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Illinois Public Benefits Questions & Answers
2 Answers | Asked in Social Security and Public Benefits for Illinois on
Q: Am I eligible for SSDI after strokes and mental health issues?

I am a 62-year-old male seeking legal guidance regarding my eligibility for Social Security Disability Insurance (SSDI). I became unable to work starting February 12, 2025, due to several serious medical issues. I suffered two strokes: the first on December 30, 2023, and the second on January 17,... View More

Jerry Lutkenhaus
Jerry Lutkenhaus
answered on Jul 11, 2025

At age 62, you can apply for both Early Retirement and Social Security Disability. The Disability is about 20-25% higher than your Early Retirement Social Security.

If your doctors agree that your medical conditions prevent the work you have done for the last 5 years, then you have a good... View More

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1 Answer | Asked in Employment Law and Public Benefits for Illinois on
Q: I’m having a baby in May & I'm wondering if I can collect unemployment while on maternity leave/medical leave.
Cynthia Pietrucha
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answered on Jan 12, 2024

In Illinois, as in many states, unemployment benefits are typically available to individuals who are out of work through no fault of their own and who are ready, willing, and able to work. To collect unemployment benefits, claimants must also be actively seeking employment.

Maternity leave,... View More

1 Answer | Asked in Public Benefits for Illinois on
Q: Would appealing without a lawyer for my QMB benefit be best option

I have had QMB for years and with same asset having same amount. That is not even counted by social security and they now count it as income. I get under $1000 from my SSI and SSDI. They also have the wrong information about my income

James L. Arrasmith
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answered on Dec 8, 2023

Appealing for your Qualified Medicare Beneficiary (QMB) benefits without a lawyer is an option, especially if you're familiar with the process and feel confident in handling it yourself. However, it's important to meticulously prepare your appeal, including gathering all necessary... View More

1 Answer | Asked in Civil Rights, Public Benefits and Gov & Administrative Law for Illinois on
Q: How can I get legal help for documented violations like disability discrimination and SSI enforcement misconduct?

I'm dealing with multiple violations, including disability discrimination and enforcement misconduct related to my SSI income. Despite documentation, I'm facing issues like denial of transcript access and rejection of filings despite having a fee waiver. These actions are causing... View More

James L. Arrasmith
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answered on Jul 15, 2025

You’re going through something incredibly difficult, and it’s not okay that your rights appear to be dismissed or ignored. When you’re dealing with violations involving disability discrimination, due process, and misconduct tied to your SSI income, the law does provide pathways for... View More

1 Answer | Asked in Consumer Law, Social Security and Public Benefits for Illinois on
Q: Cash App hasn't released my SSA funds, how can I resolve this?

I want to sue Cash App because Social Security sent my $873.00 through direct deposit on July 1st, and Cash App hasn't released the money to my account. I talked to Cash App customer support, but haven't got a satisfactory response. Social Security office confirmed twice, once last week... View More

James L. Arrasmith
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answered on Jul 15, 2025

This situation is stressful, especially when you're depending on those funds for daily needs. If the Social Security Administration confirmed twice that the deposit went through on July 1st, then the issue lies entirely with Cash App. You’ve already taken an important step by contacting both... View More

1 Answer | Asked in Public Benefits and Gov & Administrative Law for Illinois on
Q: What should I expect from an unemployment benefit audit regarding overpayment in Illinois?

I received a communication from the unemployment office in Illinois stating that I was overpaid for 4 months. Although the mistake was mine and I was aware of it, I have not yet been asked to repay the overpaid amount. I have been sent an audit instead. What should I expect from the audit process,... View More

James L. Arrasmith
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answered on Jul 6, 2025

During an unemployment benefit audit in Illinois, the Department of Employment Security (IDES) will review your claim history, income records, and any communications or certifications you submitted during the period in question. Since you’ve already acknowledged the overpayment was your error,... View More

1 Answer | Asked in Child Custody, Social Security, Family Law and Public Benefits for Illinois on
Q: Is my child entitled to back payments of SS disability benefits during my custody?

I had custody of my child who receives Social Security disability benefits from June 2023. Despite my custody, the benefits were not paid to me, and I received a letter from Social Security listing a financial institution. They have refused to provide further details. Is my child entitled to back... View More

James L. Arrasmith
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answered on Jul 3, 2025

If your child was living with you starting in June 2023 and you were their primary caregiver, then the Social Security disability benefits your child received during that period should have been directed to the person actually supporting the child—namely, you. The fact that payments were sent... View More

1 Answer | Asked in Public Benefits and Gov & Administrative Law for Illinois on
Q: Can a Decatur, IL shelter withhold SNAP benefits card?

I'm assisting a 57-year-old diabetic client at a homeless shelter in Decatur, IL, where her SNAP benefits card is being withheld. The shelter has stated that residents must eat what is provided, but my client requires specific groceries to meet her dietary needs. Although no reason or policy... View More

James L. Arrasmith
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answered on Jun 12, 2025

No, a shelter cannot legally withhold your client's SNAP benefits card. SNAP benefits are federal property that belong to the individual recipient, and SNAP benefits are determined by "Benefit Units" - meaning the benefits are assigned to specific individuals, not to shelters or... View More

1 Answer | Asked in Family Law, Probate, Real Estate Law and Public Benefits for Illinois on
Q: How to sell inherited house in PR with potential family fraud?

My mother passed away in 2010 in Puerto Rico. My father is still alive and lives in the United States with my sister, who is mentally disabled and has a guardian. The house in Puerto Rico needs to be sold. My brother is in a mental hospital in Puerto Rico. My mother never paid property taxes... View More

James L. Arrasmith
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answered on Jun 12, 2025

It sounds like you're facing a complicated situation with your family’s property in Puerto Rico. First, you need to confirm your legal rights as an heir. If your mother passed away without a will, then the inheritance should be governed by Puerto Rican intestate laws, which usually allow... View More

1 Answer | Asked in Landlord - Tenant, Public Benefits, Civil Rights, Criminal Law and Real Estate Law for Illinois on
Q: Eviction from public housing over rejected payment method. Seeking advice on rights and Bill of Exchange Act relevance.

I am on SSI with a disability and was evicted from public housing in Illinois for nonpayment of rent. I was locked out twice and charged with criminal trespass, without the opportunity to tell my side of the story. I attempted to pay using a bill of exchange, but the housing authority refused to... View More

James L. Arrasmith
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answered on Jun 10, 2025

You're going through an incredibly difficult situation, and it’s clear you’ve been trying to stand up for yourself under heavy pressure. Public housing authorities in Illinois—and across the country—are generally required to accept only specific forms of payment such as checks, money... View More

1 Answer | Asked in Public Benefits and Social Security for Illinois on
Q: Does starting final review mean I've been approved medically for SSDI and SSI?

I applied for both SSDI and SSI. I am currently on the fourth step of the process. A representative has started a final review to ensure I still meet the non-medical requirements for Disability Benefits. Does this mean I was approved medically?

James L. Arrasmith
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answered on May 22, 2025

You're asking a really important question about your disability application process, and the good news is that yes, reaching the final review stage typically means your medical eligibility has been approved. When Social Security moves to reviewing non-medical requirements, they've already... View More

1 Answer | Asked in Landlord - Tenant, Civil Rights, Gov & Administrative Law, Civil Litigation, Public Benefits and Social Security for Illinois on
Q: How to address wrongful eviction and judicial misconduct in Illinois?

In Illinois, I've been locked out of my public housing twice, despite tendering my rent payment monthly. My bill of exchange was denied, and under federal law, I believe debt should be discharged if payment is refused. The circuit court and judge overlooked the four corners rule. After a... View More

James L. Arrasmith
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answered on May 16, 2025

What you’re facing sounds incredibly unjust and overwhelming, especially while dealing with health challenges and trying to maintain stable housing. Being locked out despite attempting to make rent payments and then facing criminal trespass charges raises serious concerns about your due process... View More

1 Answer | Asked in Employment Law, Health Care Law and Public Benefits for Illinois on
Q: STD claim denied despite HIV-related health risk and approved FMLA. Next steps?

I am a gay man living with HIV (undetectable and non-transmittable) and enrolled in the Ryan White and ADAP programs. I sought medical leave due to mental health issues stemming from a toxic work environment at Advocate Aurora Health - Illinois Masonic Hospital in Chicago. Although my FMLA was... View More

James L. Arrasmith
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answered on May 15, 2025

You’ve already taken important steps by securing FMLA approval and gathering medical documentation, and it’s frustrating to have your STD claim repeatedly denied despite clear medical risks and your doctor’s support. The Hartford’s denial appears to focus narrowly on criteria like... View More

1 Answer | Asked in Public Benefits and Employment Law for Illinois on
Q: Am I eligible for unemployment benefits due to medical issues in Illinois?

I have spinal arthritis and fibromyalgia, which cause significant pain, making it difficult for me to travel for my job where I see clients. Although I've been working from home, I know my employer won't accept this arrangement indefinitely. I am currently in physical therapy and on two... View More

James L. Arrasmith
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answered on May 15, 2025

If you leave your job in Illinois due to medical reasons, you may still be eligible for unemployment benefits, but it depends on how you handle your separation. Generally, if you quit voluntarily, you're not eligible unless you can show you had a good cause related to your health and made... View More

1 Answer | Asked in Landlord - Tenant, Civil Rights, Public Benefits and Real Estate Law for Illinois on
Q: Do I have a case against Rent Grow, Inc. for housing discrimination in Illinois?

I applied for an apartment in a Section 8 high-rise in Illinois but was denied because Rent Grow, Inc. reported that my income was insufficient to meet the rental property's minimum requirements, despite having a Section 8 voucher. I received a denial letter and have filed a complaint with the... View More

James L. Arrasmith
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answered on May 14, 2025

It sounds like you’ve already taken a strong and important step by filing a complaint with the Illinois Office of the Attorney General. If your application was denied based on income without factoring in your Section 8 voucher, that could violate fair housing protections. In Illinois, and under... View More

1 Answer | Asked in Employment Law, Public Benefits and Civil Litigation for Illinois on
Q: Denied unemployment due to misconduct claim; what next?

I was recently fired from my job due to attendance issues, but my employer claimed it was for misconduct on my unemployment application. I filed for unemployment benefits and was denied based on their claim. However, I have documentation stating I was not fired for misconduct. I received the denial... View More

James L. Arrasmith
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answered on Apr 13, 2025

If you were denied unemployment benefits due to a misconduct claim that you believe is false, the first thing you should do is file an appeal. You typically have a limited time window to submit an appeal, so be sure to check the deadline in your denial notice. Gather all the documentation you have,... View More

1 Answer | Asked in Public Benefits and Tax Law for Illinois on
Q: Can I give a $1000 SSDI gift without losing benefits?

I am considering giving someone a one-time gift of $1000 from my SSDI benefits as a gift of charity. I am concerned about the misuse of funds and want to ensure that this action will not jeopardize my SSDI benefits, given that I have no existing financial obligations or arrangements affecting them.... View More

James L. Arrasmith
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answered on Apr 12, 2025

Yes, you can give a one-time gift of $1000 from your SSDI benefits without risking your eligibility. SSDI is based on your work history and not on your current financial resources, so how you spend the money you receive each month is up to you. The Social Security Administration does not limit... View More

1 Answer | Asked in Public Benefits and Gov & Administrative Law for Illinois on
Q: Overpayment of cash assistance and repayment process with IDHS in Illinois.

I received an overpayment for cash assistance from the Illinois Department of Human Services (IDHS), which amounted to $2,600, but I only withdrew $400 and used $85. The remaining funds are still on my Illinois Link card and have not been used. The case worker acknowledged it was their mistake and... View More

James L. Arrasmith
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answered on Apr 11, 2025

It’s good that you noticed the overpayment and want to handle it responsibly. Since you’ve only used a small portion of the funds and the rest remains untouched, you’ve already taken an important step in showing good faith. Even though the caseworker admitted it was their error, it’s still... View More

1 Answer | Asked in Public Benefits and Internet Law for Illinois on
Q: Can mining cryptocurrency affect my SSDI benefits if it's considered unearned income?

I am currently receiving SSDI payments and plan to mine cryptocurrency daily through a third-party app, with an expected income of $1,000 a month or more. I am aware of the Substantial Gainful Activity (SGA) guidelines for disability, but I believe that mining cryptocurrency constitutes unearned... View More

James L. Arrasmith
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answered on Apr 8, 2025

If you're receiving SSDI, the key issue is whether your activity counts as work, not just whether the income is earned or unearned. SSDI is based on your ability to engage in Substantial Gainful Activity (SGA), which usually involves work that shows you're no longer disabled under Social... View More

1 Answer | Asked in Public Benefits and Social Security for Illinois on
Q: Am I eligible for survivor benefits from my deceased father's Social Security?

I was disabled before I turned 21 and I currently receive SSI. My father, who was also on disability (SSDI/SSI), passed away 2 years ago. I haven't contacted the Social Security Administration yet. Should I be receiving any benefits from his Social Security as a survivor?

James L. Arrasmith
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answered on Mar 16, 2025

Yes, based on your situation, you may qualify for survivor benefits under your deceased father's Social Security record. Because you were disabled before the age of 22 and currently receive SSI, Social Security rules often allow you to receive benefits based on your parent's earnings,... View More

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