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I am currently involved in a workers' compensation claim in Pennsylvania and have been asked to sign a release allowing access to my Medicare and SSDI information. I'm concerned about how this information will be used. Do I legally have to sign this release for my workers' comp provider?

answered on Apr 24, 2025
You do not have to sign any authorizations or releases for the workers' compensation carrier. The only time I would even consider allowing a client to sign an authorization for Medicare and SSDI information would be during settlement negotiations if my client was Medicare eligible to obtain... View More
I believe there is a potential medical malpractice case involving an elderly, disabled cancer patient who was hospitalized on April 14th at Memorial Sloan Kettering Cancer Center in Manhattan. The patient, aged 78 and diabetic, is on Medicare and Medicaid. She is facing life-threatening... View More

answered on Apr 23, 2025
I'm sorry for your friend's situation. Based on the quality and detail of your post, you probably don't need anyone to tell you that this has the makings of a difficult and complex case, given the patient's age, existing conditions, and involvement of multiple medical... View More
I was fired from my job in California for using drugs on the job, which was a one-time incident. Although I was aware of the company's drug policy, I applied for unemployment benefits but was denied because my work did not meet the employer's standards. I had the opportunity to explain... View More

answered on Apr 20, 2025
If you didn't meet your employer's standards with work performance, it's not clear what your drug use had to do with this. UI won't generally be denied for poor work alone, unless it's egregious. If you were fired for violating the drug use policy, that's likely... View More
Is 42 U.S.C. Section 1983 applicable for a claim of punitive damages if a doctor denied a referral covered by Medicare and enabled fraudulent Medicare charges by a hospice, misrepresenting my health status as terminal and causing me to lose access to normal healthcare?

answered on Apr 16, 2025
Section 1983 does not apply to private actors. The individuals such as your doctors unless they are acting under color of state or federal law. This means they must be exercising government (state) power or acting on behalf of the state when the violation of rights occurs. If the doctor is working... View More
In July 2020, I was arrested for unknowingly purchasing a stolen car (10851 VC). A warrant was issued in November 2020, but I never received any notice about it. When I went to court in July, no charges were filed against me. I have confirmed that the warrant is still active, but due to financial... View More

answered on Apr 15, 2025
First, I recommend contacting the court that issued the warrant or the relevant law enforcement agency to confirm its status and gather details about the process for resolution. This step is critical to prevent an unexpected arrest and to clarify why the warrant remains active, particularly since... View More
In Texas, my sibling presented a notarized Power of Attorney, reportedly signed by our mother, who was under Medicaid and in poor health. This was done without involving other siblings or reaching an open, written agreement. Our mother had suffered a severe fall due to an incident with an American... View More

answered on Apr 14, 2025
To successfully challenge the use of a POA before your mother's death, you will need to prove that, at the time she signed the POA, she was mentally incompetent to do so, she was under duress (someone threatened her with bodily harm),or it was obtained by fraud (she reasonably believed she was... View More
I divorced in 2009 and was awarded periodic alimony of $800 per month. Later, my ex-husband took a pension buyout, and we both received a portion. He stopped paying alimony, and I mistakenly believed the obligation ended with the buyout. I remarried in 2017, divorced a year later, and recently... View More

answered on Apr 13, 2025
Yes, you may be able to reinstate or enforce alimony if your ex-husband stopped paying without a court order modifying the obligation. The pension buyout alone does not terminate court-ordered alimony. However, your 2017 remarriage likely ended future alimony. You may still pursue arrears from... View More
I divorced in 2009 and was awarded periodic alimony of $800 per month. Later, my ex-husband took a pension buyout, and we both received a portion. He stopped paying alimony, and I mistakenly believed the obligation ended with the buyout. I remarried in 2017, divorced a year later, and recently... View More

answered on Apr 13, 2025
Was the award of permanent periodic alimony after trial or was per a Marital Settlement Agreement? If it was an MSA it would depend on the wording whether your remarriage ended your entitlement to receive the alimony beyond the date of your remarriage.
I'm currently on disability benefits until July, after which they will end. My company doesn't offer long-term disability (LTD), and I'm currently on unpaid medical leave. What are my options to secure income or additional benefits once my current disability benefits expire?

answered on Apr 8, 2025
if you have not sought them, you have disability benefits under the California State Disability Insurance administered by the EDD. If that is what you are presently receiving, your only other possible recovery would be through Social Security Disability Insurance, which is much harder to get, and... View More
I have a jury trial scheduled for April 7th in Forsyth County, Georgia, regarding 9 counts of theft by taking related to stealing lottery tickets due to my severe gambling addiction. I feel remorseful and want to apologize to my employer. I've applied for indigent defense but was denied due to... View More

answered on Apr 6, 2025
Forsyth is rather strict with some of their interpretations and do not pull punches with prosecutions.
You need to re-apply for indigent defense and document the process thoroughly
There are also a variety of legal service providers for different income levels, and you would be... View More
Last week, a doctor assigned by SSI informed me that I was diagnosed with colon cancer back in 2021, according to my medical records, but I was never informed about this diagnosis. I have documents verifying the diagnosis, which the SSI doctor recently explained to me. This was shocking, as I had... View More

answered on Apr 3, 2025
As with any case, there is a statute of limitations concern, and with medical malpractice claims that statute can be arguable, a knew-or-should-have-known test. However, your case sounds as if it warrants investigation as a 'delayed diagnosis' case, and this type of scenario is most... View More
Last week, a doctor assigned by SSI informed me that I was diagnosed with colon cancer back in 2021, according to my medical records, but I was never informed about this diagnosis. I have documents verifying the diagnosis, which the SSI doctor recently explained to me. This was shocking, as I had... View More

answered on Apr 2, 2025
If you have been injured as a result, you may have a claim. Injury will mean your condition progressed from treatable to not treatable, or that the nature of treatment has changed and will leave you in a substantially worse position than if treatment had been provided in 2021. Ordinarily, your... View More
Last week, a doctor assigned by SSI informed me that I was diagnosed with colon cancer back in 2021, according to my medical records, but I was never informed about this diagnosis. I have documents verifying the diagnosis, which the SSI doctor recently explained to me. This was shocking, as I had... View More

answered on Apr 2, 2025
I am sorry to hear of your misdiagnosis. If you learned of the misdiagnosis within the last year, you may be able to file a malpractice lawsuit to recover for your damages against the provider/hospital. The value of your case depends on many factors, such as how far the cancer has progressed, the... View More
I'm wondering if my sons can appoint me as the executor of their father's estate, my ex-spouse, who died intestate. I was his Power of Attorney and Health Representative and handled all his affairs as best as I could while he was alive. Unfortunately, he died from complications before we... View More

answered on Mar 28, 2025
Your sons have priority to act as administrator per the priority schedule listed in the probate code.
However, your sons can nominate you to be the administrator of your ex-husband's intestate probate estate. Typically the nominations (non-judicial council form) are attached to the... View More
My brother, Darrin Healey, who suffers from congestive heart failure and stage 2 kidney disease, is struggling to get Medicaid, food stamps, or any assistance from the state due to his criminal record. He had high blood pressure and couldn't afford the medication, and we received no help from... View More

answered on Mar 27, 2025
Unlike many western nations, there is no right to universal health care in the United States. You don't have a right to basic health care in the US. Besides emergency life-saving services, if you can't afford health care or necessary medications, you don't have right to those... View More
I am homeless and was sleeping in my car parked at a hotel in Edgewood, Harford County, Maryland. I was assaulted and taken to the hospital, and during that time, my car was towed without my knowledge. The towing bill is now over $3000. I've contacted the police and have a police report... View More

answered on Mar 24, 2025
That sounds like a very challenging situation. Unfortunately a tow company often has the legal right to charge per day fees for vehicles they legally tow, even though on a personal level such fees may work a significant financial hardship.
You might consider reaching out to the Maryland... View More
As a beneficiary of a trust, I am currently receiving assistance from government programs (SSDI/SSI, Medicare A & B, CalFresh, and Section 8) in California. I want to understand the best way to collect my inheritance while maintaining my services. The trust includes mentions of government... View More

answered on Mar 16, 2025
It is difficult for a lawyer to answer questions without having all the facts of a situation, but it sounds like a Special Needs Trust ("SNT") may be the best option for you. The purpose of SNTs is to provide funds to someone receiving government benefits without disqualifying them from... View More
I have NYC CARE and emergency Medicaid based on legal advice. My primary doctor tells me to go to the emergency room for my symptoms, but the emergency room directs me back to the primary doctor. This cycle has been ongoing since 2019, and I'm dealing with a pseudomeningocele that prevents me... View More

answered on Mar 11, 2025
I’m sorry to hear about the challenging situation you're facing. It sounds like you're dealing with significant medical issues and difficulties navigating the healthcare system. In New York, there are several steps you can take to address the cycle between your primary doctor and the... View More
I was in a car wreck in October 2024, in which I was at fault, and I sustained severe injuries including a broken femur, back, ribs, jaw, and a brain bleed. I underwent surgeries for these injuries and have been in rehab for my thigh. Post-accident, I have been advised not to lift more than 25 lbs,... View More

answered on Mar 10, 2025
You can apply for SSD. It matters not hurt. You cannot use an attorney the first time you apply. If you get turned down, you have 90 days within which to apply for what is called reconsideration. At that point, you can get an attorney. I do wish you the best.
I want to remove my name from the house deed, which is currently owned jointly with my husband. We have a mortgage of about $200,000. I need to remove my name to qualify for medical benefits, and we're considering transferring my share of ownership entirely to my husband. Currently, I am... View More

answered on Mar 7, 2025
Before you do this, I suggest you consult with a Virginia lawyer familiar with Elder Care law. If the medical benefits you need are Medicaid, I do not believe your title in the house counts as part of your assets. If someone is asking you to surrender your half of title in a Falls Church home so... View More
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