life estate for herself. She went to a nursing home

January of 2020. Before she went to the nursing home. she put a new roof on the house. She applied for Medicaid in January. She was denied because DHHS said that the value of the new roof is a divestment of three-fourths of the $13000 roof cost. They are more or less saying that the life estate is... Read more »

Kenneth V Zichi
Kenneth V Zichi answered on May 22, 2020

They may be right or if the life estate requirements were that she maintain the house they may be wrong.

Hard to say without actually examining the documents but why was this mechanism used rather than a ladybird deed which would have made this moot?

It may be too late at this...
Read more »

1 Answer | Asked in Gov & Administrative Law, Government Contracts, Public Benefits and Contracts for Tennessee on
Q: Pawn shop sold my items during state of emergency in tennessee what can i do
Anthony M. Avery
Anthony M. Avery answered on May 18, 2020

You might consider filing a Civil Warrant for Conversion in General Sessions. The exact name of the Shop must be listed as Party Defendant, and you must properly serve it.

1 Answer | Asked in Consumer Law, Public Benefits, Small Claims and Contracts for Michigan on
Q: Got a writ of garnishment on a Zales jeweler card from 1995-2001 can they still garnish me in the state of Michigan

I worked multiple jobs and this is the first time they've attempted a garnishment, after all this time can they still collect even with them not making a effort to collect from previous employers

Brent T. Geers
Brent T. Geers answered on May 18, 2020

What matters is whether they have a valid judgment. Judgments may be renewed every 10 years. I would assume they did that and now that they've found you again, they can collect. You could look into filing a motion for installment payments with the court.

2 Answers | Asked in Public Benefits and Social Security for California on
Q: Applying for SSDI after receiving Unemployment assistance?

I have a progressing illness which qualifies me for SSDI.

Now I lost my job because of COVID-19.

I am planning to collect my unemployment now and then, if no luck finding a job that I can do (if any), I will apply for SSDI.

My question: Can (will) the fact of me receiving... Read more »

Nancy J. Wallace
Nancy J. Wallace answered on May 14, 2020

EDD has Unemployment Insurance or State Disability Insurance (SDI). Self employed do not get UI. Self employed do not get SDI (it's a deduction on workers checks ). Social Security Disability ftom the Federal govt is a possibility. But it requires doctors writing you cannot work, and it... Read more »

View More Answers

1 Answer | Asked in Immigration Law and Public Benefits for Mississippi on
Q: If my medical bills were paid for by the hamilton county indigent program in TN will that be a public charge?

I recently got married in March and I'm applying for a green card. I gave birth to my daughter on July 19, 2019, in Chattanooga and the hamilton county indigent program paid for my delivery. I got approved for the indigent rate at Erlanger for 6 months because of the program ( I only used it... Read more »

Robert Roy Klein
Robert Roy Klein answered on May 13, 2020

Only federally funded Medicaid programs are considered as public benefits. If this program was local, there should be no problem. USCIS also makes exceptions for women who receive federally funded Medicaid when they're pregnant. Finally, you're only considered a public charge if... Read more »

1 Answer | Asked in Public Benefits and Social Security for California on
Q: Receiving Government relief and Unemployment while applying for Disability?

I am in the process of filing for SSDI in CA which coincidentally happens during the ongoing COVID19

Following announcements I have filed for temporary relief and unemployment insurance- just as the Governor said.

The condition of applying for SSDI is absolutely no income from any... Read more »

Neil Pedersen
Neil Pedersen answered on May 12, 2020

To get SSDI you need to certify that you are physically or mentally incapable of performing work. To get unemployment insurance benefits you need to certify that you are ready willing and able to work full time and that you are seeking full time employment. The two are mutually exclusive. If you... Read more »

1 Answer | Asked in Foreclosure, Real Estate Law and Public Benefits for Texas on
Q: How do I get percentage commission without getting a realtor for the sale of a friend's home that I sold .

I did a friend a favor and I got a buyer for her home on a mortgage short sale.

Mortgage company guidelines state she needs a realtor to sell her home.

I am not a realtor or licensed .

Yet how do I go about it to get that 6% commission from mortgage company?

What... Read more »

Gregory Byrnes
Gregory Byrnes answered on Apr 29, 2020

I don't practice Texas law, however, you probably can't get a commission legally because you need to be licensed either as a real estate agent or broker. You could look into whether it is permissible to receive a finders fee in Texas: https://legalbeagle.com/8579336-texas-finders-fee-laws.html

1 Answer | Asked in Public Benefits, Social Security and Health Care Law for Florida on
Q: How do I go about appealing a denied disability case? I have Type 1 Diabetes and Severe Gastroparesis which impairs me.
Susan Michele Schaefer
Susan Michele Schaefer answered on Apr 27, 2020

Once you have a notice from the Social Security Administration (SSA) denying your claim for disability benefits, you have 60 days to appeal by stating in writing that you disagree with the determination that SSA made. You can find the forms used for appeal at... Read more »

1 Answer | Asked in Insurance Bad Faith, Public Benefits and Social Security for California on
Q: I was paid short term disability but now ins. co. sys they made a mistake. Do I have to pay them back?
Neil Pedersen
Neil Pedersen answered on Apr 27, 2020

There is no way anyone here can answer that question without knowing far more. However the general rule is that the law does not usually allow someone to benefit from the mistake of another, and in most situations where a contract is concerned, money received by mistake needs to be paid back or a... Read more »

1 Answer | Asked in Gov & Administrative Law, Public Benefits and Immigration Law for Texas on
Q: Is there any issue with permanent residents accepting government aid?

If a permanent resident accept FAFSA gift aid, is there any possibility the government will inquire it back? For example if the government gifted me $4000 could they charge it back?

Robert Roy Klein
Robert Roy Klein answered on Apr 21, 2020

Permanent residents may receive FAFSA. There might be other reasons that they might want you to pay it back, like for fraud. As for you being a permanent resident, it won't have any effect on citizenship.

1 Answer | Asked in Civil Rights, Landlord - Tenant and Public Benefits for California on
Q: Can family homeless shelters kick families out during the Corinavirus quarantine?

My newborn, medically fragile son and I were kicked out while the entire facility was quarantined due to another family having Coronavirus symptoms.

Louis George Fazzi
Louis George Fazzi answered on Apr 18, 2020

In these most unusual of times, administrators of shelters must make terribly tragic decisions based on the conditions which exist. I'm sure you are grateful for the fact that you and your son do not presently have the coronavirus, but that can be little consolation while you are still... Read more »

1 Answer | Asked in Public Benefits for Florida on
Q: Our HOA bylaws were created in 1990 and filed with the State of Florida. What is required to turnover the association?

"The developer shall organiz the association. The board of directors shall consist of no more than 20 and not less than 3 directors. Prior to turnover the developer shall have the right to control the association and shall not be required to submit any matters to the members for a vote of... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Apr 18, 2020

Florida Statute 720.307 provides in pertinent part that:

"... —With respect to homeowners’ associations:

(1) Members other than the developer are entitled to elect at least a majority of the members of the board of directors of the homeowners’ association when the...
Read more »

1 Answer | Asked in Public Benefits for Massachusetts on
Q: Can a pass a OCC urine in the state of Massachusetts if I take suboxone without a prescription?
William Barabino
William Barabino answered on Apr 13, 2020

Hello,

I am fairly confident that the answer is no. The OCC program is very sensitive and knowledgeable to the abuse of nearly every type of drug.

1 Answer | Asked in Public Benefits for California on
Q: We came to the United States 4 years ago and we have sponser(my uncle),we don't have good financial situation right now

my uncle never support us from first day and we don't speak with he, actually he left us!

Can we apply for food stamps?

does this affect on US citizenship?

thanks

Manuel Alzamora Juarez
Manuel Alzamora Juarez answered on Apr 12, 2020

If you are citizens or permanent residents who have sponsored a relative, you are presumed to have sufficient income to sponsor said relative. Since 4 years have gone by, you should go and request your food stamps based on loss of income and job due to Corina virus.

Q: What type of legal document do I need to file to request that a court ORDER Unemployment Agency to take paper Applicatio

I am from Illinois and I recently tried to file for unemployment due to COVID-19 by mailing a paper copy of the official IDES unemployment form(which I downloaded and printed from a PDF file on their website).

I received a call days later that they would not accept paper applications and... Read more »

Charles Candiano
Charles Candiano answered on Apr 12, 2020

In general, an agency has the ability to promulgate administrative rules. If their refusal to accept a paper application effectively denied your benefits, it might be possible. Under the current circumstances where the majority of the population is under a stay-at-home order, nearly all government... Read more »

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.