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Q: Do I have to sign a release for workers' comp to access my Medicare and SSDI info in PA?

I am currently involved in a workers' compensation claim in Pennsylvania and have been asked to sign a release allowing access to my Medicare and SSDI information. I'm concerned about how this information will be used. Do I legally have to sign this release for my workers' comp provider?

Timothy Belt
Timothy Belt
answered on Apr 24, 2025

You do not have to sign any authorizations or releases for the workers' compensation carrier. The only time I would even consider allowing a client to sign an authorization for Medicare and SSDI information would be during settlement negotiations if my client was Medicare eligible to obtain... View More

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2 Answers | Asked in Medical Malpractice, Public Benefits and Personal Injury for New York on
Q: Potential medical malpractice with steroid-induced complications at MSK in Manhattan.

I believe there is a potential medical malpractice case involving an elderly, disabled cancer patient who was hospitalized on April 14th at Memorial Sloan Kettering Cancer Center in Manhattan. The patient, aged 78 and diabetic, is on Medicare and Medicaid. She is facing life-threatening... View More

Tim Akpinar
Tim Akpinar
answered on Apr 23, 2025

I'm sorry for your friend's situation. Based on the quality and detail of your post, you probably don't need anyone to tell you that this has the makings of a difficult and complex case, given the patient's age, existing conditions, and involvement of multiple medical... View More

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2 Answers | Asked in Employment Law, Public Benefits and Appeals / Appellate Law for California on
Q: Can I challenge unemployment benefits denial after being fired for drug use in CA?

I was fired from my job in California for using drugs on the job, which was a one-time incident. Although I was aware of the company's drug policy, I applied for unemployment benefits but was denied because my work did not meet the employer's standards. I had the opportunity to explain... View More

Michael R Trust
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answered on Apr 20, 2025

If you didn't meet your employer's standards with work performance, it's not clear what your drug use had to do with this. UI won't generally be denied for poor work alone, unless it's egregious. If you were fired for violating the drug use policy, that's likely... View More

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2 Answers | Asked in Civil Rights, Health Care Law and Public Benefits for California on
Q: Is 42 U.S.C. Section 1983 applicable for Medicare fraud by hospice and denied referral?

Is 42 U.S.C. Section 1983 applicable for a claim of punitive damages if a doctor denied a referral covered by Medicare and enabled fraudulent Medicare charges by a hospice, misrepresenting my health status as terminal and causing me to lose access to normal healthcare?

Marina Samson
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answered on Apr 16, 2025

Section 1983 does not apply to private actors. The individuals such as your doctors unless they are acting under color of state or federal law. This means they must be exercising government (state) power or acting on behalf of the state when the violation of rights occurs. If the doctor is working... View More

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4 Answers | Asked in Criminal Law and Public Benefits for California on
Q: Warrant active since 2020 for unknowingly purchasing stolen car; steps to address?

In July 2020, I was arrested for unknowingly purchasing a stolen car (10851 VC). A warrant was issued in November 2020, but I never received any notice about it. When I went to court in July, no charges were filed against me. I have confirmed that the warrant is still active, but due to financial... View More

Mario Tafur
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Mario Tafur
answered on Apr 15, 2025

First, I recommend contacting the court that issued the warrant or the relevant law enforcement agency to confirm its status and gather details about the process for resolution. This step is critical to prevent an unexpected arrest and to clarify why the warrant remains active, particularly since... View More

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Q: Challenge POA legitimacy and estate distribution among siblings in Texas.

In Texas, my sibling presented a notarized Power of Attorney, reportedly signed by our mother, who was under Medicaid and in poor health. This was done without involving other siblings or reaching an open, written agreement. Our mother had suffered a severe fall due to an incident with an American... View More

John Michael Frick
John Michael Frick
answered on Apr 14, 2025

To successfully challenge the use of a POA before your mother's death, you will need to prove that, at the time she signed the POA, she was mentally incompetent to do so, she was under duress (someone threatened her with bodily harm),or it was obtained by fraud (she reasonably believed she was... View More

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4 Answers | Asked in Divorce, Family Law, Social Security and Public Benefits for Florida on
Q: Can I modify or reinstate alimony after pension buyout and remarriage?

I divorced in 2009 and was awarded periodic alimony of $800 per month. Later, my ex-husband took a pension buyout, and we both received a portion. He stopped paying alimony, and I mistakenly believed the obligation ended with the buyout. I remarried in 2017, divorced a year later, and recently... View More

Kunal Mirchandani
Kunal Mirchandani
answered on Apr 13, 2025

Yes, you may be able to reinstate or enforce alimony if your ex-husband stopped paying without a court order modifying the obligation. The pension buyout alone does not terminate court-ordered alimony. However, your 2017 remarriage likely ended future alimony. You may still pursue arrears from... View More

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4 Answers | Asked in Divorce, Family Law, Social Security and Public Benefits for Florida on
Q: Can I modify or reinstate alimony after pension buyout and remarriage?

I divorced in 2009 and was awarded periodic alimony of $800 per month. Later, my ex-husband took a pension buyout, and we both received a portion. He stopped paying alimony, and I mistakenly believed the obligation ended with the buyout. I remarried in 2017, divorced a year later, and recently... View More

Ira Markowitz
Ira Markowitz
answered on Apr 13, 2025

Was the award of permanent periodic alimony after trial or was per a Marital Settlement Agreement? If it was an MSA it would depend on the wording whether your remarriage ended your entitlement to receive the alimony beyond the date of your remarriage.

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2 Answers | Asked in Public Benefits and Employment Law for California on
Q: What options do I have after my disability benefits end in July without long-term disability?

I'm currently on disability benefits until July, after which they will end. My company doesn't offer long-term disability (LTD), and I'm currently on unpaid medical leave. What are my options to secure income or additional benefits once my current disability benefits expire?

Neil Pedersen
Neil Pedersen
answered on Apr 8, 2025

if you have not sought them, you have disability benefits under the California State Disability Insurance administered by the EDD. If that is what you are presently receiving, your only other possible recovery would be through Social Security Disability Insurance, which is much harder to get, and... View More

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3 Answers | Asked in Criminal Law, Public Benefits and Employment Law for Georgia on
Q: Facing 9 counts of theft by taking in GA, denied indigent defense due to income despite layoff, need advice.

I have a jury trial scheduled for April 7th in Forsyth County, Georgia, regarding 9 counts of theft by taking related to stealing lottery tickets due to my severe gambling addiction. I feel remorseful and want to apologize to my employer. I've applied for indigent defense but was denied due to... View More

Joshua Schiffer
Joshua Schiffer
answered on Apr 6, 2025

Forsyth is rather strict with some of their interpretations and do not pull punches with prosecutions.

You need to re-apply for indigent defense and document the process thoroughly

There are also a variety of legal service providers for different income levels, and you would be...
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4 Answers | Asked in Medical Malpractice, Public Benefits and Personal Injury for California on
Q: Can I take legal action for not being informed about a colon cancer diagnosis in 2021?

Last week, a doctor assigned by SSI informed me that I was diagnosed with colon cancer back in 2021, according to my medical records, but I was never informed about this diagnosis. I have documents verifying the diagnosis, which the SSI doctor recently explained to me. This was shocking, as I had... View More

Frederick J. Sette
Frederick J. Sette
answered on Apr 3, 2025

As with any case, there is a statute of limitations concern, and with medical malpractice claims that statute can be arguable, a knew-or-should-have-known test. However, your case sounds as if it warrants investigation as a 'delayed diagnosis' case, and this type of scenario is most... View More

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4 Answers | Asked in Medical Malpractice, Public Benefits and Personal Injury for California on
Q: Can I take legal action for not being informed about a colon cancer diagnosis in 2021?

Last week, a doctor assigned by SSI informed me that I was diagnosed with colon cancer back in 2021, according to my medical records, but I was never informed about this diagnosis. I have documents verifying the diagnosis, which the SSI doctor recently explained to me. This was shocking, as I had... View More

William John Light
William John Light
answered on Apr 2, 2025

If you have been injured as a result, you may have a claim. Injury will mean your condition progressed from treatable to not treatable, or that the nature of treatment has changed and will leave you in a substantially worse position than if treatment had been provided in 2021. Ordinarily, your... View More

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4 Answers | Asked in Medical Malpractice, Public Benefits and Personal Injury for California on
Q: Can I take legal action for not being informed about a colon cancer diagnosis in 2021?

Last week, a doctor assigned by SSI informed me that I was diagnosed with colon cancer back in 2021, according to my medical records, but I was never informed about this diagnosis. I have documents verifying the diagnosis, which the SSI doctor recently explained to me. This was shocking, as I had... View More

Dan Rowan Cortright
Dan Rowan Cortright
answered on Apr 2, 2025

I am sorry to hear of your misdiagnosis. If you learned of the misdiagnosis within the last year, you may be able to file a malpractice lawsuit to recover for your damages against the provider/hospital. The value of your case depends on many factors, such as how far the cancer has progressed, the... View More

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3 Answers | Asked in Probate, Family Law, Social Security and Public Benefits for California on
Q: Can I be appointed executor of my ex-spouse's estate in California?

I'm wondering if my sons can appoint me as the executor of their father's estate, my ex-spouse, who died intestate. I was his Power of Attorney and Health Representative and handled all his affairs as best as I could while he was alive. Unfortunately, he died from complications before we... View More

Howard E. Kane
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Howard E. Kane
answered on Mar 28, 2025

Your sons have priority to act as administrator per the priority schedule listed in the probate code.

However, your sons can nominate you to be the administrator of your ex-husband's intestate probate estate. Typically the nominations (non-judicial council form) are attached to the...
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1 Answer | Asked in Public Benefits and Criminal Law for Nebraska on
Q: How can we obtain Medicaid and assistance in Nebraska despite a criminal record?

My brother, Darrin Healey, who suffers from congestive heart failure and stage 2 kidney disease, is struggling to get Medicaid, food stamps, or any assistance from the state due to his criminal record. He had high blood pressure and couldn't afford the medication, and we received no help from... View More

Julie Fowler
Julie Fowler
answered on Mar 27, 2025

Unlike many western nations, there is no right to universal health care in the United States. You don't have a right to basic health care in the US. Besides emergency life-saving services, if you can't afford health care or necessary medications, you don't have right to those... View More

1 Answer | Asked in Personal Injury, Landlord - Tenant, Consumer Law and Public Benefits for Maryland on
Q: Seeking help to recover towed car, tow bill over $3000, in Maryland after assault incident.

I am homeless and was sleeping in my car parked at a hotel in Edgewood, Harford County, Maryland. I was assaulted and taken to the hospital, and during that time, my car was towed without my knowledge. The towing bill is now over $3000. I've contacted the police and have a police report... View More

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Mar 24, 2025

That sounds like a very challenging situation. Unfortunately a tow company often has the legal right to charge per day fees for vehicles they legally tow, even though on a personal level such fees may work a significant financial hardship.

You might consider reaching out to the Maryland...
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2 Answers | Asked in Estate Planning and Public Benefits for California on
Q: How to inherit from a trust while maintaining government benefits in CA?

As a beneficiary of a trust, I am currently receiving assistance from government programs (SSDI/SSI, Medicare A & B, CalFresh, and Section 8) in California. I want to understand the best way to collect my inheritance while maintaining my services. The trust includes mentions of government... View More

Julie King
Julie King
answered on Mar 16, 2025

It is difficult for a lawyer to answer questions without having all the facts of a situation, but it sounds like a Special Needs Trust ("SNT") may be the best option for you. The purpose of SNTs is to provide funds to someone receiving government benefits without disqualifying them from... View More

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2 Answers | Asked in Health Care Law, Public Benefits and Personal Injury for New York on
Q: How to resolve medical and insurance issues with NYC CARE and Medicaid?

I have NYC CARE and emergency Medicaid based on legal advice. My primary doctor tells me to go to the emergency room for my symptoms, but the emergency room directs me back to the primary doctor. This cycle has been ongoing since 2019, and I'm dealing with a pseudomeningocele that prevents me... View More

Stephen Bilkis
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answered on Mar 11, 2025

I’m sorry to hear about the challenging situation you're facing. It sounds like you're dealing with significant medical issues and difficulties navigating the healthcare system. In New York, there are several steps you can take to address the cycle between your primary doctor and the... View More

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1 Answer | Asked in Car Accidents, Workers' Compensation and Public Benefits for South Carolina on
Q: Am I eligible for partial disability after a car accident in SC?

I was in a car wreck in October 2024, in which I was at fault, and I sustained severe injuries including a broken femur, back, ribs, jaw, and a brain bleed. I underwent surgeries for these injuries and have been in rehab for my thigh. Post-accident, I have been advised not to lift more than 25 lbs,... View More

Carole Jean Hayes
Carole Jean Hayes
answered on Mar 10, 2025

You can apply for SSD. It matters not hurt. You cannot use an attorney the first time you apply. If you get turned down, you have 90 days within which to apply for what is called reconsideration. At that point, you can get an attorney. I do wish you the best.

2 Answers | Asked in Real Estate Law, Estate Planning and Public Benefits for Virginia on
Q: Remove my name from house deed with mortgage in VA

I want to remove my name from the house deed, which is currently owned jointly with my husband. We have a mortgage of about $200,000. I need to remove my name to qualify for medical benefits, and we're considering transferring my share of ownership entirely to my husband. Currently, I am... View More

Richard Sternberg
Richard Sternberg
answered on Mar 7, 2025

Before you do this, I suggest you consult with a Virginia lawyer familiar with Elder Care law. If the medical benefits you need are Medicaid, I do not believe your title in the house counts as part of your assets. If someone is asking you to surrender your half of title in a Falls Church home so... View More

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