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Public Benefits Questions & Answers
1 Answer | Asked in Business Law and Public Benefits for Tennessee on
Q: Would Sonic Drive-in be considered a place where the public congregates?

My local Sonic has no restroom for the public, and even denies access to their employee restrooms to their paying customers

Bennett James Wills
Bennett James Wills answered on Jan 8, 2020

They are not required to provide a public restroom, nor are they required to permit a private person to use an employee bathroom unless several conditions are met pursuant to TCA 68-15-303.

1 Answer | Asked in Gov & Administrative Law and Public Benefits for Tennessee on
Q: Can the state of Arizona put a hold on my TN DL 20+ years later?

In 1997-1998 I received a speeding ticket in Scottsdale AZ while I was attending school . I paid the ticket before graduating and moving back to my home state of CA at the time . Now 20+ years later and a resident of TN for 10+ years the state of AZ has placed a hold on my license in TN and I... Read more »

Anthony M. Avery
Anthony M. Avery answered on Jan 4, 2020

Unless you have a paid in full receipt or a certified copy of the dismissed Citation, you will have to pay AZ, and copy TN DOS with your payment. That is a cheap amount of money to reinstate a TNDL.

1 Answer | Asked in Legal Malpractice, Child Support, Civil Litigation and Public Benefits for Florida on
Q: How do I file a response to a motion from DOR for ridirection of payment?

I received a motion that my very bad attorney said nothing about and that was on the 5th and I went into the hospital for cancer surgury right after. My ex has been fraudulently receiving medicaid benefits while she has been running a lucrative side business and I have the PI reports. I have never... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Dec 25, 2019

Even if your attorney has moved to withdraw, she is still obligated to respond to this motion until her motion is granted. Condition your consent to withdrawal upon your being given sufficient time to find another attorney and for that attorney to respond to the pending motion.

1 Answer | Asked in Public Benefits for Texas on
Q: Section 8 voucher

I believe my housing voucher was wrongfully terminated when looking for a lawyer would that be considered landlord tenant

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Dec 19, 2019

Yes and there are specific real estate/landlord/tenant lawyers that practice in the area of housing assistance so you'll need to narrow your search some.

1 Answer | Asked in Landlord - Tenant, Family Law, Child Custody and Public Benefits for New York on
Q: Can the state of New York or landlord kick someone out of there apartment if they’re in desperate need?

Hello I’m Lucy. The kids next door are 18, 16 & 13 years old, lost there mom and there dad isn’t in the picture but there aunt that lives upstairs and also has 3 kids will soon have custody of them, Which is great but they can’t all live in one apartment and can’t afford a bigger place.... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Dec 12, 2019

The children should qualify for social security and they may also be entitled to public assistance grants. They should check with the department of social services.

1 Answer | Asked in Elder Law and Public Benefits for Oregon on
Q: Funding of trips to take care of elderly aunt

My wife and I recently relocated from Portland to Palm Springs. For the past 4 years my wife has acted as the Power of Attorney for her elderly aunt who has no kids and only a brother and sister who have been unable to care for her. My wife coordinated the placement of her in a care facility as she... Read more »

Theressa Hollis
Theressa Hollis answered on Dec 10, 2019

It's possible that Medicaid will see paying for your travel as a valid expense as long as it benefited your aunt and was not just for a visit. You will also have to check your Power of Attorney to make sure it authorizes you to make this kind of purchase. You would likely benefit from an... Read more »

2 Answers | Asked in Consumer Law, Real Estate Law, Estate Planning and Public Benefits for Maryland on
Q: My father recently passed and had a TIC Property with my stepmother. Who is responsible for mortgage

Property owned TIC by father and stepmother. Father dies. House sells for 600k with 200k Mortgage. Is mortgage responsibility of Entire estate, or is wife solely responsible?

I.e. should we pay mortgage from the 600k and then divide the remainder to my stepmother and my fathers heirs. Or... Read more »

Mark Oakley
Mark Oakley answered on Dec 7, 2019

The mortgage is a lien against the property. It cannot be sold without the mortgage being paid off first out of the sale proceeds. That happens at settlement. Then the net proceeds are split evenly between the two owners of the property: 50% to the estate, 50% to your stepmother

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1 Answer | Asked in Public Benefits for New Mexico on
Q: Is dating between two seventeen-year-old cousin illegal in the state of New Mexico?
Concetto Kirk Di Giacomo
Concetto Kirk Di Giacomo answered on Nov 15, 2019

In New Mexico, "dating" and even marriage between cousins is NOT illegal.

For more information on the topic, see N.M.S.A. 1978 § 30-10-3.

https://law.justia.com/codes/new-mexico/2011/chapter30/article10/section30-10-3/

FYI: This was posted in the New Mexico Section of...
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1 Answer | Asked in Education Law, Municipal Law and Public Benefits for Georgia on
Q: Is is legal for a PTA to auction off spots for cars in a "parent pick up line" ?

In an elementary school the parent pick up line starts to form more than 90 min before the students are released at the end of the day. The line is very long and the PTA has auctioned off the first two spots in the front of the line for the two parents (with the highest bid) to arrive anytime... Read more »

Priscilla T. Upshaw
Priscilla T. Upshaw answered on Nov 8, 2019

I don't hear anything illegal about what you have described. As long as the school's administration approves and there are no safety or traffic laws broken, the PTA can auction off those coveted spots. On the other hand, enforcement may prove interesting!

-The Upshaw Law Firm, (770)...
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1 Answer | Asked in Gov & Administrative Law, Criminal Law and Public Benefits for California on
Q: Hi, EDD has assessed an overpayment and sent me Notice of Overpayment. Will they press criminal charges against me?

Will they charge me with fraud if I agree to pay the overpayment?

Neil Pedersen
Neil Pedersen answered on Oct 30, 2019

It is not likely that criminal charges would be brought if you agree to repay the money. Nonetheless, because criminal charges are possible it would be wise to consult with a criminal defense attorney before approaching the EDD. Good luck to you.

1 Answer | Asked in Constitutional Law, Consumer Law and Public Benefits for Texas on
Q: Should I get a lawyer to help me get me out if a disability program

I'm Tiffany I'm living in midland tx I'm in a disability program that i really want out of and I feel like I'm be here forever I just really want out of this programr should I get a lawyer to help me get out and what kind would I need

Tim Akpinar
Tim Akpinar answered on Oct 25, 2019

A Texas attorney could answer your question best, but it remains open for a week. It's difficult to determine how difficult it would be to get out of the program without knowing about its terms and what conditions or laws govern leaving the program. One option to learn more could be to conduct the... Read more »

1 Answer | Asked in Employment Law and Public Benefits for California on
Q: I've been on disability for health reasons, and my employer fired me. Can I request unemployment while on sdi still?

I read unemployment is viable if I'm ready to work, but I'm still ok disability, so I can't work. I don't know what to do.

Neil Pedersen
Neil Pedersen answered on Oct 25, 2019

No, you cannot get SDI and Unemployment Insurance benefits at the same time. SDI is available if you have a disability that prevents you from working. UI benefits require that you are ready, willing and able to perform full time work and are actively seeking such work.

Good luck to you.

2 Answers | Asked in Employment Discrimination, Employment Law and Public Benefits for Florida on
Q: Hello, I have a question about unemployment benefits in the state of Florida

I was working for a company and I got ill and I was not able to work for two months. My FMLA was exhausted and my short term disability claim was denied. My employer decided to terminate me after the two months. I filed for unemployment and the benefits were denied or the following reason: THE... Read more »

Kevin Sanderson
Kevin Sanderson answered on Oct 22, 2019

This is a hard area and the DEO changes its official and unofficial policies often. I would appeal the decision and attend the telephone hearing. Although at one point DEO tried to change their policy to say if you could not work due to illness you were ineligible, some hearing officers seems to... Read more »

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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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