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Georgia Public Benefits Questions & Answers
3 Answers | Asked in Criminal Law, Public Benefits and Employment Law for Georgia on
Q: Facing 9 counts of theft by taking in GA, denied indigent defense due to income despite layoff, need advice.

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

Joshua Schiffer
Joshua Schiffer
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

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1 Answer | Asked in Banking, Federal Crimes, Identity Theft and Public Benefits for Georgia on
Q: This is about a ' Identity Theft ' case.. Ahem.. during the Pandemic, a person's identity was falsely used to acquire ..

Banking institution cards ( credit , debit ) and committed felony theft by way of using stolen identity to steal pandemic unemployment benefits. Suspect arrested , bonded out, yet still haven't had a court date. Has been about 2- 3 years .. is there a time frame for getting this to court?

James L. Arrasmith
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answered on Jun 22, 2024

Given the nature of this question, I'll provide some general information about the legal process for identity theft cases in Georgia, while noting that specific timelines can vary:

1. Statute of limitations: In Georgia, the statute of limitations for most felonies, including identity... View More

1 Answer | Asked in Public Benefits for Georgia on
Q: If the VA has me deemed totally unemployable, can the county stop paying me disability retirement?

I was a deputy sheriff for DeKalb county. I was allowed to medically retire because of my PTSD. As of March, my disability pension stopped because the county says their doctors feel I can come back to work. I have been declared totally unemployable by the Department of Veteran Affairs. I'm... View More

James L. Arrasmith
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answered on Jun 15, 2024

If the VA has declared you totally unemployable due to PTSD, but the county has stopped your disability retirement benefits, you have a few steps you can take. First, gather all relevant documentation, including your VA unemployability determination and any medical records supporting your... View More

1 Answer | Asked in Social Security, Estate Planning, Probate and Public Benefits for Georgia on
Q: Teacher retirement benefits

If the husband dies and leaving the widow the benefits and she dies, who shall the benefits go to?

James L. Arrasmith
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answered on Mar 8, 2024

When a teacher passes away and leaves their retirement benefits to a widow, the next steps regarding the benefits after the widow's death depend on the specific rules of the retirement system. Each retirement system has its own set of policies for the distribution of benefits after the... View More

1 Answer | Asked in Constitutional Law, Family Law, Public Benefits and Real Estate Law for Georgia on
Q: Does my husband have the right to sell or give land despite a prior court agreement?

In 1990, my husband was convicted for selling drugs, and there was a legal situation where they wanted to seize our land. My daughters used $18,000 from their father's Social Security back pay, and I put $15,000 of that towards the land. The highest court in Georgia required my husband to sign... View More

James L. Arrasmith
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answered on Jul 6, 2025

If the highest court in Georgia issued an order requiring your husband to relinquish all rights to the land and remove his name from the deed, that legal mandate should have been enforced. The fact that his name remains on the deed may mean the required steps were never completed or recorded with... View More

2 Answers | Asked in Civil Litigation, Gov & Administrative Law, Public Benefits, White Collar Crime and Criminal Law for Georgia on
Q: How to be removed from a property bond in Moultrie, GA after discovering signer is a flight risk?

I am a 61-year-old handicapped person living on an acre of land in a single-wide home in Colquitt County, Moultrie, GA. I signed a property bond for a girl charged with forgery in the 4th degree, but I have since discovered that she is a flight risk, lied about her address, and openly stated she... View More

Joshua Schiffer
Joshua Schiffer
answered on Jun 20, 2025

Thankfully this is an easy one. Call the Sheriff and tell them you want to come off the bond and they will handle the rest.

You may need to be persistent, but generally the Sheriffs love going and picking people up, and you have a RIGHT to come off the bond.

you shoud not need... View More

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1 Answer | Asked in Public Benefits and Employment Law for Georgia on
Q: Can my pension be reduced due to a calculation error?

I retired last year and began drawing my pension. I recently received notice that there was a calculation error, and my pension is being reduced by $350 per month. I've asked for an explanation but haven't received one yet. Fidelity is the administrator, and John Deere was my company.... View More

James L. Arrasmith
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answered on Jun 12, 2025

Your situation raises significant legal concerns that deserve immediate attention, as pension benefits are contractually protected rights that generally cannot be unilaterally reduced after you've already begun receiving them. The fact that you had multiple calculations run before retiring and... View More

1 Answer | Asked in Employment Law, Cannabis & Marijuana Law and Public Benefits for Georgia on
Q: Can I claim ADA or Georgia law protection and unemployment if suspended from work for medical THC use?

I live in Georgia and have been suspended from my job after a random drug test showed THC. I have a Georgia Low THC medical card for chronic anxiety due to PTSD, which I use instead of opioids. My employer, a participant of a Drug-Free Workplace initiative providing funding, suspended me... View More

James L. Arrasmith
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answered on Jun 12, 2025

Unfortunately, Georgia law provides limited protection for medical marijuana users in the workplace, despite your valid medical card. Georgia's medical marijuana law includes an explicit employer-exemption provision stating that the act will not "require an employer to permit or... View More

1 Answer | Asked in Public Benefits and Contracts for Georgia on
Q: Do I owe my mom's SSI lawyer fees without a contract in Georgia?

I am wondering if I legally owe my mom's lawyer for her SSI disability case. There was no contract or agreement signed between me and the lawyer, and I am not my mother's legal representative or have any obligation towards her finances. She did win her SSI case, and the lawyer mentioned... View More

James L. Arrasmith
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answered on Jun 10, 2025

You don’t owe your mother’s lawyer anything if you never signed a contract or took on responsibility for her legal fees. In Social Security disability cases, attorneys are typically paid directly out of the back pay awarded to the claimant, and the amount is capped—usually at 25% of the... View More

1 Answer | Asked in Civil Rights, Gov & Administrative Law, Identity Theft, Public Benefits and Consumer Law for Georgia on
Q: What can I do if my wallet was taken during an arrest and not returned?

Last Tuesday, I was arrested, and although my license was returned to me, my wallet was not. I've contacted the police department several times regarding my wallet, which contained $48, my kids' and my Social Security cards, and my food stamp card, but I haven't received a response... View More

James L. Arrasmith
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answered on Jun 10, 2025

That sounds incredibly frustrating and upsetting, especially with such personal and important items missing. When you're arrested, anything taken from you is supposed to be logged, secured, and returned once you're released, unless it's being held as evidence. If your wallet wasn’t... View More

3 Answers | Asked in Appeals / Appellate Law, Insurance Bad Faith and Public Benefits for Georgia on
Q: Issues with disability claim against New York Life; need guidance on appeal.

I have been experiencing issues with my disability claim against New York Life. Despite my doctor submitting all the requested documentation, New York Life claims they haven't received it and initially closed my case. When I contacted them, they said the case wasn't closed but required... View More

Tim Akpinar
Tim Akpinar
answered on May 20, 2025

I'm sorry about your ordeal. You could verify the nature of additional complaints with your doctor. That could help you contemplate your next steps. Unfortunately, disability claims can be contentious, and you might ultimately need to think about filing a lawsuit (or similar measures) if the... View More

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3 Answers | Asked in Bankruptcy, Social Security, Public Benefits, Workers' Compensation and Personal Injury for Georgia on
Q: Can we file for bankruptcy on $5,000 credit card debt due to hardship?

I am 74 years old and my husband is 80. We both receive Social Security and have accumulated $5,000 in credit card debt. My husband was recently in a car accident, losing the ability to work and his truck, which he used for recycling to bring in extra income. I have talked to the credit card... View More

Scott F Bocchio
Scott F Bocchio
answered on May 13, 2025

I would carefully reconsider filing for bankruptcy with an unsecured debt balance of only $5,000. There are alternative options you can explore first, such as debt settlement or checking with your creditors to see if they offer any hardship programs.

Call my office 855-254-7841. Ask for... View More

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1 Answer | Asked in Criminal Law, Social Security, Public Benefits and Elder Law for Georgia on
Q: Consideration of mental health in violation of Georgia statute 16-8-18

A friend of mine, who is 45 years old, has documented mental health issues including depression, anxiety, and social anxiety. He is not mentally able to comprehend his thoughts, words, or actions and is currently receiving ongoing outpatient treatment at a mental health facility. His mother is his... View More

James L. Arrasmith
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answered on May 1, 2025

Yes, a judge would likely take your friend's mental health condition into consideration in a case involving Georgia statute 16-8-18.

Georgia law recognizes two distinct legal defenses related to mental health under O.C.G.A. §§ 16-3-2 and 16-3-3. The first defense applies when the... View More

1 Answer | Asked in Employment Law, Public Benefits and Sexual Harassment for Georgia on
Q: Denied unemployment after firing for job abandonment due to harassment

I was recently denied unemployment after being fired for job abandonment. The situation began when I experienced harassment at work, which led to an anxiety attack. I left my workplace to sit in my car, where I cried and considered quitting, and was gone for over an hour. I also wrote a statement... View More

James L. Arrasmith
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answered on Apr 16, 2025

Yes, your situation can still qualify for unemployment benefits in Georgia, even if your employer claims job abandonment. If you were experiencing harassment and suffered an anxiety attack, your actions may be legally interpreted as a response to an unsafe or hostile work environment—not as a... View More

1 Answer | Asked in Collections, Civil Litigation, Social Security and Public Benefits for Georgia on
Q: Summons for credit card debt discrepancy in GA

I received a summons from the state court in McIntosh County, Georgia, concerning a credit card debt from Midland Credit Management, claiming I owe $3,500. According to my records, the Bealls Department Store account's last statement, dated February 4, 2023, shows a balance of $1,828.10.... View More

James L. Arrasmith
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answered on Apr 16, 2025

You’ve been served, so your first step is to file a written Answer with the McIntosh County court by the deadline (usually 30 days from service) or risk a default judgment. In that Answer, deny owing the full $3,500, allege that the balance is incorrect, and demand proof of the original account... View More

1 Answer | Asked in Child Support, Public Benefits and Tax Law for Georgia on
Q: How to direct federal tax offset payments via the Dave Our Children Project?

I already have a child support order in place. How can I get federal tax offset payments or IV-D case payments directed through the Dave Our Children Project? I've had difficulties redirecting these payments.

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answered on Apr 12, 2025

In Georgia, federal tax refund offsets for child support arrears are managed through the Division of Child Support Services (DCSS) under the Federal Tax Offset Program. This program intercepts federal payments, such as tax refunds, from noncustodial parents who owe past-due child support. The... View More

1 Answer | Asked in Social Security and Public Benefits for Georgia on
Q: Online portal issues with SS Disability benefits; should I be concerned?

I'm in the final stages of determining if I meet the non-medical requirements for Social Security Disability benefits, but the online portal isn't displaying my benefits and payment information properly. Earlier today, it couldn't calculate my earnings, but later the message changed... View More

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answered on Apr 2, 2025

Technical difficulties with the Social Security Administration's online portal are common and typically do not adversely impact the substantive review of your disability benefits application. These digital platforms undergo frequent updates and maintenance, which can cause temporary display... View More

1 Answer | Asked in Social Security and Public Benefits for Georgia on
Q: Does a new "Benefits and Payments" section mean my Social Security claim was approved?

I am currently awaiting a decision on my Social Security benefits claim, which has been under review to determine if I still meet the non-medical requirements. Today, I noticed a new section labeled "Benefits and Payments" on my online portal that wasn't there before. Does the... View More

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answered on Apr 1, 2025

The appearance of a new "Benefits and Payments" section on your Social Security portal may be a positive indicator, but it does not definitively confirm that your claim has been approved. While this change often suggests your application is progressing through the system, the Social... View More

1 Answer | Asked in Public Benefits, Family Law and Landlord - Tenant for Georgia on
Q: Legal implications for step-son leaving his mother without support in GA

I'm concerned about a situation involving my step-son's mother, who lives in Georgia and has been denied disability benefits multiple times. My step-son has been providing her with care, transportation to medical appointments, and covering her medical expenses since losing her insurance.... View More

Regina Irene Edwards
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answered on Mar 7, 2025

Unless there is a legal guardianship in place, no one is required to house or care for an adult.

2 Answers | Asked in Bankruptcy, Public Benefits and Social Security for Georgia on
Q: Am I eligible for bankruptcy with $101,000 in federal student loans and limited income?

I am 68 years old, live on social security, and have been diagnosed with stage 3A kidney disease. I owe approximately $101,000 in federal student loans, which I have been paying for 20 years without default. I previously filed for bankruptcy in 2010. Aside from this, my debts include a $15,000 car... View More

Timothy Denison
Timothy Denison
answered on Feb 19, 2025

You should be eligible. Find a bankruptcy attorney who specializes in handling student loan debt. It is difficult to discharge such debt, but not impossible.

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