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California Public Benefits Questions & Answers

Q: how do i appeal the state hearing division decision for a rehearing?

In Dec., 2018 i filed a request for hearing on food stamp benefits that were issued to me from 2007-2013 on a EBT card that i never had. Their paperwork confirms my first EBT card was issued in 2014. Their Case Comment Summary from my workers also confirms that no NOA was ever mailed to me through... Read more »

Louis George Fazzi answered on Aug 27, 2019

You should contact the San Mateo County Bar Association and request a referral to a lawyer who can help you with this issue. Make sure you keep all the evidence you have and take it to a lawyer to see if s/he can be of any assistance to you. I advise you to prepare a chronological story of what... Read more »

Q: Awarded full year of back pay from my job over a year & a half ago and still get no answers or explanation.

if there anything I can do to make them honor my Arbitration award for my back pay? They've done others since I've started my process also, but mines for some reason is in limbo.

Neil Pedersen answered on Aug 23, 2019

An arbitration award does not, by itself, mean you get paid if the employer does not voluntarily pay it. You have to take that award and enter it as a judgment in the Superior Court, and then start efforts to collect that judgment. This takes time and money. It would be wise for you to locate an... Read more »

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2 Answers | Asked in Criminal Law, Federal Crimes, Gov & Administrative Law and Public Benefits for California on

Q: Do you have to get drug tested for all 3 years on probation?

For California San Mateo County

Dale S. Gribow answered on Apr 29, 2019

more info needed.

everything is controlled by the judges orders or terms and conditions.

you should pose any questions like this to the lawyer who represented you on the case as s/he will understand the sentence.

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2 Answers | Asked in Personal Injury, Medical Malpractice and Public Benefits for California on

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

This was at a urgent care. Is that medical malpractice and can I file a law suit with the info given?

William John Light answered on Jan 22, 2019

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...
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Q: What if you feel that you are a victim of a practice that was using you medical insurance for profit.

I need to know my right as a victims of crime and understand how to get my medication and I feel the doctors using me as a person who deals with many issues and then we go round and round and find that the doctor is just a crazy doctor who using people for his own profit from the patients. I have... Read more »

Dale S. Gribow answered on Jun 5, 2018

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

2 Answers | Asked in Civil Rights, Personal Injury, Public Benefits and Employment Law for California on

Q: I have a broken disck and applyied for disability the state took it all and no explanation as to why.

After that my job took away my position and benifits and i could not apply again for disability with out ny doctor. That was my only source og income and i need help

Domingo Castillo Jr answered on Feb 16, 2018

More details & info needed. I suggest you look for a workers comp attorney and ask him/her questions then allow him explain what he can do for you.

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1 Answer | Asked in Health Care Law, Elder Law, Public Benefits and Social Security for California on

Q: If my father is under the care of his brother who is not using his disability check correctly

My uncle is using his checks for personal use. I want to take him under my care but I am unable because they will not release information regarding his heath insurance or disability. I am his next of Kin, what steps can I take action in he is currently 6 hours away.

Priscilla Ann Madrid answered on Jan 4, 2018

If you feel that your father is being financially abused by his brother the first step would be to file a report with adult protective services in your area. You may also want to file a petition for appointment of yourself as conservator of the person and estate of your father. Consult with an... Read more »

Q: My ex received welfare and I lived with him at the time. Social Services filed a case against me to be reimbursed.

Over the years I have also received aid from the county. I went to court years ago over this and I don't owe the money. The father never asked for or wanted $ thru the county. I have also gotten married and had a son who is now 18. My husband is now disabled and we are broke and homeless. My mother... Read more »

Louis George Fazzi answered on Aug 23, 2017

You need to file a claim with the California franchise tax board to receive your money back. Gather your evidence together to show that you were not receiving public aid at the time and that any income you had was your own, and that is what you were using to support yourself. If you were married... Read more »

1 Answer | Asked in Public Benefits and Civil Rights for California on

Q: Can you Bill the state if the court asks you to take a unrinalist test 30 miles from where you live .

My fee is 25,000.00/an hour.

And I'm giving the bill to the state.

Louis George Fazzi answered on Jul 23, 2017

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.

1 Answer | Asked in Public Benefits for California on

Q: permanent disability cheque from state fund every 14 days in my hand or every 14 days they mail it out

William John Light answered on Jul 11, 2017

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.

1 Answer | Asked in Public Benefits and Education Law for California on

Q: Creating a Scholarship

Hello! My name is Jennifer and I am a rising senior in high school. Nearing my end of high school, I realized that I wanted to make an impact in my community before I left for college and the way that I thought of was through creating a scholarship for underprivileged elementary and middle school... Read more »

Ali Shahrestani, Esq. answered on Jul 5, 2017

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... Read more »

1 Answer | Asked in Workers' Compensation and Public Benefits for California on

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?

a

Nancy J. Wallace answered on Jun 14, 2017

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,... Read more »

1 Answer | Asked in Education Law and Public Benefits for California on

Q: What is the California law for contesting results of my son's school's evaluation for a learning disability

I'm certain my son has a learning disability, I asked his school to test him but I don't trust that they gave him a correct diagnosis.

I asked to see his tests and they refused me stating that the tests are "proprietary" and to "preserve the dignity of the tests" they are not allowed to... Read more »

Ali Shahrestani, Esq. answered on Apr 14, 2017

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...
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1 Answer | Asked in Public Benefits for California on

Q: If officers respond to a call made by the neighbor of a residence that had loud explosions and smoke exiting the home,

Are officers allowed to search the home with out violating the 4th amendment?

Ali Shahrestani, Esq. answered on Mar 17, 2017

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... Read more »

2 Answers | Asked in Personal Injury, Public Benefits, Criminal Law and Sexual Harassment for California on

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?

This happened in Long Beach few months ago. My husband has absolutely zero criminal record he's a good guy thats clean and works. But now The DA / guard pressed charges and my husband is now serving a full year in jail. They even have him on a level 8 as if he's extremely dangerous.He's being... Read more »

Ali Shahrestani, Esq. answered on Mar 17, 2017

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... Read more »

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1 Answer | Asked in Civil Rights, Gov & Administrative Law and Public Benefits for California on

Q: how do I make the santa barbra county comply with the public access provision of the costal.

the Guadalupe dunes beach has been closed all of 2017. It is closed for unsafe conditions. this condition in my opinion is caused by lack of maintenance of the access and neglect by county roads, county parks, and county flood control. in two and a half months nothing has been done to expedite the... Read more »

Louis George Fazzi answered on Mar 17, 2017

The best advice I can give you is to do a Google search for lawyers with experience regarding public access to California's beaches. I am sure you will find several right in your local area. You can also contact your local county bar association client referral program (e.g. Santa Barbara... Read more »

1 Answer | Asked in Public Benefits, Social Security and Workers' Compensation for California on

Q: What does ssi offer for someone that receives a lump sum so they don't loose there ssi benefits?

Ruben Montoya answered on Mar 9, 2017

Cannot really understand your question. If you are asking what does Social Security Indemnity offer for someone that receives a WC lump sum settlement the answer is nothing. If you want to know how to not lose SSI benefits when receiving a lump sum the answer is the hartman formula which based on... Read more »

1 Answer | Asked in Public Benefits and Health Care Law for California on

Q: If someone enters a drug rehab voluntarily, after they completethe program is there help after treatment?

Ali Shahrestani, Esq. answered on Feb 24, 2017

This sounds like a medical question rather than a legal one. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.

1 Answer | Asked in Family Law and Public Benefits for California on

Q: Need an lawer for my son . On back pay, his father dead. What are how to go about thee Matter?

Ali Shahrestani, Esq. answered on Feb 18, 2017

You may pursue the deceased father's estate for child support arrears. See: http://www.childsup.ca.gov/payments/overduepayments.aspx

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...
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1 Answer | Asked in Civil Rights, Criminal Law, Domestic Violence and Public Benefits for California on

Q: Can a federally funded agency receive police reports & records without consent from subject?

A federally funded agency terminated my housing assistance based on criminal activity. The agency received reports of domestic violence related incidents from a district attorney investigator and police personnel as well as a report regarding a cell phone without me signing forms consenting to the... Read more »

Ali Shahrestani, Esq. answered on Feb 16, 2017

Police reports are public documents over which there are no privacy rights vested in the subject of the reports. 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,... Read more »

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