Public Benefits Questions & Answers by State
- Alabama
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- California
- Colorado
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- District of Columbia
- Florida
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- Illinois
- Indiana
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- Kentucky
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- Massachusetts
- Michigan
- Minnesota
- Mississippi
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- 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
- Utah
- Vermont
- Virginia
- Washington
- West Virginia
- Wisconsin
- Wyoming
Public Benefits Questions & Answers
Q: Can a husband, collecting disability, get an early pension, or lump sum pension, without his wife's signature? NY
1 Answer
| Asked
in
Divorce, Employment Law and Public Benefits
for
New York
on
Answered on Jul 24, 2017
Answered on Jul 24, 2017
Kathryn Hilbush's answer
Is there a divorce pending in either state? If so, this needs to be dealt with in the context of a divorce action. If not, typically the pension plan requires the agreement of the spouse when elections concerning the pension are made. However, if you're the wife, I wouldn't rely on that. No matter which spouse you are, you should discuss this with an experienced family law attorney in your area before taking further action.
Is there a divorce pending in either state? If so, this needs to be dealt with in the context of a divorce action. If not, typically the pension plan requires the agreement of the spouse when elections concerning the pension are made. However, if you're the wife, I wouldn't rely on that. No matter which spouse you are, you should discuss this with an experienced family law attorney in your area before taking further action.
Q: Can you Bill the state if the court asks you to take a unrinalist test 30 miles from where you live .
Louis George Fazzi's answer
The short answer is no. If you are ordered to take a urine test by a court, the court is a function of the county where you reside. The state has nothing to do with it.
The short answer is no. If you are ordered to take a urine test by a court, the court is a function of the county where you reside. The state has nothing to do with it.
Q: If a warrant is issued for the arrest of a person, can I make a citizen's arrest?
Tristan Kenyon Schultz's answer
Citizen arrests in Colorado are allowed in two situations: (1) the perpetrator committed the crime in the alleged crime in the private citizen's IMMEDIATE physical presence or (2) if assistance is requested by a police officer in the officer's immediate physical presence. Failure to meet either of these safe harbors will likely result in criminal charges of assault/battery and/or kidnapping/unlawful detainer.
Citizen arrests in Colorado are allowed in two situations: (1) the perpetrator committed the crime in the alleged crime in the private citizen's IMMEDIATE physical presence or (2) if assistance is requested by a police officer in the officer's immediate physical presence. Failure to meet either of these safe harbors will likely result in criminal charges of assault/battery and/or kidnapping/unlawful detainer.
Q: permanent disability cheque from state fund every 14 days in my hand or every 14 days they mail it out
William John Light's answer
No one can guarantee when the postal service will put a disability check in your hand. If the State Fund offers direct deposit, get it. No waiting for the postman.
No one can guarantee when the postal service will put a disability check in your hand. If the State Fund offers direct deposit, get it. No waiting for the postman.
Q: Creating a Scholarship
Ali Ebrahimzadeh, Esq.'s answer
Why not just donate the money? Are you planning on making this scholarship a yearly one? Have you considered forming a non-profit business entity for this purpose, or perhaps working through the "giving" school to donate the money to them and have them earmark it with your purpose in mind? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards,...
Why not just donate the money? Are you planning on making this scholarship a yearly one? Have you considered forming a non-profit business entity for this purpose, or perhaps working through the "giving" school to donate the money to them and have them earmark it with your purpose in mind? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards,...
Q: How can I get my kids back??
1 Answer
| Asked
in
Child Custody, Civil Rights and Public Benefits
for
New York
on
Answered on Jun 22, 2017
Answered on Jun 22, 2017
Ali Ebrahimzadeh, Esq.'s answer
Who's taking the kids and why? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not...
Who's taking the kids and why? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not...
Q: If my worker's comp case is settled and a check should be coming to me in the mail w/i 30 days, should I be anxious?
1 Answer
| Asked
in
Workers' Compensation and Public Benefits
for
California
on
Answered on Jun 14, 2017
Answered on Jun 14, 2017
Nancy J. Wallace's answer
Don't be anxious. Just keep in mind you save the envelope in which the check comes. Open any envelope from the comp insurance carrier with great care, preserving the post mark showing the date it was mailed. You might have to produce that post-marked envelope for a judge in the coming weeks, so make certain it is readable. If the check is late, check the date on the Order Approving the settlement from the judge, and the date the defense attorney got the order. If the defense...
Don't be anxious. Just keep in mind you save the envelope in which the check comes. Open any envelope from the comp insurance carrier with great care, preserving the post mark showing the date it was mailed. You might have to produce that post-marked envelope for a judge in the coming weeks, so make certain it is readable. If the check is late, check the date on the Order Approving the settlement from the judge, and the date the defense attorney got the order. If the defense...
Q: Hello, do I need a permit to advertise about an event that my non-profit is hosting? We have flyers and other papers
Kathleen M Hyneman's answer
The answer to this question depends upon the county where you will be distributing the flyers. Even though you are not selling anything, the township may deem that handing out the flyers is a form of soliciting contributions, and there are townships that require permits for such an activity.
The answer to this question depends upon the county where you will be distributing the flyers. Even though you are not selling anything, the township may deem that handing out the flyers is a form of soliciting contributions, and there are townships that require permits for such an activity.
Q: If your deceased parent own a house and all you have is a court ordered paternity test to prove relation can you get it
1 Answer
| Asked
in
Family Law, Public Benefits and Probate
for
Michigan
on
Answered on May 30, 2017
Answered on May 30, 2017
Neil Colman's answer
My suggestion is that you hire a probate attorney. While there might be a court ordered paternity test, was there ever an order entered stating he was the biological father? Was there a wife who survived the decedent? Was there a Will? These are the questions which must be answered and that's why you should hire a probate attorney.
My suggestion is that you hire a probate attorney. While there might be a court ordered paternity test, was there ever an order entered stating he was the biological father? Was there a wife who survived the decedent? Was there a Will? These are the questions which must be answered and that's why you should hire a probate attorney.
Q: If my parenral rights were terminated in state of Tennessee is it possible to regain some or all my rights back. I
1 Answer
| Asked
in
Public Benefits, Family Law and Child Custody
for
Tennessee
on
Answered on May 23, 2017
Answered on May 23, 2017
Leonard Robert Grefseng's answer
No legal option, consider approaching the parents and begging for visits. Agree to anything they offer (anything is better than nothing). All you can do at this point is try to have some contact and begin a relationship with the child. If they won't allow it, you have to wait until the child turns 18, and then you can approach the child ( and they grow up fast).
No legal option, consider approaching the parents and begging for visits. Agree to anything they offer (anything is better than nothing). All you can do at this point is try to have some contact and begin a relationship with the child. If they won't allow it, you have to wait until the child turns 18, and then you can approach the child ( and they grow up fast).
Q: How do I find a lawyer who can help write a memorandum of law
Paul Stanko's answer
If legal aid is too busy to help you in time, your only option is to find a lawyer willing to help you at a cost you can afford and in time. You will just have to call around.
If legal aid is too busy to help you in time, your only option is to find a lawyer willing to help you at a cost you can afford and in time. You will just have to call around.
Q: if my sister let me stay for over a month and she on section 8 how long can they evicted me
1 Answer
| Asked
in
Family Law, Small Claims, Landlord - Tenant and Public Benefits
for
Colorado
on
Answered on May 7, 2017
Answered on May 7, 2017
Tristan Kenyon Schultz's answer
This is largely defined by the lease agreement. Section 8 (or a normal lease) generally prevent long-term occupancy by parties not listed on the lease agreement. The term is defined by the lease agreement. For most agreements, this is usually a month or less. That said, a lot is determined by the landlord and how aggressively (if at all) the landlord enforces this term.
This is largely defined by the lease agreement. Section 8 (or a normal lease) generally prevent long-term occupancy by parties not listed on the lease agreement. The term is defined by the lease agreement. For most agreements, this is usually a month or less. That said, a lot is determined by the landlord and how aggressively (if at all) the landlord enforces this term.
Q: My son in jail in Georgia for more than 90 days. When will he be entitled to a bond hearing?
Robbie Levin's answer
All that needs to be done is to file a motion for Bond. If he has been in for over 90 days and his case hasn't been accused, he is entitled to a bond.
All that needs to be done is to file a motion for Bond. If he has been in for over 90 days and his case hasn't been accused, he is entitled to a bond.
Q: In Tennessee are we allowed to use a security deposit of 2800 on one months rent of 990
Leonard Robert Grefseng's answer
Sorry, but the security deposit is just that, a security deposit ( it is not rent). The landlord is generally required to keep it in a separate bank account. If the lease is ending, and you are moving, you can agree to let them keep some of it to cover your past due rent, but I am sure they want to keep the deposit at its current amount, so that means you must pay the monthly rent ( the deposit is not an account that you can draw on from time to time).
Sorry, but the security deposit is just that, a security deposit ( it is not rent). The landlord is generally required to keep it in a separate bank account. If the lease is ending, and you are moving, you can agree to let them keep some of it to cover your past due rent, but I am sure they want to keep the deposit at its current amount, so that means you must pay the monthly rent ( the deposit is not an account that you can draw on from time to time).
Q: I went to a restaurant yesterday and during eating the salad I found a cracked glass.
1 Answer
| Asked
in
Personal Injury, Products Liability and Public Benefits
on
Answered on Apr 23, 2017
Answered on Apr 23, 2017
Robert D. Kreisman's answer
Unless you were injured, I don't see how you could prevail with a lawsuit. Of course, glass is not something you should have in your food, but without damages, an element of negligence, your lawsuit would fail.
Unless you were injured, I don't see how you could prevail with a lawsuit. Of course, glass is not something you should have in your food, but without damages, an element of negligence, your lawsuit would fail.
Q: hello? my section 8 voucher got denied even though i am an eligible non citizen
1 Answer
| Asked
in
Immigration Law, Civil Rights and Public Benefits
for
Washington
on
Answered on Apr 21, 2017
Answered on Apr 21, 2017
Q: What is the California law for contesting results of my son's school's evaluation for a learning disability
Ali Ebrahimzadeh, Esq.'s answer
You can hire your own psychologist to do the evaluation and submit it to the school to object to their decisions. See: http://www.aeesq.com/education-lawyer/education-law/
More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA,...
You can hire your own psychologist to do the evaluation and submit it to the school to object to their decisions. See: http://www.aeesq.com/education-lawyer/education-law/
More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA,...
Q: My daughter got into a fight at school they called the cops but she's only 15 can she go to jail? What can happen to her
Ali Ebrahimzadeh, Esq.'s answer
She can be charged with assault and battery, if applicable. It depends on whether she has any defenses. Juvenile jail time is a possibility with those crimes. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas...
She can be charged with assault and battery, if applicable. It depends on whether she has any defenses. Juvenile jail time is a possibility with those crimes. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas...
Q: If officers respond to a call made by the neighbor of a residence that had loud explosions and smoke exiting the home,
Ali Ebrahimzadeh, Esq.'s answer
Yes potentially, as that sounds like exigent circumstances, which is an exception to the requirement for a warrant. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal...
Yes potentially, as that sounds like exigent circumstances, which is an exception to the requirement for a warrant. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal...
Q: A security guard touched my butt.I ran to car told my husband.He socked guy in face one time.Why is my husband in jail?
2 Answers
| Asked
in
Personal Injury, Public Benefits, Criminal Law and Sexual Harassment
for
California
on
Answered on Mar 17, 2017
Answered on Mar 17, 2017
Ali Ebrahimzadeh, Esq.'s answer
Assault and battery is a crime with a fine and/or jail as a punishment. You can sue the security guard for assault and battery as well, if you do so in a timely manner before the statute of limitations runs out. You might also have a negligent hiring/training/supervision suit against the guard's company. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards,...
Assault and battery is a crime with a fine and/or jail as a punishment. You can sue the security guard for assault and battery as well, if you do so in a timely manner before the statute of limitations runs out. You might also have a negligent hiring/training/supervision suit against the guard's company. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards,...
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