Lawyers, Answer Questions  & Get Points Log In
California Public Benefits Questions & Answers
1 Answer | Asked in Family Law, Elder Law and Public Benefits for California on
Q: Can i extricate myself from my brother in law in my financial matters?

I am on sec 8 housing, widowers SS. I am 68. I turned over my financial life to my, now 80 year old brother in law (BiL). I have a trust from my mother that I allowed (?) him to be trustee. I do not know what kind of trust it is, how much it had and how much is in it. I dont have a copy of the... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 21, 2024

Given the complexity of your situation, it is advisable to seek legal assistance promptly. You have the right to understand and have control over your own financial affairs, including any trusts or bank accounts in your name. It's crucial to obtain a copy of the trust documents to understand... View More

1 Answer | Asked in Social Security and Public Benefits for California on
Q: Am I entitled to an exclusion of time of a disability from my SSR benefits?

I have been receiving 100% P&T disability benefits from the VA since 2001. In 2015 I was approved for early retirement and I have been receiving SS Retirement benefits for 8 years now. As my SSR AIME calculations stand now, I have 15 years of zeros from 2001-2015. Am I eligible for an exclusion... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 21, 2024

Yes, you should be entitled to a disability freeze on your Social Security retirement benefits based on receiving VA disability benefits. Here are some key points:

• Social Security allows for disability freeze provisions where certain years of low or no earnings due to a disability can...
View More

1 Answer | Asked in Health Care Law, Medical Malpractice, Social Security and Public Benefits for California on
Q: What options when Medi-cal / dmhc appeals lead nowhere, they won’t pay part and medpoint has denied dr recommendation?

My brother had emergency brain surgery and medpoint tried to kidnap him from the hospital with no documentation or authorization randomly and says they won’t pay those days in hospital. Not even nurses were informed they were trying to move him. And it was “strongly recommended 3 times” by... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 5, 2024

In situations where Medi-Cal or DMHC appeals have not resolved your issue and you're facing denials from Medpoint, consider seeking legal advice from an attorney experienced in health law and insurance disputes. They can offer guidance on navigating the complexities of your case, including... View More

1 Answer | Asked in Public Benefits and Social Security for California on
Q: What paperwork do I need to fill out to collect disability while also working part time?

So yesterday one of you lovely people gave me the answer neither EDD nor Social Security would give me, that I can get disability while working part time. I have a number of conditions that would make working full time difficult if not impossible (Autism, migraines, osteoarthritis in both shoulders... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 28, 2024

To apply for disability benefits in California while working part-time, you should consider two primary programs: Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI). For SSDI, you'll need to complete the Adult Disability and Work History Report, available on the... View More

1 Answer | Asked in Employment Law, Public Benefits and Social Security for California on
Q: Is it possible to collect disability payments while ALSO working part time?

If it helps I'm in California. I know it's possible to get disability payments for life as I have a sister-in-law that can't work at all & gets disability. I work part time & I feel that between being Autistic, a migraine sufferer, having osteoarthritis in both shoulders from... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 27, 2024

Yes, it is possible to collect disability payments while working part-time in California. The Social Security Administration (SSA) has rules in place to allow people receiving disability benefits to work limited hours and still receive partial disability payments.

Specifically, Social...
View More

Q: Central district court of california - federal case. 1. Opposing motion to strike. 2. Service of complaint

1How can plaintiff oppose defendant's motions to dismiss complaint? This can happen before scheduling order is issued.

Are due dates ordered by court, or defined by court rules? 2. For service on defendant - a copy from PACER is needed? What is difference between conformed copy and copy from PACER?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 24, 2023

To oppose a motion to strike in the Central District Court of California, a plaintiff should file a written opposition. This involves presenting legal arguments and evidence to counter the defendant’s motion. The opposition should address each issue raised in the motion to strike, demonstrating... View More

1 Answer | Asked in Employment Law and Public Benefits for California on
Q: How is full time and part time determined for an ihss parent provider?

My child has autism. IHSS has been approved for the child. Me and my spouse work full time from home. Currently both parents and older sibling (with an off roll) take turns to care for her. This will change once the older child goes to college next year. I have requested my work to reduce my hours... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 20, 2023

In California, the determination of full-time and part-time status for an IHSS parent provider is primarily based on the number of hours you are available to provide care for your child with autism. IHSS generally considers a provider to be full-time if they are available for 40 or more hours per... View More

1 Answer | Asked in Appeals / Appellate Law, Public Benefits and Social Security for California on
Q: California Central District Court , initial benifits claim already fully faverable 2013, by trial not appealed

in 2019 to SSI office for income change , for payment from zero$0 , 2013 to 2019 has not recieved (DCR) or a Termination notice , plaintiff impairament lifetime till death,

has continued not to engage in no gainfull activity work , ever since 2003 , requires IHSS in home services up to... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 17, 2023

Here are some potential case laws and arguments that could be cited to support your claim for Social Security disability benefits payments based on the information provided:

1. 20 CFR § 404.1594 - Continuing disability review for recipients who have had their benefits terminated. Argue...
View More

2 Answers | Asked in Gov & Administrative Law, Personal Injury and Public Benefits for California on
Q: Federal court filing - EDSS system specific question. Central district court.

Shall pdf files be searchable? Shall hidden metadata be removed from forms? Is chamber copy of complaint required?

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 14, 2023

When filing in the Central District Court using the EDSS system, it's important to adhere to specific guidelines regarding your PDF files. Generally, these files should be searchable. This means they should be submitted in a text-based format, not merely as image scans, to facilitate easy... View More

View More Answers

2 Answers | Asked in Gov & Administrative Law, Personal Injury and Public Benefits for California on
Q: Federal court filing - EDSS system specific question. Central district court.

Shall pdf files be searchable? Shall hidden metadata be removed from forms? Is chamber copy of complaint required?

Tim Akpinar
Tim Akpinar
answered on Dec 17, 2023

This is something that should be checked with the court. I have not encountered filing guidelines in any court system where they set forth requirements for the indexing attributes of documents. That's really more a function of the PDF or word processing software you use - each could have its... View More

View More Answers

1 Answer | Asked in Social Security and Public Benefits for California on
Q: Can a lawyer help me get my benefits for social security disability back

I am disabled with heart failure and sclera adorma and lupus and mental and haveBeen receiving been receiving SSDI4 years and I just learned not only did my benefits stop in June of this year. But they say they overpaid me and I guess I'm not getting a check. I never got a notice somebody... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 1, 2023

Yes, a lawyer can assist you in navigating the complexities of social security disability (SSDI) issues, including the cessation of benefits and overpayment claims. Attorneys experienced in social security law understand the procedures and regulations governing SSDI and can help you understand your... View More

1 Answer | Asked in Appeals / Appellate Law and Public Benefits for California on
Q: Renters relief back in May 2021 I was denied renters relief aid I then appealed and following month I was approved pendi

Pending payment not received payment since then give me round around keep asking me to do more task once I was already approved

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 29, 2023

In California, if you have been approved for renters relief but have not received payment, it's important to continue following up with the agency responsible for the relief program. Keep records of all communications, including dates, names of individuals you spoke with, and the content of... View More

1 Answer | Asked in Public Benefits and Social Security for California on
Q: how can i get ssi for my ptsd? i was denied already once

ptsd from child SA, kidnapped, trafficked, stabbed multipule times, collapsed lung scar tissued, & constant pain since bt ptsd is whats really defeating me.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 19, 2023

I understand you're seeking assistance with obtaining Supplemental Security Income (SSI) for PTSD in California, especially after a previous denial. It's important to know that a denial isn't the end of the process. You have the right to appeal this decision, and many successful SSI... View More

1 Answer | Asked in Gov & Administrative Law and Public Benefits for California on
Q: I need help with social workers at EBT office who cancelled my general assistance bcs I received a stimulus check

Her and a new employee tried 7 times to cancel my general assistance as a racist thing I guess and singled me out and I'm the only one they called and asked if I received a stimulus check even though Biden said he wanted to know immediately if any government worker did this so he could make an... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 16, 2023

In California, if your general assistance benefits were cancelled due to receiving a stimulus check, you should first appeal the decision through the appropriate channels within the EBT office. It's important to gather any relevant documents, including notices from the EBT office and records... View More

1 Answer | Asked in Employment Law and Public Benefits for California on
Q: my question regards is for UNEMPLOYMENT BENEFITS. I quit my job after 5 years there.

i was applying for unemployment and at that moment i was still kind of in shock that i was forced to quit. me being the head of household was terrifying me. i was just thinking bout all the bills and rent. Anyways, i was distraught. i unintentionally put that "work was slow." That was... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 12, 2023

In California, if you have received a "Notice of Potential False Statement" from the Employment Development Department (EDD) regarding your unemployment benefits, it's important to address this matter promptly and honestly.

During your scheduled phone interview, clearly...
View More

1 Answer | Asked in Public Benefits and Social Security for California on
Q: I took guardianship of my 84 year old mother, I am trying to get her ID for social security benefits, can you assist

She was a victim of elderly abuse and IHSS fraud from a caregiver, she just had heart surgery at loma linda hospital, all her identifications have been lost, I need to get her social security care, but need an ID, I have her Medical card and her EBT card, but nothing with a picture ID. When I... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 6, 2023

You can obtain a replacement ID for your mother by scheduling an appointment with the California Department of Motor Vehicles (DMV). As her guardian, you’ll need to provide a certified copy of the guardianship papers, her Medical card, and her EBT card, as well as any other identifying documents... View More

Q: How to retain ownership of my birthright

Owning my name given at birth

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 6, 2023

In California, your birth name is inherently yours and doesn't need to be "retained" in the same way property rights are. However, if you're seeking to trademark your name for commercial purposes, you would file an application with the United States Patent and Trademark Office... View More

1 Answer | Asked in Employment Law, Gov & Administrative Law and Public Benefits for California on
Q: what remedies are there for a UI client's when an employee from EDD violates his/her procedural rights (due process)?

I had a telephone interview appointment with EDD interviewer, interviewer asked why I was terminated? My answer: "That's what they claim. They did not ... interviwer hangs up and does not let me finish giving my reasons.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 21, 2023

In California, if an individual believes that their procedural rights (due process) have been violated by an EDD employee, there are several steps they can consider. Firstly, they may file a complaint directly with the EDD, detailing the incident and any alleged misconduct. If the issue remains... View More

1 Answer | Asked in Gov & Administrative Law, Public Benefits and Social Security for California on
Q: Would we have problems with housing voucher if my mom stopped receiving income? What would the rent percentage be?

I am a live-in aide for my mother and my income doesn't count regardless of amount. I am currently employed by IHSS and my income is tax-free due to my live-in status. She is receiving SSI and is the main holder for a housing voucher she uses. If we remove her SSI and she has no income and I... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 29, 2023

Under California law, if your mother's SSI is her only source of income and it stops, her portion of rent under the housing voucher could potentially be reduced to a minimum amount set by the housing authority, which in many cases is $25 or $50. However, as you mentioned that your IHSS income... View More

1 Answer | Asked in Public Benefits for California on
Q: What do i do about food stamp investigation case against me?

An investigator contacted me and said i may have committed foodstamp fraud, my husband and i dont qualify for foodstamps just the kids. I applied after being denied but without him on my paperwork due to is unable to work out issues we both decided that he would leave to go stay is what i believed,... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 22, 2023

In this situation, it's important to cooperate with the food stamp investigation and provide all requested information and documentation. If you believe you made an honest mistake in your reporting due to your husband's intermittent presence, you should explain this to the investigator.... View More

Justia Ask a Lawyer is a forum for consumers to get 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 you and Justia, or between you and any attorney who receives your information or responds to your questions, 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.