Get free answers to your Public Benefits legal questions from lawyers in your area.
Your current state is Virginia
I have been working at my current job in Missouri for over 2.5 years, and my previous manager accommodated my medical needs, including preparing for my upcoming cancer surgery. However, my new manager has not been understanding. Although she allows others to be late without repercussions, she... View More 
answered on Jun 17, 2025
You can certainly quit your job, but it is rather difficult to get benefits if you resign. You must prove that you “quit for good cause attributable to the work or employer.” This is an objective standard, meaning that you must be treated so poorly that anyone would have quit under the... View More
I recently transferred the deed of my mother's house to myself two weeks ago. She may now need to apply for Medicaid for assisted living. There was a payment involved in the transfer. She has not applied for Medicaid before. Will this deed transfer affect her eligibility for Medicaid?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 16, 2025
If you paid fair market value for the house this will not cause your mom to incur a Medicaid uncompensated transfer penalty.
But to the extent that you paid less than fair market value there will be a penalty assessed if she applies for Medicaid within the next five years. If you think... View More
I was injured at my workplace while working full-time, and the company went bankrupt and closed on July 13, 2023. Although I mentioned my injury to a couple of supervisors at that time, I did not formally report it before the company closed. Recently, I discovered through an MRI that I have... View More
answered on Jun 15, 2025
You can because the employer's insurance company presumably isn't bankrupt. However, there are statute of limitations on filing the claim. You should immediately consult with a workers compensation attorney to see if you are still allowed to pursue your claim.
I was married to my ex-husband for 24 years, and our divorce decree does not mention anything about his retirement from the Judson School District. At the time of the divorce, I was dealing with an RA diagnosis and the proceedings, during which I claimed he was abusive. He was supposed to pay house... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 13, 2025
That question is a bit difficult to answer without knowing all the facts as it relates to the Final Decree, Mediation, court proceedings, and what discovery was done.
If the retirement wasn't mentioned anywhere, then you can claim that it was an undisclosed and undivided asset that... View More
I'm on Section 8 in Ashtabula, Ohio, and I've lived in the same place for 9 years. I'm on disability and have a 16-year-old daughter. My landlord informed me via text message that we have 30 days to vacate because he's selling the house. I haven't received an official... View More
answered on Jun 11, 2025
Generally, a landlord cannot evict someone simply because they want to sell the home. However, if you are on a month-to-month lease arrangement, or your lease has expired and you're a holdover tenant, a 30 day notice would be sufficient. There is not enough information here to answer your... View More
I have a divorce and child custody case with a court date on June 16, and I'm seeking assistance in finding a free or low-cost lawyer. I receive financial support through SNAP, which affects my ability to afford an attorney. What options are available for me to find legal representation?
answered on Jun 9, 2025
Other than it being in Louisiana, you do not mention where----my suggestion is sort of the same but there are 3 telephone calls you should make---(1) the organziation which provides legal aid in the parish where this case is located; (2) the local bar association located in the parish where this... View More
My mother passed away, and she had prepared documents with a lawyer to avoid probate. Her will states that her assets, including IRAs, bank accounts, and real estate, are to be split equally between me and my sister. We both agree to the 50/50 split, but we are unsure of what steps to take next or... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 9, 2025
I’m sorry to hear about your mother’s passing. Navigating estate matters can be complex, You mentioned that your mother worked with a lawyer to avoid probate, and there is a will specifying that her assets—including IRAs, bank accounts, and real estate—are to be equally divided between you... View More
My mother passed away, and she had prepared documents with a lawyer to avoid probate. Her will states that her assets, including IRAs, bank accounts, and real estate, are to be split equally between me and my sister. We both agree to the 50/50 split, but we are unsure of what steps to take next or... View More
answered on Jun 9, 2025
Since your mother set up a plan designed to bypass probate, you will need a lawyer to review the estate planning documents, whether it is a trust, transfer on death deed, or other paperwork. Once the review has taken place, you can plan the next steps for finalizing the estate distribution.... View More
I am seeking to connect my family's health issues to my father's radiation exposure during his Navy service (1942–1946), which possibly involved cleanup in Japan. My brother and I have faced cancer diagnoses, supported by medical findings of radiation exposure. Despite attempts to claim... View More
answered on Jun 6, 2025
The VA has strict requirements for proof of presence in Hiroshima or Nagasaki during August 6, 1945–July 1, 1946, which frequently causes denials of claims if records are incomplete or if the veteran served in nearby areas (e.g., on ships supporting the occupation).
You can 1. request... View More
I currently receive SSDI benefits and am expecting an inheritance valued between $10,000 and $11,000. I plan to use the money to catch up on bills and potentially repair my truck. How might this inheritance impact my SSDI benefits, and are there any specific steps I should take to ensure compliance... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 29, 2025
SSDI is NOT needed based (no asset test) so it will not be affected by any inheritance.
If you were receiving SSI, which is needs based, you would need to quickly develop a strategy to spend your inheritance in such a way as to not impact your SSI.
I came to the U.S. from Thailand at the age of 5 as a refugee from the war in Burma, part of the Karen minority group. My family was granted asylum in 2008. My mother, who held all our immigration documents, passed away last year while living with my brother in Arkansas. I attended her funeral but... View More
answered on May 19, 2025
My condolences and sorry you are having this experience.
Since your family was granted asylum in 2008, and you were a minor at the time, there's a good chance you derived citizenship through your mother, If you were under 18 when your mother became a U.S. citizen. It's important... View More
My mom passed away in 2016 in Honolulu, Hawaii, without leaving a will. I need a letter to prove I am her daughter for matters related to her financial property, specifically her employment benefits or assets. No legal proceedings have been initiated for her estate, and I am unsure if there are... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 14, 2025
You need an HI attorney to help you make proper written demands. Recording an Affidavit of Heirship and supplying a death and birth certificates would definitely help. However those kind of assets probably went to her designated beneficiary, and suing the administrators (actually legally... View More
I'm considering legal actions against a hospital after my mother, who has been frequently admitted for kidney and liver failure and is undergoing Methadone treatment for opioid addiction recovery, overdosed on Methadone while hospitalized. The hospital documented the overdose as an... View More
answered on May 13, 2025
If the hospital erred in administering the proper dosage of methadone, that could support a malpractice claim. The value of that claim, if successful, depends on the harm sustained. The harm is not described, so no once can offer any suggestions on whether this is a claim worth pursuing. Your... View More
My mom has dementia, and my sister and I are her successor trustees. Her home is in a revocable trust, and she may need to enter a memory care facility by the end of the summer. We are considering transferring her property from the revocable trust into an irrevocable trust to protect her assets... View More
answered on May 13, 2025
The short answer is that you don't need to do anything because the house is already protected from clawback.
In California, the house is protected from Medi-Cal recovery by being in a trust. It does not have to be an irrevocable trust, it can be in a revocable trust. This is due to... View More
I have a disabled child who requires 24/7 care. The child's mother is deceased, and the father is legally recognized but has been unwilling to take on any responsibility for the child, who he has not been involved with. There is no custody agreement or court order, and the child's... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 19, 2025
I understand how difficult it can be to manage the care of a disabled child, especially when one parent is unwilling to take responsibility. In New York, a legally recognized father has a legal obligation to support his child, regardless of whether he has been actively involved in the child’s... View More
I worked for a company in California for 5 years and was laid off legally. The next day, I took a new job but only worked for 3 hours before leaving and quitting at lunch. I had only filled out a job application and some paperwork about pay and company rules but did not complete an I-9 or W-4. I... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 9, 2025
Hello. They can't legally pay you without them. Complete them and send them back. Yes, you'll report the dollar value of the three hours of work for the week in which the work was performed on your EDD claim form. You might see a slight reduction in that week's benefit to offset the... View More
My father passed away last November, and my estranged brother, who is the executor, claims it will take up to 2 years to pay my father's medical bills. My father was on Medicaid, which typically has a 6-month time limit for payments. The estate is not undergoing probate, and my brother has... View More
answered on May 9, 2025
First, the reason your brother's lawyer is not speaking with you is because the ethics codes prohibit lawyers from giving advice to beneficiaries. You are not the lawyer's client. Plus, there are more ethics regulations on lawyers in estate administration matters than most other areas of... View More
I was involved in a civil lawsuit in California over three years ago regarding a business-related fraud claim, which was closed without prejudice due to my lack of assets at the time. The case never made it to court and there was no judgment. The statute of limitations has now passed. Recently, the... View More
answered on May 9, 2025
Your post is unclear in a few ways, for instance:
You said, "I was involved in a civil lawsuit in California over three years ago"
but, also said: "which was closed without prejudice... due to lack of assets at the time."
AND "The case never made it... View More
I am the widow of an inventor who had numerous utility patents. He passed away unexpectedly at 55, and we were married for 15 years. I was unaware of these patents until eight years after his passing. His patents are licensed, and he told me we would be rich, but I didn't understand what he... View More
answered on May 7, 2025
Whether you are owed royalties depends on the language of any agreement signed by you or by your deceased husband permitting others to use the inventions he patented. If someone is using the patented inventions without permission, what constitutes a fair royalty can be one measure of any damages... View More
I was laid off from my first job in California after working there for five years, where I received my final pay and vacation pay along with the necessary paperwork. The following day, I briefly worked for three hours in a new position at a different company but had to leave due to illness. I did... View More
answered on May 8, 2025
You should report the brief employment as it will probably lead to a minimal reduction in benefits, if any. However, failure to report the work could be considered a false statement and disqualify you from receiving benefits or require you to pay them back.
Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
