Public Benefits Questions & Answers by State
- Alabama
- Alaska
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- Arkansas
- California
- Colorado
- Connecticut
- Delaware
- District of Columbia
- Florida
- Georgia
- Hawaii
- Idaho
- Illinois
- Indiana
- Iowa
- Kansas
- Kentucky
- Louisiana
- Maine
- Maryland
- Massachusetts
- Michigan
- Minnesota
- Mississippi
- Missouri
- Montana
- Nebraska
- Nevada
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Carolina
- North Dakota
- Ohio
- Oklahoma
- Oregon
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- Puerto Rico
- Rhode Island
- South Carolina
- South Dakota
- Tennessee
- Texas
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- Vermont
- Virginia
- Washington
- West Virginia
- Wisconsin
- Wyoming
Public Benefits Questions & Answers
Q: Can social security benefits be garnished for unpaid out of state (New York) medical bills if a judgment is awarded?
1 Answer
| Asked
in
Public Benefits, Social Security, Collections and Health Care Law
for
Florida
on
Answered on Oct 9, 2018
Answered on Oct 9, 2018
Barry W. Kaufman's answer
Generally, under Florida law, SSI cannot be garnished. However, without knowing why the NY AG sued him and because a state agency is involved, and not a private creditor, the benefits may be able to taken by other means. He should contact his county legal aid office to see if he can get some legal advice there. Ignoring a lawsuit is never a good idea.
Generally, under Florida law, SSI cannot be garnished. However, without knowing why the NY AG sued him and because a state agency is involved, and not a private creditor, the benefits may be able to taken by other means. He should contact his county legal aid office to see if he can get some legal advice there. Ignoring a lawsuit is never a good idea.
Q: How do I amend my child's birth certificate to add her deceased father to it ?
1 Answer
| Asked
in
Family Law, Probate, Public Benefits and Social Security
for
Texas
on
Answered on Oct 8, 2018
Answered on Oct 8, 2018
Robert W. Leonard Jr.'s answer
You can review the information provided at the Texas Department of State Health Services, VItal Statistics division to review the process. Here is the link:
https://dshs.texas.gov/vs/reqproc/amendparentage.shtm
Since you will need a court order, it would be best if you contact a local family law attorney to assist you. You want to make sure it is done properly.
You can review the information provided at the Texas Department of State Health Services, VItal Statistics division to review the process. Here is the link:
https://dshs.texas.gov/vs/reqproc/amendparentage.shtm
Since you will need a court order, it would be best if you contact a local family law attorney to assist you. You want to make sure it is done properly.
Q: Is it possible to obtain a legal license to produce adult pornograpy in Louisville Ky
1 Answer
| Asked
in
Business Law, Civil Litigation, Mergers & Acquisitions and Public Benefits
for
Kentucky
on
Answered on Sep 27, 2018
Answered on Sep 27, 2018
Q: If someone was caught on camera committing a crime and residence was in a different county who signs SW for residence?
Timothy Denison's answer
The judge for the county in which the residence lies should sign the search warrant.
The judge for the county in which the crime was committed should sign the arrest warrant.
The returns would probably be filed in the county in which the warrant was issued, but possibly both counties as well.
The judge for the county in which the residence lies should sign the search warrant.
The judge for the county in which the crime was committed should sign the arrest warrant.
The returns would probably be filed in the county in which the warrant was issued, but possibly both counties as well.
Q: My estranged father died and became ward of the state. What do I do?
1 Answer
| Asked
in
Public Benefits, Estate Planning, Family Law and Probate
for
North Carolina
on
Answered on Sep 19, 2018
Answered on Sep 19, 2018
Sara W. Harrington's answer
If your father was a ward of the state, someone should have been serving as his guardian or social worker. You might want to contact the agency who was taking responsibility for him to find out about the disposition of his remains. Also, if he was a ward of the state, there is probably no estate to administer, but he may have some personal items that the family can claim. The best thing to do is to contact the guardian or agency and go from there.
If your father was a ward of the state, someone should have been serving as his guardian or social worker. You might want to contact the agency who was taking responsibility for him to find out about the disposition of his remains. Also, if he was a ward of the state, there is probably no estate to administer, but he may have some personal items that the family can claim. The best thing to do is to contact the guardian or agency and go from there.
Q: how much publuc assistance entiled . I am a reciepant of pa and settled a lawsuit for the amount of $9300
Timur Akpinar's answer
If this is in regard to benefits received from New York, and the New York City Human Resources Administration Department of Social Services is asserting a lien, it is possible their figure could be subject to negotiation.
If this is in regard to benefits received from New York, and the New York City Human Resources Administration Department of Social Services is asserting a lien, it is possible their figure could be subject to negotiation.
Q: When does the other parent have to provide insurance information, if they say they have coverage?
1 Answer
| Asked
in
Family Law, Child Support, Insurance Bad Faith and Public Benefits
for
Arizona
on
Answered on Aug 31, 2018
Answered on Aug 31, 2018
Peter H. Westby's answer
This is relevant information and you can request it at any time. Since he has ignored your initial request, you can make a formal request to produce. I recommend consulting with a family law attorney to assist you with this process.
This is relevant information and you can request it at any time. Since he has ignored your initial request, you can make a formal request to produce. I recommend consulting with a family law attorney to assist you with this process.
Q: My mother has Alzheimer's disease and she willed her two retirement accounts to me some time ago. When should I send it
1 Answer
| Asked
in
Family Law, Probate and Public Benefits
for
Kentucky
on
Answered on Aug 18, 2018
Answered on Aug 18, 2018
Timothy Denison's answer
You should send it now bc some other documents my need to be executed while she is still alive.
You should send it now bc some other documents my need to be executed while she is still alive.
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
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.
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?
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...
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
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.
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
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.
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
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...
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)?
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...
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
Answered on Jun 5, 2018
Dale S. Gribow's answer
NEED MORE INFO
YOU MAY WANT TO CHANGE DOCTORS AND THEN REPORT THIS DOCTOR TO LAW ENFORCEMENT AND MED BOARD IF YOU HAVE THE EVIDENCE
NEED MORE INFO
YOU MAY WANT TO CHANGE DOCTORS AND THEN REPORT THIS DOCTOR TO LAW ENFORCEMENT AND MED BOARD IF YOU HAVE THE EVIDENCE
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
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.
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 ?
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
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
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: https://www.nolo.com/legal-encyclopedia/defamation-law-made-simple-29718.html
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: https://www.nolo.com/legal-encyclopedia/defamation-law-made-simple-29718.html
Q: I was going 70 in a 55. I’m 18.I have a clean record and I wanted know would my license be revoked and how many points
1 Answer
| Asked
in
Civil Litigation, Gov & Administrative Law, Public Benefits and Traffic Tickets
for
Georgia
on
Answered on May 22, 2018
Answered on May 22, 2018
Forrest Clinton Barbour's answer
2 points. With no driving history, this should not suspend your license.
2 points. With no driving history, this should not suspend your license.
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
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.
The state could certainly criminal prosecute you and yes you would have to pay it back. If charged get yourself a good lawyer.
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