Public Benefits Questions & Answers by State

Public Benefits Questions & Answers

Q: Can you change your mind the next day and ask the courts if you could remöve your name off the contract?

1 Answer | Asked in Civil Litigation and Public Benefits for Colorado on
Answered on Feb 6, 2019
Donald C Eby's answer
You can file a motion for reconsideration or request the court to reject your stipulated settlement agreement.

Q: Doctor punched my infected kidney & nurse gave me a shot in but cheek which paralyzed me for 3 days after hitting nerve.

2 Answers | Asked in Personal Injury, Medical Malpractice and Public Benefits for California on
Answered on Jan 22, 2019
William John Light's answer
It is highly unlikely that you were "punched" by a doctor in the course of medical treatment, unless you were being uncooperative and a danger to yourself or others. If that actually happened, contact the Medical Board. http://www.mbc.ca.gov/Consumers/Complaints/

If your complaints of "punching" are sustained, a personal injury attorney might be interested in taking your case.

With regard to the shot in the cheek, if your paralysis has resolved, and if that condition was the...

Q: How can I get a lawyer to assist with getting homeowner's insurance to respond after Irma damage and or management?

2 Answers | Asked in Civil Rights, Insurance Defense, Probate and Public Benefits for Florida on
Answered on Jan 7, 2019
David M. Goldman's answer
Consult with a property attorney who deals with hurricane damage.

Q: How to get Driver's License extension when on STEM-OPT pending?

1 Answer | Asked in Immigration Law, Gov & Administrative Law and Public Benefits for Wisconsin on
Answered on Dec 28, 2018
Kevin L Dixler's answer
Some of these issues are best considered before a job or internship is accepted in a less immigrant friendly state like Wisconsin. I strongly recommend an appointment with a competent and experienced immigration attorney to consider all of your options. Good luck.

The above is general information, not legal advice, and 'does not' create an attorney client relationship.

Q: notice to vacate or notice to quit which form is used to file for a court hearing on eviction hearing

1 Answer | Asked in Public Benefits for Missouri on
Answered on Dec 11, 2018
Ronald J. Eisenberg's answer
Two of the most common type of eviction cases are rent and possession and unlawful detainer. They are controlled by different statutes. Without knowing your situation, I have no way to determine what type of suit you could file.

Q: I'm going to be charged with felony wrongfully abstaining public assistance due to not reporting earned income /55000

1 Answer | Asked in Criminal Law and Public Benefits for Minnesota on
Answered on Nov 28, 2018
Thomas C Gallagher's answer
Executed jail time is unlikely for a first-time offender convicted of a low-dollar value theft crime. If it did happen, it would likely be short time. It can help in these cases to pay the money back, though it's best to do that through your attorney. Avoid making any statements or consenting to any search prior to consulting a criminal defense lawyer first. If you think you might qualify, apply for the public defender.

Q: Are their any active red light cameras in the state of New Jersey, if not would that mean it is impossible to be given

1 Answer | Asked in Public Benefits and Car Accidents for New Jersey on
Answered on Nov 18, 2018
H. Scott Aalsberg Esq.'s answer
red light cameras have been outlawed that automatically give you tickets but Amber still exist on red lights which cops can see an issue you a ticket by mail.

Q: Can a city reimburse council members for purchase of concert tickets?

1 Answer | Asked in Traffic Tickets, Gov & Administrative Law, Municipal Law and Public Benefits for Texas on
Answered on Nov 14, 2018
Grant St Julian III's answer
It depends on the totality of the circumstances.

Q: Does the Suffolk County Dept. of Social Services have the right to take money from my SSI? Further discussion is needed

1 Answer | Asked in Civil Litigation, Gov & Administrative Law, Public Benefits and Social Security for New York on
Answered on Oct 30, 2018
Jonathan David Warner's answer
Under some circumstances, the answer is "yes" - but only with respect to child support, income taxes, criminal restitution, or Social Security overpayments. Give them a call and ask them about it - they'll at least be able to let you know to whom the debt is owed. There have been circumstances where I've been able to negotiate a release of the garnishment, based upon a debtor's financial hardship.

Consult with an attorney in your area regarding this matter.

Good luck!

Q: My linen on the bed at hotel was not changed I slept in the bed for two when I realized the sheets were solid.Can I sue?

2 Answers | Asked in Personal Injury, Environmental and Public Benefits for Michigan on
Answered on Oct 23, 2018
Brent T. Geers' answer
You can, of course, sue, but I'm not sure what that will get you. You'd need to prove damages to substantiate a monetary value. Assuming the best-and most likely scenario: this was a housekeeping error, and whomever slept in the bed before you was an ordinary and clean person, I'm not sure what reasonable damages you'd be able to say you incurred.

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 and Collections for Florida on
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.

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
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.

Q: My estranged father died and became ward of the state. What do I do?

1 Answer | Asked in Public Benefits and Probate for North Carolina on
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.

Q: how much publuc assistance entiled . I am a reciepant of pa and settled a lawsuit for the amount of $9300

1 Answer | Asked in Personal Injury and Public Benefits for New York on
Answered on Sep 1, 2018
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.

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 Probate, Public Benefits and Estate Planning for Kentucky on
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.

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
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.

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
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...

Q: Need help figuring out 401k distribution options ( separated from work age 55)?

1 Answer | Asked in Tax Law and Public Benefits for Indiana on
Answered on Jun 9, 2018
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...

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
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

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