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Indiana Public Benefits Questions & Answers
2 Answers | Asked in Employment Law, Workers' Compensation, Public Benefits and Personal Injury for Indiana on
Q: Can forced resignation affect unemployment or severance on workers' comp in Indiana?

I am an employee of the Indiana state government and currently working while under a doctor's care for an injury sustained at work. Despite being on workers' compensation since January 2025, I am being subjected to a forced resignation due to a bi-annual budget reduction of 30%. There... View More

Charles Candiano
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answered on Apr 26, 2025

Your question seems simple but the analysis is rather nuanced. The specific nature of your injury and your restrictions are important. It is extremely unusual for an Indiana employer to agree to accommodate restrictions for 4 months. If you are unable to work or your restrictions prevent you... View More

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1 Answer | Asked in Public Benefits and Social Security for Indiana on
Q: Why does my wife's disability insurance leave her with nothing after deducting her Social Security money?

My wife had a heart attack and filed for disability around June 23, 2025. She is also on Social Security. After her disability insurance deducts her Social Security money, there is nothing left. The disability insurance hasn't provided an explanation for this deduction, and there has been no... View More

James L. Arrasmith
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answered on Sep 23, 2025

Disability insurance policies often include a provision called “coordination of benefits” with Social Security. This means that if your wife receives Social Security disability payments, the private insurer may reduce her monthly benefit by the same amount to avoid “double payment.” In some... View More

1 Answer | Asked in Landlord - Tenant, Public Benefits and Real Estate Law for Indiana on
Q: Can a disabled defendant motion for dismissal of eviction case in Indiana due to indigency?

I'm a disabled defendant facing eviction under a rental agreement in Indiana. My only income is SSI, and I don't foresee any additional income. I haven't sought legal assistance due to residing in a different state, and I intend to file the motion pro se. This case was originally... View More

James L. Arrasmith
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answered on Sep 8, 2025

Filing a motion for dismissal of an eviction case in Indiana based solely on indigency is unlikely to automatically stop the proceedings. Courts generally require that you still address the merits of the case, such as whether the eviction is legally valid under the rental agreement. Being disabled... View More

1 Answer | Asked in Contracts, Real Estate Law, Health Care Law and Public Benefits for Indiana on
Q: Options for resolving Medicaid and Medicare support issues due to joint account ownership.

I am assisting Party 2, who entered into a verbal agreement with Party 1 regarding the purchase of a house. Originally, Party 1 deposited funds into a savings account that were not jointly held. Over time, the account became joint to secure a loan used to purchase the house for Party 2. No other... View More

James L. Arrasmith
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answered on Sep 8, 2025

Party 2 is in a challenging position because joint ownership of the account may be seen as an available resource for Medicaid or Medicare purposes. One option is to provide documentation showing the original intent of the account and that the funds were meant to support the house purchase, not... View More

1 Answer | Asked in Criminal Law, Social Security and Public Benefits for Indiana on
Q: What to expect in IN for first-time controlled substance possession under disability?

My husband recently received a ticket for the offense of possessing a controlled substance, specifically a partial marijuana cigarette, under 35-48-4-11(a). This is his first offense, and his court appearance is scheduled for this Tuesday at Superior Division V in Vanderburgh County, Evansville,... View More

James L. Arrasmith
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answered on Sep 2, 2025

At the initial appearance in Vanderburgh County, your husband should expect the judge to formally read the charge, explain his rights, and ask how he intends to plead. No evidence will be presented at this stage, and sentencing does not happen at the first hearing. The judge may also discuss... View More

1 Answer | Asked in Civil Rights, Domestic Violence, Education Law, Employment Law, Medical Malpractice and Public Benefits for Indiana on
Q: Can a case be made against an Indiana teacher for past abuse discovered years later?

My son, who is a special needs individual, was sexually abused by a teacher when he was 14 at a special school in Indiana. He only disclosed the information at the age of 31. The police informed us that the reporting timeframe had expired, and no previous reports about the teacher were on file.... View More

James L. Arrasmith
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answered on Aug 30, 2025

What your son went through is incredibly serious, and it is understandable that you want accountability. In Indiana, both criminal and civil cases for child sexual abuse are limited by statutes of limitation, and those limits can depend on the exact law in effect at the time the abuse occurred.... View More

1 Answer | Asked in Probate and Public Benefits for Indiana on
Q: Am I obligated to pay my deceased husband's medical bill in Indiana?

Am I obligated to pay a single medical bill from my deceased husband’s treatment in Indiana? He had insurance, left no will, and the estate includes a car and house. I am not a co-signer, nor did I agree to pay, and there have been no collection actions or calls regarding this bill.

James L. Arrasmith
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answered on Aug 30, 2025

In Indiana, you are not personally responsible for your late husband’s medical bills if you did not co-sign or agree in writing to pay them. Instead, those bills are considered debts of his estate. That means the creditor could make a claim against the estate assets, such as the car or house, but... View More

1 Answer | Asked in Family Law, Probate and Public Benefits for Indiana on
Q: Am I obligated to pay my deceased husband's medical bill in Indiana with no will and only inherited estate?

Am I, as the spouse, obligated to pay a medical bill addressed to my deceased husband in Indiana for his treatment, considering he had health insurance, left no will, and his estate only includes a car and house which I have inherited? I am not a co-signer on this debt, nor did I agree to pay it.... View More

James L. Arrasmith
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answered on Aug 29, 2025

In Indiana, you are generally not personally responsible for your late husband’s medical bills unless you signed paperwork agreeing to pay them or were a co-signer. Medical debt is considered the responsibility of the deceased person’s estate, not the surviving spouse. That means creditors... View More

1 Answer | Asked in Employment Law and Public Benefits for Indiana on
Q: Can I get unemployment benefits in Indiana after voluntary separation from a company based in Illinois?

I am considering a voluntary separation offer from my company, which is based in Illinois, and I work remotely from Indiana. If not enough employees volunteer, I could face involuntary termination. Illinois employees have previously been eligible for unemployment benefits after voluntary... View More

James L. Arrasmith
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answered on Aug 28, 2025

In Indiana, unemployment eligibility usually depends on whether you left your job voluntarily or were separated through no fault of your own. A standard voluntary resignation often disqualifies you, but if the separation is part of a company-initiated reduction in force or similar program, it may... View More

1 Answer | Asked in Criminal Law, Public Benefits and Social Security for Indiana on
Q: How to handle a warrant with severe health issues and financial struggles in Indiana?

I was released from jail early due to the discovery of a brain tumor, which is the same disease that caused my father to pass away at age 38. I'm now 43 and facing significant health challenges, including loss of vision, hearing, and balance. Since my release, I've missed a probation... View More

James L. Arrasmith
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answered on Aug 20, 2025

It sounds like you are facing a very difficult situation, balancing a serious medical condition with legal obligations. Ignoring the warrant will only make things worse over time, so the best step is to address it directly. Courts will often consider your health issues if you bring proper... View More

1 Answer | Asked in Landlord - Tenant, Public Benefits, Wrongful Death, Real Estate Law and Personal Injury for Indiana on
Q: Facing eviction due to nephew's accidental firearm discharge.

I am currently facing eviction because my nephew accidentally discharged a firearm, which resulted in the tragic death of another child. I was at work during the incident and unaware that he had a gun. I am on Section 8 and have a lease, but I'm unsure of the terms regarding firearms or... View More

James L. Arrasmith
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answered on Jul 10, 2025

This is a heartbreaking situation, and it’s understandable that you’re feeling overwhelmed. Even though you were not present during the incident, landlords and housing authorities often move quickly in cases involving firearms, especially when there’s a tragic outcome. Your Section 8 housing... View More

1 Answer | Asked in Gov & Administrative Law and Public Benefits for Indiana on
Q: Utility company won't turn on power without explanation.

I am experiencing issues with a utility company in Indiana that refuses to turn on my power and won't tell me why. I've contacted their customer service multiple times, visited their office to request assistance, and confirmed that I have no outstanding balance. I'm on disability and... View More

James L. Arrasmith
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answered on Apr 13, 2025

What you're going through is unfair and dangerous—no one should be left without power, especially when you're living with a disability. If the utility company won’t provide an explanation despite having no outstanding balance, that lack of transparency is a serious issue. You’ve... View More

1 Answer | Asked in Employment Law and Public Benefits for Indiana on
Q: Can my employer in Indiana fire me for an old felony being discovered in a background check, despite starting the expungement process?

I have a 33-year-old felony class D record that I thought was reduced to a misdemeanor, but I just found out it is still a felony when I started a new job last month. My employer at the Food Stamp/Medicaid office did not ask about felonies, only if I would be willing to be fingerprinted and undergo... View More

James L. Arrasmith
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answered on Apr 13, 2025

Based on Indiana employment law, your situation presents some nuanced legal considerations. In Indiana, as an at-will employment state, employers generally retain broad discretion to terminate employment for nearly any reason that doesn't violate specific legal protections. While there are... View More

1 Answer | Asked in Juvenile Law, Employment Law, Traffic Tickets and Public Benefits for Indiana on
Q: Legal options for managing son's destructive behavior and driving citation in Indiana.

I am seeking legal advice concerning my 17-year-old son who has been diagnosed with mental illnesses and exhibits destructive behavior at home. Police have been involved multiple times but say they can't take action unless he harms himself or others. He also received a citation for driving... View More

James L. Arrasmith
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answered on Apr 11, 2025

I’m really sorry you’re going through this—it’s incredibly difficult to watch your child struggle while feeling like your hands are tied. When a 17-year-old is exhibiting dangerous or out-of-control behavior and refusing help, it places an enormous burden on the whole family. In Indiana,... View More

1 Answer | Asked in Social Security and Public Benefits for Indiana on
Q: Can I manage my disabled son's Social Security online account?

I am the mother of a disabled adult son for whom I am the representative payee and authorized representative for Medicaid. He cannot read and lives with me, but he is able to give consent. Can I set up and manage his My Social Security online account on his behalf?

James L. Arrasmith
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answered on Apr 8, 2025

Yes, you can manage your son's Social Security online account as his representative payee. The Social Security Administration (SSA) allows individuals to act on behalf of a person who is unable to handle their own affairs, such as in the case of your son. As his representative payee, you can... View More

1 Answer | Asked in Elder Law, Public Benefits and Social Security for Indiana on
Q: I'm being denied an itemized summary of the services & fees from which I'm being charged. Denying any acess.

Im a recipient of the Indiana A&D Waiver & am aware the Provider is making fraudulent claims for services not being provided. I'm unable to get the Assisted Living facility nor the Fssa Office who are compensated to oversee & case manage these concerns, neither providers will... View More

James L. Arrasmith
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answered on Sep 13, 2024

It sounds like you’re facing a frustrating situation with your provider and the lack of transparency around the charges and services. You have every right to understand what you’re being billed for, especially when you suspect fraud. Providers and case managers are supposed to be accountable... View More

1 Answer | Asked in Tax Law and Public Benefits for Indiana on
Q: Need help figuring out 401k distribution options ( separated from work age 55)?

Whether cash out, convert to IRA, Roth IRA or C-company?

Eric Day
Eric Day
answered on Jun 9, 2018

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... View More

1 Answer | Asked in Gov & Administrative Law, Government Contracts, Public Benefits and Traffic Tickets for Indiana on
Q: Where do I get the waiver form to fill out for my Indiana license reinstatement?

I am indigent with 4 kids and a suspended license and need to try and get my $500 reinstatement fee waiver somehow.

Andrew L. Bennett
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Andrew L. Bennett
answered on Dec 6, 2017

If you have not yet gotten your reinstatement fees waived you can go online to in.gov and find the information and the forms. If you do not have a computer, then consider the public library.

1 Answer | Asked in Public Benefits for Indiana on
Q: How do I find a lawyer who can help write a memorandum of law

explaining why I believe the Administrative Law Judge's decision is incorrect. Legal Aid can't assist because until January and I only have 20 days to submit this letter.

Paul Stanko
Paul Stanko
answered on May 20, 2017

If legal aid is too busy to help you in time, your only option is to find a lawyer willing to help you at a cost you can afford and in time. You will just have to call around.

1 Answer | Asked in Public Benefits for Indiana on
Q: Does drawing out your 401 count against your unemployment
Burton A. Padove
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answered on Jul 21, 2011

the answer depends in part on how much your employer contributed. Bottomline, is there may be a small impact.

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