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Public Benefits Questions & Answers
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....
Read more »

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...
Read more »

1 Answer | Asked in Appeals / Appellate Law and Public Benefits for Minnesota on
Q: After winning my appeal and granted a new trial the district attorney didn't pursue charges am I entitled to compensatio
Charles William Michaels
Charles William Michaels answered on Oct 21, 2020

Ordinarily, NO. But you can pursue that with the State's Attorneys office.

1 Answer | Asked in Criminal Law, Gov & Administrative Law and Public Benefits for Louisiana on
Q: I just want to be certain about this, can you receive snap benefits in Louisiana if you have prior drug convictions?
J. Heath Dillon
J. Heath Dillon answered on Oct 18, 2020

In Louisiana, a person with a felony conviction for drug use/possession is ineligible for SNAP benefits for a period of one year after the completion of any sentence imposed as a result of such conviction.

1 Answer | Asked in Estate Planning, Elder Law, Public Benefits and Social Security for Maryland on
Q: 64, disabled, and on SSI and Medicare/Medicaid. About to inherit about $50,000. How can I avoid losing benefits?

Dad's original will set up a Special Needs Trust with all funds just for me. He later amended the will so funds are immediately disbursed among each of the children. I think I'm in a bind and don't want to lose my only income source as well as my health insurance due to having... Read more »

Mark Oakley
Mark Oakley answered on Oct 7, 2020

You are legally allowed to direct a gift or inheritance into a special needs trust, without receiving it directly yourself. You can have such a trust created when the time comes to receive the inheritance, or if one already exists, you can direct the funds into the existing special needs trust. Not... Read more »

1 Answer | Asked in Family Law, Arbitration / Mediation Law, Child Support and Public Benefits for Michigan on
Q: How do I reopen my case after we both agreed to have it closed because we were living together but aren't anymore?

The father of my 2 children and I had been together for 16 years. Living together for over 10, our eldest is 14. We both agreed to stop child support because it was OUR income/outcome but he recently moved out. He is on the lease/utilities and state grant (DHS), I am unable to provide a forwarding... Read more »

Brent T. Geers
Brent T. Geers answered on Sep 27, 2020

Contact your county's DHS office or Friend of the Court; they will take it from there.

1 Answer | Asked in Estate Planning, Collections and Public Benefits for California on
Q: Would a lien on my brother's inheritance prevent it from being counted as income or asset by SSI and Medicaid?

I'm executor of my father's estate. The funds will be divided among 6 siblings, about $6000 each. One brother is on SSI, SSDI, and Medicaid, in Vermont. If he inherits $6000, he is in danger of losing his Medicaid until he spends $4000. Losing his Medicaid could cost him a lot more than... Read more »

Sally Bergman
Sally Bergman answered on Sep 14, 2020

This is a question that needs to be answered by an attorney licensed in Vermont and familiar with its Medicaid rules and regulations as every state is different. There are likely ways he can spend that amount of money down without interrupting his SSI/MEDICAID benefits and/or can create an ABLE... Read more »

1 Answer | Asked in Employment Law and Public Benefits for California on
Q: I would like to receive the Opinion of the California Supreme Court rendered on July 30, 2020, regarding pensions.

The opinion of the Court resolved the eligibility of former public employees to receive pensions that are based on incomes that include overtime, or increased pay for extra work on the part of the employees. This opinion was rendered on July 30, 2020, and it interpreted legislation that was... Read more »

Neil Pedersen
Neil Pedersen answered on Sep 14, 2020

California Supreme Court opinions are published without charge onto the internet. I think this is the case you seek: https://www.courts.ca.gov/opinions/documents/S247095.PDF

Good luck to you.

1 Answer | Asked in Criminal Law and Public Benefits for Kentucky on
Q: Indicted on Medicaid Fraud in Hardin Co KY

I did not know that I even had Medicaid. Then I receive a notice from the court that I was indicted by the grand jury for fraud in Hardin County. At the time I was going to school to be an RN and was raising 4 children. I am married but the time frame they are stating he was unemployed. I never did... Read more »

Timothy Denison
Timothy Denison answered on Aug 30, 2020

You need to find and hire a competent criminal defense attorney immediately who can help you get out in front of this.

1 Answer | Asked in Appeals / Appellate Law and Public Benefits for Alabama on
Q: What does this mean when there is no period listed as disqualification? Do I need to file an appeal or get a lawyer?

"Discharge for Misconduct: You will be disqualified for the period indicated and the maximum amount of benefits to which you may become entitled after the disqualification period will be reduced."

Also, there was no misconduct on my side. I have the entire termination process... Read more »

Tim Akpinar
Tim Akpinar answered on Aug 27, 2020

An Alabama attorney could best advise, but you await a response for four weeks. From your description, this looks like a matter related to termination and eligibility for unemployment benefits. You could repost and add Employment Law as a category, or you could reach out to Alabama employment... Read more »

1 Answer | Asked in Business Law, Products Liability and Public Benefits for Tennessee on
Q: Can you sell food in Tennessee past the use thru date printed on the package

Or if there are any loopholes that would allow litigation/investigation

Tim Akpinar
Tim Akpinar answered on Aug 21, 2020

A Tennessee attorney could answer best but your question remains open for five weeks. You might look into whether the Tennessee Department of Agriculture or U.S. Food and Drug Administration's Nashville office could offer you input. In terms of litigation, if someone became ill from spoiled... Read more »

1 Answer | Asked in Estate Planning, Real Estate Law, Tax Law and Public Benefits for California on
Q: Can the state/government take a house that was left to me by parents if I've collected welfare?

My parents are planning to make a will but unsure if state/government will be able to seize it after its in my name because ive collected welfare (cash, food stamps, medical)

James Edward Berge
James Edward Berge answered on Aug 18, 2020

No. If you receive Medi-Cal, SSI, TANF, SSDI, VA or IHSS benefits, a house in which you reside is considered a non-countable resource in your benefits determination. If you receive Section 8 housing however, a house will jeopardize those benefits. Food stamps are based on income, not assets,... Read more »

1 Answer | Asked in Civil Rights, Constitutional Law, Municipal Law and Public Benefits for New York on
Q: What are the laws regarding public speaking in a city like NYC?

Can any mass of people congregate in a public park, setup some speakers and listen to an orator speak about politics, for example? Is this protected by the right to peaceful assembly? I'm talking about non-pandemic times, btw. Thanks for any help provided.

Tim Akpinar
Tim Akpinar answered on Aug 8, 2020

This is something that a constitutional law scholar would know best. It sounds like you are touching upon the time, place, manner attributes of the First Amendment. It would be safest to contact agencies or offices within the City of New York to verify these guidelines - it's possible they... Read more »

1 Answer | Asked in Public Benefits and Landlord - Tenant for Virginia on
Q: Do I have the right to take security deposit interest back?

The lease agreement says in Your security deposit will be deposited and held in an interest bearing account in a federally insured banking institution. But the landlord said Virginia law was changed in 2014, removing the requirement that interest accrue on security deposits held by landlords unless... Read more »

F. Paul Maloof
F. Paul Maloof answered on Aug 6, 2020

Since the law states :unless agreed to otherwise" and you reported that you agreed in the lease that the security deposit would be interest bearing, the landlord is bound by the terms of the lease and the law to accrue interest on your security deposit, however, you have no right to demand the... Read more »

1 Answer | Asked in Probate and Public Benefits for Georgia on
Q: My husband was shot in his home about a week ago. We are legally married, but we've been separated for a while now.2kids

So I would like to know we what I should do. Also am I or my children entitled anything? He did not have a will or insurance. I could really use some help and guidance. Thank you

Robert W. Hughes Jr.
Robert W. Hughes Jr. answered on Aug 6, 2020

As his wife, you are entitled to 1/3 of his estate and a year's support. His children are entitled to the remaining 2/3 and if they are under 18, they are entitled to a year's support as well. The separation is a non issue. Find a lawyer specializing in probate law. Because probate law... Read more »

2 Answers | Asked in Civil Rights, Election Law, Gov & Administrative Law and Public Benefits for Florida on
Q: DMV says I need a birth certificate to get photo ID, DOH says I need photo ID for birth certificate. What should I do?

My driver's license is expired. I tried renewing online and was told I needed to show a copy of my birth certificate. I do not have a "valid" copy of a birth certificate. For those who are not aware, the Florida DMV is currently in the same state of collapse as most of their other... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Aug 4, 2020

Are you indicating that you have neither? How old are you?

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1 Answer | Asked in Consumer Law, Collections, Energy, Oil and Gas and Public Benefits for North Carolina on
Q: I am having a problem with the City of Shelby, I've been paying my power bill late but never have I not paid it..

I just want some one to help me go through my power bills to explain to me I am 67 and I think they are taking advantage because I don't read well.

Tim Akpinar
Tim Akpinar answered on Jul 29, 2020

This does not sound like a legal matter that you need to involve an attorney for. Considering the amount of ordinary household utility bills, attorney fees might not be justified. You could see if their customer service department could help explain your bill. If you aren't satisfied, you... Read more »

1 Answer | Asked in Child Custody, Education Law, Family Law and Public Benefits for Colorado on
Q: When I am of legal age in the state of Colorado (18) do my guardians have any control over the location of my education
Sabra M. Janko
Sabra M. Janko answered on Jul 25, 2020

It depends on the nature of the guardianship and what it provides for. Usually those past the age of 18 do not have guardians.

1 Answer | Asked in Public Benefits for California on
Q: Why would it be ok in 1 program to live in a tent as being homeless and not the other program ?
Maurice Mandel II
Maurice Mandel II answered on Jul 9, 2020

It depends on the terms of the programs. More information is needed. Consult the Legal Aid society in Sacramento. If you cannot find a listing, contact the Sacramento Bar Assn.

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