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Public Benefits Questions & Answers
Q: If I get a flat from a pothole can I sue or have the state pay for my tire?

I hit a small, but SUPER deep pothole on a sharp corner where it was unavoidable and got a flat tire due to hitting it. Can I get the city to pay for the tire or sue for the money?

Randy Bryan Ligh
Randy Bryan Ligh answered on May 6, 2021

If you can provide that the pothole was unreasonably dangerous and/or defective to a reasonable prudent person, and that the custodian of the pothole knew and or should have known of this condition, then yes. Among the first things you should do is either consult an attorney to represent you on... Read more »

2 Answers | Asked in Gov & Administrative Law, Probate, Products Liability and Public Benefits for Florida on
Q: On a probate case do I get a lawyer from the state I reside in or from the state the probate is in?
Nina Whitehurst
Nina Whitehurst answered on Apr 22, 2021

You should hire an attorney licensed in the state where the probate case is. Theoretically you could find an attorney near you who is also licensed in the state where the probate is. For example, I live and work in Tennessee and am also licensed in Arizona and California and three other states.

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1 Answer | Asked in Gov & Administrative Law and Public Benefits for Michigan on
Q: I was supposed to be in a court hearing today for an upcoming trial. Is it ok everything was changed 12 hours prior?

I was sent a text from my public defender that my court hearing would no longer be in person, but on zoom, the time was changed to 2 hours later, and that my public defender would have another person subbing for them. They also said they would text me the zoom link prior to the newly set time. This... Read more »

Brent T. Geers
Brent T. Geers answered on Apr 19, 2021

Without knowing your case or details at all, I would assume today's hearing was a pretrial conference or status conference. Often, clients aren't really involved in those hearings unless you are ready to enter a plea. And rarely would anything significant about your case be discussed.... Read more »

2 Answers | Asked in Elder Law, Estate Planning and Public Benefits for Connecticut on
Q: Can items like a laptop and cell phone count as Medicaid spend down for a parent being admitted to a nursing home in CT?

My father was unexpectedly admitted to a skilled nursing facility after falling ill last year. He will need to remain their for the long term and we are now going through the Medicaid application as Medicare has stopped coverage for this service. We will have to spend down some of his money to... Read more »

Ellen S Deutsch Taylor
Ellen S Deutsch Taylor answered on Apr 6, 2021

It depends on the state. Every state has different eligibility requirements. Usually the items that you mentioned would not be considered assets for Medicaid eligibility. The administrators of the skilled nursing home are the best people to talk to since they know all the ins and outs of Medicaid... Read more »

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1 Answer | Asked in Copyright, Public Benefits and Social Security for Florida on
Q: Can I sue my lawyer for "withdrawal is failure to cooperate in good faith?"

I have been working with my lawyer for 1.5 years, and just as my disability retirement case is in the final stages (which looks like it won't be a winner), they decided to withdraw as my lawyer because they say I am not cooperating in good faith. Basically, the lawyer wanted me to submit my... Read more »

Elizabeth Fowler Lunn
Elizabeth Fowler Lunn answered on Apr 5, 2021

I’m sorry you had a negative experience with your attorney. Hire another attorney to handle your disability case if you don’t want to represent yourself. The issues with the forms from the doctor may have caused a problem with your case or it could be a the whole set of records don’t support... Read more »

1 Answer | Asked in Gov & Administrative Law and Public Benefits for Maryland on
Q: Been turned down for a Md state ID. Desperately need to open a checking account. Living in a hotel and no resources

I have been living in a hotel since 12/20/20 and I need to get a state ID to cash an insurance claim check. I moved from Ohio and my purse was stolen with a few other items right as I was leaving. I have acquired another birth certificate since. I have had several items mailed to me here, at the... Read more »

Mark Oakley
Mark Oakley answered on Apr 5, 2021

Not much anyone can do in three days time. The ID proof requirements are set forth on the MVA website:

https://mva.maryland.gov/drivers/Pages/apply-id-card.aspx

The MVA requires appointments during COVID, and you do not receive your ID card on the spot anymore for security reasons....
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2 Answers | Asked in Public Benefits for Ohio on
Q: How much time can I get for penal code 2923.03 in the state of ohio
Matthew Williams
Matthew Williams answered on Mar 29, 2021

That's the complicity statute. The potential penalty depends upon the level of offense in which your are allegedly complicit. Basically, what is says is this, if you are complicit in an offense, you are to be treated the same as if you committed the offense yourself. So, if you help someone... Read more »

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1 Answer | Asked in Public Benefits and Criminal Law for South Carolina on
Q: Can a defendant ask the state to have the evidence retested and split substance content?
Ryan D Templeton
Ryan D Templeton answered on Mar 18, 2021

Normally the state is not going to retest a substance unless the solicitor wants that done for some reason. That being said, you/your attorney can hire an expert to independently test the substance and file a motion with the court to have the item turned over to the expert for testing.

1 Answer | Asked in Election Law, Gov & Administrative Law, Government Contracts and Public Benefits for Florida on
Q: My ex stated that she “had dirt” on me after I asked her to stop communicating with me. What can I do?

I stated today that I no longer wished to continue communication with my Ex. She stated that she did not plan on it so I took that as an agreement. I stated that if she continued communication I would pursue legal action and she said that she “had dirt on me too” when I never stated that I... Read more »

Charles M.  Baron
Charles M. Baron answered on Mar 15, 2021

You asked if it's a threat, but not all threats are illegal. If she is merely saying or implying, "If you sue me, bad things about you will be revealed", there's nothing unlawful about that threat. Of course, if she makes false statements to third parties that are damaging to... Read more »

1 Answer | Asked in Child Custody and Public Benefits for Massachusetts on
Q: I was given custody of non biological child by the father,whom had full custody.what do I do next,if there's anything?

I have been already help raise this child for 10 yrs his father recently received full custody of him due to other biological parent did not respond to letters or show up at court,they awarded him full custody. Now he has gone to jail and gave me full custody rights to his son. The paperwork is... Read more »

Lillian J. LaRosa
Lillian J. LaRosa answered on Mar 15, 2021

You question is a bit shy on the procedural background. So there should be a Guardianship of Minor Petition and Petition for appointment as Temporary Guardian. Has that occurred? Otherwise has the DCF commenced a care and protection case in the district court? It sounds like adoption proceedings... Read more »

1 Answer | Asked in Appeals / Appellate Law, Civil Rights, Identity Theft and Public Benefits for California on
Q: Hi I’m being falsely accused of fraud by the department of human assistance in Sacramento ca I need my identity stole
Yelena Gurevich
Yelena Gurevich answered on Mar 10, 2021

you have no question pending. you are going to want to speak with an attorney to go over all your facts and circumstances to determine your rights and options.

1 Answer | Asked in Child Custody, Child Support and Public Benefits for Massachusetts on
Q: Can she apply for child support in a state she’s lived for 2 months?

Me & and the mother of my child are from MA. I’ve been in Florida for 4 years. She kept my child from me for 2 years, with false restraining orders etc (which I don’t know how that’s legal). She decided to get on good terms with me when her false accusations expired. She moved down here... Read more »

Lillian J. LaRosa
Lillian J. LaRosa answered on Feb 24, 2021

It sounds like Massachusetts has a lot of contacts with the parties and the child for child support orders, although if the child was only back in Massachusetts for 2 months custodial non-monetary issues would be appropriate in Florida as the home state. Was there a paternity or Custody and Support... Read more »

1 Answer | Asked in Real Estate Law, Construction Law, Public Benefits and Securities Law on
Q: suppose if a building collapses ,and the building have 10 flats aand 10 owners, who will pay back the loss
Tim Akpinar
Tim Akpinar answered on Feb 24, 2021

The answer to this question could depend on a number of factors. A geographic region was not included, but that would normally be relevant in terms of applicable state laws for zoning, building codes, fire safety, and areas. In general, some of the factors could include liability (who caused the... Read more »

1 Answer | Asked in Family Law and Public Benefits for Texas on
Q: What type of identification should I take with me in order to move out at 18?

I trying to move out of my parents house, but I don’t know what identification/documents should I take with me.

Teri A. Walter
Teri A. Walter answered on Feb 20, 2021

I suggest you take all of your property and especially all of your identification. You probably have a drivers license, birth certificate and social security card, but take it all and whatever else you have. It's also a good idea to start a list of these kinds of documents, as well as... Read more »

1 Answer | Asked in Public Benefits and Real Estate Law for Florida on
Q: This is in question of a land grab through a private person, selling to a public entity, thus the public interest.

Can a partial release of an easement be acquired and not held against those whose actual property is not adjacent to the original easement in question?

Terrence H Thorgaard
Terrence H Thorgaard answered on Jan 14, 2021

What?

2 Answers | Asked in Bankruptcy, Gov & Administrative Law, Public Benefits and Small Claims on
Q: When am I going to get my money

For the first time in the last few years ago when I was Powerball tickets online

David Luther Woodward
David Luther Woodward answered on Jan 11, 2021

What money?

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1 Answer | Asked in Identity Theft, Public Benefits and Social Security for Rhode Island on
Q: My daughter's father died in Jan '20 the 1st stim. check still went to him and I never got it. How do I get the 2nd ch

He received the first stimulus check to his address I'm assuming his mother took it because I never got it. After he died Jan 2nd 2020 his father did his taxes and claimed my daughter so will my second stimulus check be sent there also? How do I make sure that it goes to the right place. Also... Read more »

Susan Michele Schaefer
Susan Michele Schaefer answered on Jan 5, 2021

The IRS handles the Economic Income Payments (stimulus checks). IRS will be issuing the second round of payments based on the information the IRS has on file for your 2019 tax return, the information provided by Non-Filers tool, payment information entered on the Get My Payment tool, or information... Read more »

1 Answer | Asked in Civil Rights, Public Benefits and Social Security for Washington on
Q: after the car has been towed for 45 days, the car has been sold by “Wallys towing”. What should I do?

I am an international student, and I had a car ins Seattle. Because of COVID-19, I planned to go back to my home country, and I will go back to America in next year. My friend who live in Seattle taken care my car, he parked my car on the side of the road, but the car was towed away. After the car... Read more »

Kenneth Prigmore
Kenneth Prigmore answered on Nov 12, 2020

Your problem should be dealt with under state or local city law. That means to get the right answer, you need to ask your questions to a Washington State attorney.

I am a Utah attorney. If a car is left too long in the public space in Utah, a tow company can tow it, and eventually sell it....
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1 Answer | Asked in Gov & Administrative Law, Government Contracts and Public Benefits for Texas on
Q: Could you clarify how/why the minority of the Court favours an economic model of state paternalism / social democracy?

This is regarding the Supreme court case, Lochner v. New York, 198 U.S. 45 (1905)

Tim Akpinar
Tim Akpinar answered on Nov 9, 2020

There's considerable discussion and material on this case online. It could take some effort to narrow the issues down to the specific manner outlined in the description above. One starting point could be the U.S. Supreme Court's blog -... Read more »

1 Answer | Asked in Appeals / Appellate Law, Estate Planning, Family Law and Public Benefits for Wyoming on
Q: Can a Wyoming Supreme Court decision regarding a family trust and will be appealed or overturned in any way?
Tim Akpinar
Tim Akpinar answered on Oct 24, 2020

A Wyoming attorney could advise best here, but your question remains open for three weeks. Until you are able to consult with a local attorney, this is what the website of the Supreme Court of Wyoming says, which is public view to everyone, attorneys and non-attorneys alike:

The Supreme...
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