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Kentucky Public Benefits Questions & Answers
1 Answer | Asked in Criminal Law, Consumer Law, Civil Rights and Public Benefits for Kentucky on
Q: how would i go about filing criminal charges against ky. dcbs ensuring claims made against dcbs are fully investigated

how would i go about filing criminal charges against ky. dcbs office in such a way as to ensure that any claims made against that dcbs office are actually investigated as they should be and not just ignored or swept under the rug or tried to be turned into anything other than the actual criminal... View More

James L. Arrasmith
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answered on Feb 24, 2024

To initiate a process against the Kentucky Department of Community Based Services (DCBS) for alleged criminal violations, including potential civil rights violations under "color of law," you would typically start by documenting all relevant incidents, including dates, times, and... View More

2 Answers | Asked in Family Law, Gov & Administrative Law, Military Law and Public Benefits for Kentucky on
Q: My daughter's father was killed over seas. He was in the United States army once stationed at ft Knox and fort polk

What can I do about getting my daughter's benefits from his death for support for my child his name is xx

Robert Donald Gifford II
Robert Donald Gifford II
answered on Jan 9, 2024

Order his military records from St. Louis from the National Archives. You can find that information online. I would request the entire file, to include medical, DD214, etc. Once you receive, go to the Veteran's Administration website and they will give additional guidance. You may also get... View More

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2 Answers | Asked in Family Law, Gov & Administrative Law, Military Law and Public Benefits for Kentucky on
Q: My daughter's father was killed over seas. He was in the United States army once stationed at ft Knox and fort polk

What can I do about getting my daughter's benefits from his death for support for my child his name is xx

James L. Arrasmith
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answered on Jan 17, 2024

I'm sorry to hear about your loss. To pursue benefits for your daughter due to her father's service and untimely death, you should start by contacting the Department of Veterans Affairs (VA). They provide various benefits to dependents of deceased service members, including Dependency and... View More

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1 Answer | Asked in Public Benefits and Social Security for Kentucky on
Q: Ssi overpayment

I was my nephew's representative payee for his SSI. SSA started withholding money from my disability check due to overpayment they said my nephew had. I asked for waiver and they approved it, but they didn't reimburse me money they'd taken out of my check for 5 months. Can they do that??

James L. Arrasmith
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answered on Dec 27, 2023

If the Social Security Administration (SSA) approved your waiver for your nephew's SSI overpayment but did not reimburse the money they had already withheld from your disability check, it's important to address this issue directly with them. Typically, when a waiver is granted, it should... View More

2 Answers | Asked in Family Law, Child Custody, Education Law and Public Benefits for Kentucky on
Q: Can my sons grandparents obtain custody of my son without me knowing, if his father is there to give his custody up?

Father is not on BC, No action has ever been through courts, ive never signed anything. Minor as loved with GP since he was 16mnths, I’ve kept contact over the years even written notes for doctors and take phone calls from hospitals giving permission to his PGM to be the one with him while they... View More

Todd B. Kotler
Todd B. Kotler
answered on May 15, 2023

I do not practice law in Kentucky, but rather across the river in Ohio. The laws regarding child custody can vary depending on your jurisdiction, so it's important to consult with a local lawyer who can provide advice based on the specific laws in your area.

In general, if there has...
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1 Answer | Asked in Federal Crimes, Social Security and Public Benefits for Kentucky on
Q: Is it legal in Ky for someone who has Medicaid and SSI but in a nursing home to sell property and a home.

Her daughter as her POA deeded everything to herself and sold it. Her mom just passed. We've reported the numerous times to local DCBS and nothing ever comes of it. It seems her daughter has friends in the DCBS who help her and ignore the complaints. I think it's wrong when so many people... View More

Timothy Denison
Timothy Denison
answered on Nov 1, 2022

The facts as you have set them out would seem to indicate it is not legal. Medicaid or SS are the only ones who might possibly be obligated to investigate. A decision would then be based on the findings of their investigation as to whether a crime has been committed.

1 Answer | Asked in Public Benefits, Family Law and Child Custody for Kentucky on
Q: My ex is not letting me pick my kids up even though we have a court order stating I get them on Sunday-Friday.

Can I have the sheriff help me? What can I do? I need a free lawyer?

Timothy Denison
Timothy Denison
answered on Feb 20, 2024

Contact the sheriff and give them a copy of your court order.

1 Answer | Asked in Traffic Tickets and Public Benefits for Kentucky on
Q: I was given a citation for passing a stopped school bus, should I get an attorney or am I entitled to a public defender?

The road has 4 lanes total and a median seperating them into 2 lane roads, I'm certain the bus was in the opposite 2 lanes, I would like to fight this ticket and plead not guilty.

Timothy Denison
Timothy Denison
answered on Apr 28, 2022

Hire an attorney. These cases can be tricky.

2 Answers | Asked in Criminal Law and Public Benefits for Kentucky on
Q: I have a court hearing coming up that says "Show cause deferred/installment payment". What does this mean?

My restitution on this case is over 33,000 but I have paid over 9,000 on this cause in the past 3 years. Will the judge put me in jail because it's not paid in full by the time I go to court?

Leland Hulbert
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Leland Hulbert
answered on Sep 11, 2021

It depends on the judge and it depends how much you have been paying lately. Normally judges will be lenient if you’re doing the best you can but if you refused to pay or haven’t paid a lot in the last few months they could give you an ultimatum and say you have to pay X amount with a a certain... View More

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1 Answer | Asked in Criminal Law and Public Benefits for Kentucky on
Q: Indicted on Medicaid Fraud in Hardin Co KY

I did not know that I even had Medicaid. Then I receive a notice from the court that I was indicted by the grand jury for fraud in Hardin County. At the time I was going to school to be an RN and was raising 4 children. I am married but the time frame they are stating he was unemployed. I never did... View More

Timothy Denison
Timothy Denison
answered on Aug 30, 2020

You need to find and hire a competent criminal defense attorney immediately who can help you get out in front of this.

1 Answer | Asked in Public Benefits and Traffic Tickets for Kentucky on
Q: Can I go to jail for not getting my license for court and they asked me to?
Timothy Denison
Timothy Denison
answered on Mar 26, 2020

Not likely due to the current external circumstances. However, once able, you should comply immediately.

1 Answer | Asked in Family Law, Child Custody and Public Benefits for Kentucky on
Q: If I take legal custody of a child that receives survior benefits for a parent, will they still get those benefits?

One parent is still alive and we have a joint custody agreement, although the child lives with me full time. No relation, the parent just couldn't care for the child anymore so I stepped in to help out.

Timothy Denison
Timothy Denison
answered on Oct 9, 2019

They should continue to receive them, yes.

1 Answer | Asked in Probate, Public Benefits and Estate Planning for Kentucky on
Q: My mother has Alzheimer's disease and she willed her two retirement accounts to me some time ago. When should I send it

When should I send a copy of the will?

Timothy Denison
Timothy Denison
answered on Aug 18, 2018

You should send it now bc some other documents my need to be executed while she is still alive.

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