Public Benefits Questions & Answers by State

Public Benefits Questions & Answers

Q: Can a nonprofit in a one state involve lawyers from different states to help, and any other legal issues with my idea?

1 Answer | Asked in Business Formation, Business Law, Public Benefits and Criminal Law for Idaho on
Answered on Aug 3, 2018
Michael Hales' answer
There are going to be a number of ethical issues here for attorneys. For example, there are rules about referral services like this as well as how the attorneys would be paid. Because there are so many issues to discuss, I'd recommend finding an attorney to review this all in detail.

Q: In the state of California can I hold a California DL and a Nevada ID?

1 Answer | Asked in Traffic Tickets and Public Benefits for California on
Answered on Jul 20, 2018
Dale S. Gribow's answer
More information is needed to fully understand the facts and to give an accurate answer

However, you are always best advised to retain a lawyer in case you are charged or arrested. It's also important to not talk about this case to anyone except your attorney. Please remember anything you say can and will be used against you. The problem is that an officer can misunderstand what you said or not write down everything. Often it is what THEY THOUGHT THEY HEARD YOU SAY that hurts you. You...

Q: Can I get a concealed handgun permit in the state of texas if I was charged 3 years ago for a crime which was dismissed

2 Answers | Asked in Criminal Law, Gov & Administrative Law and Public Benefits for Texas on
Answered on Jul 13, 2018
Grant St Julian III's answer
Was the case dismissed after successful completion of deferred adjudication probation, or was it dismissed without any plea being entered? Ask this question to the attorney who represented you on the matter. Good luck.

Q: Required Minimum Distribution (RMD) of IRA?

1 Answer | Asked in Tax Law, Public Benefits, Social Security and White Collar Crime for Missouri on
Answered on Jul 8, 2018
Eric Steven Day's answer
Your required minimum distributions are determined on an annual basis. Therefore, if you took the distribution last year and are trying to include that distribution as part of your required minimum distribution for the following year, it won’t work. There is a different equation that is used when determining the RMD every year. That being said, you can withdraw the amount anytime throughout the year as long as it is the required amount.

Q: I filed a SSD claim. Hired a Lawyer. Lawyer did not get medical records in time. Evidence was not allowed into hearing.

1 Answer | Asked in Gov & Administrative Law, Public Benefits, Legal Malpractice and Social Security for Iowa on
Answered on Jun 21, 2018
Erik Luthens' answer
In any legal malpractice case the primary issues are: (1) whether your attorney breached the standard of care or in other words, did something (or failed to do something) that an attorney in a similar situation would have done; and (2) whether your attorney’s error is a proximate cause of your damages, I.e., was your attorney’s error à substantially contributing factor to the bad result you obtained; and (3) had it not been for your attorney’s error, would you have likely succeeded on...

Q: Need help figuring out 401k distribution options ( separated from work age 55)?

1 Answer | Asked in Tax Law and Public Benefits for Indiana on
Answered on Jun 9, 2018
Eric Steven Day's answer
It just depends on what type of work you are doing now. For instance, if you are working for another company, you might roll it into their 401k plan. If you are in retirement, the IRA might be a good option because you are just waiting on distributions. If you are running your own business, you may consider starting a management company in the form of a C Corporation and sponsoring a solo 401k with that Corporation. This will allow you to contribute much more money and use the capital in...

Q: What if you feel that you are a victim of a practice that was using you medical insurance for profit.

1 Answer | Asked in Insurance Bad Faith, Medical Malpractice, Public Benefits and Personal Injury for California on
Answered on Jun 5, 2018
Dale S. Gribow's answer


Q: Is vigilantism federally illegal or is it up to each state as to whether or not it is legal within the state?

2 Answers | Asked in Criminal Law, Federal Crimes, Gov & Administrative Law and Public Benefits for Texas on
Answered on May 31, 2018
Kiele Linroth Pace's answer
What, like Batman?

You're going to need to be a tad more specific ... at least specific enough to determine whether the question involves a matter of state law, federal law, or both.

Q: How can i change my daughter's last name ? she is almost 3 years old.And how long is taking to get new last name ?

1 Answer | Asked in Family Law and Public Benefits for Maryland on
Answered on May 31, 2018
Alan Solomon's answer
You need to file a petition in court to change her name and provide notice to the father. If he objects ere will be a hearing

Q: Someone wrote a book about my life and crime. It's even titled after me. I didn't consent.

1 Answer | Asked in Copyright, Collections, Constitutional Law and Public Benefits for Arkansas on
Answered on May 28, 2018
John Espinosa's answer
This question doesn't belong in any of these categories. You may have a civil cause of action for defamation. You should consult with a litigation attorney who specializes in defamation. Here is some more information about defamation:

Q: I fraudulently received $3,377.00 in unemployment benefits in the state of New Jersey. Will they criminally prosecute?

2 Answers | Asked in Criminal Law, Insurance Bad Faith and Public Benefits for New Jersey on
Answered on May 21, 2018
H. Scott Aalsberg Esq.'s answer
The state could certainly criminal prosecute you and yes you would have to pay it back. If charged get yourself a good lawyer.

Q: My boyfriend is on a probation hold in Paulding county ga, what can I do?

1 Answer | Asked in Criminal Law and Public Benefits for Georgia on
Answered on May 14, 2018
Robbie Levin's answer
If he was involved in a shooting, while already on probation, your boyfriend should hire an attorney immediately. Not only is he facing probation violations, but he is likely facing new charges as well.

For more information, visit my website at

Q: Can a gas station in the state of tennessee restrict the use of thier public bathroom to "customers only"

1 Answer | Asked in Business Law, Civil Litigation and Public Benefits for Tennessee on
Answered on May 2, 2018
Mr. James Charles Wright's answer
Yes. A gas station in Tennessee can refuse to allow you to use the restroom-- Unless you have a medically certified condition that by state statute would require the gas station to let you use the restroom.

Q: Is it legal for an adult son in Maryland to hold $60,000 of his mother’s money so she can get Public Assistance?

1 Answer | Asked in Family Law and Public Benefits for Maryland on
Answered on Apr 26, 2018
Mark Oakley's answer
It can be grounds for criminal fraud, or conspiracy to defraud, on both the son's and the mother's part. Don't do it.

Q: Do I have to give a 30 day notice to a group home & pay rent if it's not in the rental contract?

1 Answer | Asked in Civil Litigation, Landlord - Tenant and Public Benefits for Ohio on
Answered on Mar 30, 2018
Matthew Williams' answer
Put the money is escrow and prepare for a fight, if you don't want to pay it. The law will generally imply a month-to-month lease if the specifics are not spelled out in the agreement and go from there. That means 30 days notice will usually be included essentially as customary.

Q: How do I get a copy of my grandmother's will apparently I was left something in the will but no one ever told me

1 Answer | Asked in Public Benefits and Probate for Pennsylvania on
Answered on Mar 28, 2018
Michael Drew Raisman's answer
If the will was probated, then you can get a copy at the local Register of Wills. You can also reach out to the executor who has an obligation to notify all heirs that an estate has been opened.

Q: I had an eyebrow tattoo.The esthetician posted pictures of my eyebrows on her Instagram without my consent.

1 Answer | Asked in Consumer Law, Copyright, Business Law, Public Benefits and Communications Law for Virginia on
Answered on Mar 12, 2018
Timothy R Johnson's answer
You may have claims against her for misappropriation of your likeness for commercial purposes. If you want her to stop her conduct immediately and have the pictures removed, you may want to consult an attorney to send her a letter informing her of her privacy infringements and warning that further action will result in her being taken to court.

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