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Public Benefits Questions & Answers
1 Answer | Asked in Elder Law, Health Care Law and Public Benefits for Pennsylvania on
Q: Can family have a say in an elderly person's need to move to a care facility? This person is of-sound mind;

She lives in filth, doesn't eat, can't clean herself and sits and sleeps in her own feces and urine.

Peter N. Munsing
Peter N. Munsing answered on Aug 3, 2021

I would approach an elderlaw attorney who is certified; the area office on aging can be of help.

1 Answer | Asked in Family Law and Public Benefits for California on
Q: Do I have to sign the case # HF06254872? I felt harassed as her lawyer just attached 271 sanctions. I live in Chico.

It is related to CalPers retirement which we signed agreeing to keep my and she keep her pension in a divorce case 11 years ago. I was served by her son in law, but I still did not sign as I do not know what they wants from me except for my signature for??? I just am afraid that she will go... Read more »

Tobie Brina Waxman
Tobie Brina Waxman answered on Jul 30, 2021

As we have no idea what you are talking about and no idea what it is you are being asked to sign it's impossible to respond to this question meaningfully.

1 Answer | Asked in Land Use & Zoning, Public Benefits and Real Estate Law for Illinois on
Q: Does the State of Illinois have to purchase my daughters entire property?

The State has offered to purchase a portion of the property. This would include a majority of the septic field. She has nowhere to replace it. They did not have any compensation for this item listed on their offer. Would that make her property inhabitable and what are her options? Do they have to... Read more »

James G. Ahlberg
James G. Ahlberg answered on Jul 27, 2021

Your daughter needs to make an appointment with an experienced real estate lawyer to discuss this. Make sure she brings to the appointment a copy of the offer the state made.

1 Answer | Asked in Personal Injury and Public Benefits for Texas on
Q: I used trial size Biotin shampoo and conditioner on vacation and my scalp is itchy and burning since, is this a symptom?

Bought travel size biotin shampoo and conditioner for my vacation in California June 18-28th and used over there. My scalp has been itching and burning ever since although I have not used since I returned and am now using my regular shampoo and conditioner I continue to have itchy burning scalp.

Peter N. Munsing
Peter N. Munsing answered on Jul 16, 2021

You would need to talk to a dermatologist, not an attorney.

1 Answer | Asked in Consumer Law, Contracts and Public Benefits for Tennessee on
Q: I was an apprentice for a shop for 3 years and was about to receive my piercing license but the owner and I had a disput

They did not allow me to obtain my license. This was 2011. What do I need to do to obtain my legal license for piercing? I do not want to go through an apprenticeship again since I still hold the knowledge. Hope you can help!

Anthony M. Avery
Anthony M. Avery answered on Jul 13, 2021

You must contact the Regulatory Agency in Nashville that handles such a License. They are the ones that issue the License.

1 Answer | Asked in Public Benefits for West Virginia on
Q: The procedure for filling suit against west Virginia governor Jim justice for ending unemployment benefits early

There is a group of us that are in need of representation in west Virginia to file suit much like Indiana for the reinstatement of unemployment benefits

Peter N. Munsing
Peter N. Munsing answered on Jul 1, 2021

contact the West Virginia State Democratic committee. If any of you are in a district with a state rep or state Senator who is Democratic, see if they can suggest someone.

Q: Can congress form a city in a state by overriding state and local government
Tim Akpinar
Tim Akpinar answered on Jun 26, 2021

This question could be beyond the scope of this forum. Congress does have certain enumerated powers granted under Article I, which include collecting taxes, paying debts, providing for the common defense and general welfare, borrowing on the credit of the United States, regulating commerce, etc.... Read more »

1 Answer | Asked in Contracts, Employment Law and Public Benefits for Maryland on
Q: Employer claiming breach of contract on bogus claims and withholding wages. How do I proceed?

After submitting a two-week notice, my employer claims I have breached my employment contract on largely bogus claims. He has also withheld a previous paycheck. I was given an impossible number of tasks to complete during my final two weeks, and he is claiming not completing these tasks is a breach... Read more »

Peter N. Munsing
Peter N. Munsing answered on Jun 21, 2021

If you are an employee, you can file for unemployment comp alleging a change in work conditions.

As to at will employment--that's what everyone is. He can't withold wages for work done. Take his advice and call a wage-hour attorney,

1 Answer | Asked in Landlord - Tenant and Public Benefits for Maryland on
Q: Can HOA starts making rules for no smoking but specify to start on one building first?

All owners of this building are non smokers. There are smokers in all other buildings. All buildings are stand alone. Thanks.

Peter N. Munsing
Peter N. Munsing answered on Jun 18, 2021

It doesn't make sense but If you are a non smoker the next issue is are you harmed? Courts have a doctrine that they don't look at theoretical , abstract concepts of harm.

However start by asking them why, get as much on the record as far as their reasons. Look at the HOA...
Read more »

1 Answer | Asked in Gov & Administrative Law, Government Contracts and Public Benefits for Tennessee on
Q: So I am a tannate at a local apartment complex and we are getting fined and asked to take down patriotic flags. Thought?

Can they do this? this is the terms of the lease

"1. No signs, notices or advertisements shall be attached to or displayed by Lessee(s) on or about said premises.

2. Nothing shall be placed or kept on the outer sill or on the outside of any window and nothing shall be thrown... Read more »

Peter N. Munsing
Peter N. Munsing answered on Jun 17, 2021

File a protest, and also notify the press, the American legion and the Tennessee Civil Liberties Union.

If enough press is thrown on this, could make them back down.

Note however patriotic would be the American Flag. Signs promoting one candidate or belittling another are not in...
Read more »

1 Answer | Asked in Civil Litigation, Landlord - Tenant, Municipal Law and Public Benefits for Georgia on
Q: What do I do when my HOA acts in an inappropriate manner?

1. HOA pools are defined as public in the department of public health document regarding pools. Public pools are smoke-free. But my HOA refuses to uphold a non-smoking rule.

2. The board member in charge on the grounds has a maintenance company and performed a job for the HOA. Conflict of... Read more »

Randy Bryan Ligh
Randy Bryan Ligh answered on Jun 16, 2021

If the HOA is not policing itself, then you can either vote the Board off and correct it, or you can consult with a HOA attorney in your area, obtain your options and then decide how to proceed from there. If there are other members of the HOA who are like mind with you, then y'all may be... Read more »

4 Answers | Asked in Bankruptcy, Contracts, Workers' Compensation and Public Benefits for California on
Q: I am the vendor in a bankruptcy case and the pay out was to commence on 2021/25/05, and the judge approved my paperwork.

Sent in claims paperwork and it was accepted and the asking of the funds was on the 25th to cover the prior court date asking amount.

Tristan Brown
Tristan Brown answered on Jun 3, 2021

Hello,

Given the information provided, I am unable to determine what information you are seeking. Please provide some additional information if you are seeking an answer or solution on this forum.

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1 Answer | Asked in Public Benefits for California on
Q: Struggling with my spouse. Two kids and I am trying to get government assistance with a full-time gross income of 35K.

I can't afford a unit to live alone due to the prices in our area and is it ok to live with him in our apartment now but as a Single Mom?

Peter N. Munsing
Peter N. Munsing answered on Jun 2, 2021

Contact legal services or Catholic family services. The problem is that the "standard of need" tends to be artificial, and out of date. You need to find out what is available for you in terms of pulbic housing, housing assistance etc.

If you think it stinks, then work with...
Read more »

1 Answer | Asked in Gov & Administrative Law, Public Benefits and Criminal Law for South Carolina on
Q: A convicted felon have a saw off shotgun and kill a man with the saw off shotgun what are the state charges
Jonathan Edmond Bennett Lewis
Jonathan Edmond Bennett Lewis answered on May 30, 2021

Hello,

The likely charges are as follows:

Murder;

Possession of a Weapon during the Commission of a Violent Crime.

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....
Read more »

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