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Louisiana Public Benefits Questions & Answers
Q: What legal options ensure medical treatment and confidentiality for misdiagnosis and HIPAA violation?

I've been diagnosed with sickle cell anemia, cirrhosis of the liver, CNS deterioration, and moderate brain damage, yet I have not received adequate medical treatment. My previous doctor violated HIPAA by sending my information to Raceland Mental Health, leading them to contact me with false... View More

James L. Arrasmith
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answered on Apr 27, 2025

Looking at your concerning situation, you have multiple legal options to address both the HIPAA violation and medical negligence issues. You can file a complaint with the Department of Health and Human Services' Office for Civil Rights (OCR) regarding the HIPAA violation within 180 days of... View More

1 Answer | Asked in Social Security, Appeals / Appellate Law, Juvenile Law and Public Benefits for Louisiana on
Q: Can I receive Social Security benefits based on my deceased father and unresolved childhood PTSD?

I am trying to determine if I can receive Social Security benefits based on my deceased father, who passed away several years ago. While he was alive, I received Social Security benefits through him as a child, but not for disability despite incidents of juvenile incarceration and assault.... View More

James L. Arrasmith
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answered on Apr 27, 2025

Your situation involves two potential benefit streams: survivor benefits based on your father's Social Security record and disability benefits based on your PTSD with an earlier onset date. Regarding survivor benefits, adult children may qualify if they became disabled before age 22, which... View More

1 Answer | Asked in Public Benefits and Civil Litigation for Louisiana on
Q: How can I dispute a SNAP overpayment error and recover my funds in Louisiana?

I was approved for SNAP benefits and received a letter on 12/7/2023 from the Department of Fraud and Recovery Unit stating that I was overpaid by $3,048 in benefits due to an agency error from 6/2023 to 11/2023 because I failed to provide verification by the due date of 6/29/2023. My application... View More

James L. Arrasmith
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answered on Apr 13, 2025

To dispute the SNAP overpayment in Louisiana, the first step is to respond to the letter you received from the Department of Fraud and Recovery Unit. If you believe the overpayment was due to an agency error, you should explain this in writing and provide any supporting evidence that shows the... View More

1 Answer | Asked in Landlord - Tenant, Public Benefits and Real Estate Law for Louisiana on
Q: Section 8 neglect after flood; illegal hot water heater, no inspections or repairs, concern about retaliation.

I've been facing neglect under Section 8 housing after a flood in my apartment over a week ago. There have been no state-required inspections, and no repairs have been done. I have photo evidence showing the hot water heater is illegal, yet my landlord is attempting to fix it instead of... View More

James L. Arrasmith
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answered on Apr 12, 2025

You have the right to a safe and habitable living space under Section 8 housing, and the issues you're facing with neglect and unsafe conditions should be addressed. Since there has been no inspection or repairs following the flood, it's crucial to document everything, including the... View More

1 Answer | Asked in Gov & Administrative Law, Employment Law and Public Benefits for Louisiana on
Q: How can I expedite a hearing date for an administrative judicial review in district court regarding a wage theft claim?

I have an administrative case under judicial review in district court related to a wage theft claim, and the judge has not set a hearing date since January 7th, 2025. Despite contacting the court, I haven't received any notifications or unemployment benefits. What steps can I take to expedite... View More

James L. Arrasmith
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answered on Apr 12, 2025

If you're still waiting for a hearing date for your wage theft case and haven’t received any updates, it’s crucial to keep pressing the court for a resolution. Start by sending a formal written request to the court, specifically asking for an expedited hearing. In your request, explain the... View More

1 Answer | Asked in Landlord - Tenant, Public Benefits and Real Estate Law for Louisiana on
Q: Tenant living in Section 8 property with unresolved repair issues fears retaliation.

I am a tenant living alone in a Section 8 rental property, and my hot water heater has not been working since March 30, 2025. The heater, which was labeled "do not use" due to damage from a 2016 flood, was in use until the recent flooding. My landlord is attempting to repair it instead of... View More

James L. Arrasmith
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answered on Apr 12, 2025

I'm really sorry you're going through this—it’s important that your home is safe, especially given your health and circumstances. As a Section 8 tenant, you have the right to a habitable home, and the landlord is legally required to make necessary repairs, such as fixing the hot water... View More

1 Answer | Asked in Health Care Law, Social Security and Public Benefits for Louisiana on
Q: Issue with Medicare premiums and Social Security reimbursement

I recently discovered that Medicaid has been paying my Medicare premiums under SLMB for years without my knowledge. A Medicaid representative mentioned I might be entitled to a large reimbursement. However, he noted that Social Security might only reimburse me back to when the switch from SLMB to... View More

James L. Arrasmith
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answered on Apr 1, 2025

Your situation regarding Medicare premium payments and potential reimbursement presents several complex legal considerations that merit thorough investigation. The discrepancy between Medicaid's payment of your Medicare premiums under the Specified Low-Income Medicare Beneficiary (SLMB)... View More

1 Answer | Asked in Personal Injury, Civil Rights, Health Care Law and Public Benefits for Louisiana on
Q: What kind of lawyer do I need to sue a state health agencies for retaliation?

The state agencies responsible for oversight and administration of the medicaid waiver my son receives refuse to allow me to chose a different freedom of choice provider, have come up with different ways to block my son from receiving any services, and even made a false report to CPS about me after... View More

Tim Akpinar
Tim Akpinar
answered on Dec 17, 2023

A Louisiana attorney could advise best, but your question remains open for a week. A starting point could be to check with attorneys who deal with health insurance matters. They should be able to advise more definitively "yes" or "no" whether they handle something of this nature... View More

1 Answer | Asked in Family Law, Identity Theft, Social Security and Public Benefits for Louisiana on
Q: if someone has a power of attorney over someone else can it be revoked especially if it is without that persons consent

A woman has a mother who may have a power of attorney for her because the mother has taken all of the woman’s property and social security checks and has left the daughter to fend for herself in poverty. First I need to find out if the mother has a power of attorney for her daughter and if she... View More

James L. Arrasmith
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answered on Jul 11, 2023

A power of attorney can be revoked at any time by the principal, even if it was granted without their consent. The principal can revoke the power of attorney by signing a written revocation and delivering it to the agent. If the principal is unable to sign the revocation, they can appoint someone... View More

Q: I need to speak to someone about section 8, my disabilities, threatening phone calls from parish and landlord, and othe

I really need to speak to someone asap in regards to my health section 8 and important other factors

James L. Arrasmith
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answered on Mar 4, 2023

I'm sorry to hear that you are experiencing these issues. I recommend contacting your local Section 8 office or the Department of Housing and Urban Development (HUD) for assistance. You can find your local Section 8 office by visiting the HUD website and using the Office Locator tool. You can... View More

1 Answer | Asked in Civil Litigation, Gov & Administrative Law and Public Benefits for Louisiana on
Q: Does this include a public sidewalk after leaving the vicinity of the before mentioned property?

Did not enter nor try to enter private owned business after being told not to. Stepped out of vicinity of said building (bar) unto public sidewalk and was told to exit (public sidewalk).

Was then told said person was in violation of remainder after forbidden. When person asked what that... View More

Ellen Cronin Badeaux
Ellen Cronin Badeaux
answered on Apr 28, 2022

No it does not. Hire a criminal lawyer

1 Answer | Asked in Public Benefits and Land Use & Zoning for Louisiana on
Q: My HOA sent a letter stating a fence must be erected however my fence was destroyed due Hurricane Laura what can i do

We’re going to erect a fence but repairs are still in progress. However the restrictive covenants was sent stating the restrictions may be enforced by mandatory and prohibitory injunctions by any owner whose land is affected by the restrictions

Randy Bryan Ligh
Randy Bryan Ligh
answered on Mar 1, 2022

If possible, I would suggest that you hire an attorney to act on your behalf to contact the Board or property management company and explain your situation (which they are most likely aware) and a timeline for you to have the fence erected and see if this resolves things. Your attorney would also... View More

1 Answer | Asked in Public Benefits for Louisiana on
Q: I would like to request a hearing in Calcasieu Parish to be heard in court with all involved present.

What forms must we file? The decision was rendered and signed December 22, 2021. the Judge informed us of this right on the day of the hearing. How much time do we have to complete these forms?

Randy Bryan Ligh
Randy Bryan Ligh
answered on Dec 31, 2021

Not enough information has been provided to answer this question, however there are usually strict deadlines in which you have to file and/or appeal something and as such, you need to immediately consult with an attorney so that you can obtain the specific advice you are seeking from this forum.

Q: If I get a flat from a pothole can I sue or have the state pay for my tire?

I hit a small, but SUPER deep pothole on a sharp corner where it was unavoidable and got a flat tire due to hitting it. Can I get the city to pay for the tire or sue for the money?

Randy Bryan Ligh
Randy Bryan Ligh
answered on May 6, 2021

If you can provide that the pothole was unreasonably dangerous and/or defective to a reasonable prudent person, and that the custodian of the pothole knew and or should have known of this condition, then yes. Among the first things you should do is either consult an attorney to represent you on... View More

1 Answer | Asked in Criminal Law, Gov & Administrative Law and Public Benefits for Louisiana on
Q: I just want to be certain about this, can you receive snap benefits in Louisiana if you have prior drug convictions?
J. Heath Dillon
J. Heath Dillon
answered on Oct 18, 2020

In Louisiana, a person with a felony conviction for drug use/possession is ineligible for SNAP benefits for a period of one year after the completion of any sentence imposed as a result of such conviction.

1 Answer | Asked in Immigration Law and Public Benefits for Louisiana on
Q: Can my citizen children and I receive Medicaid even though my husband is a a green card holder with a sponsor?

My overstay immigrant husband will soon be applying for his green card and we are using my sister to sponsor him on the i864. He is our sole financial provider, I am unemployed, and we always file taxes jointly. I understand that he is restricted from receiving means tested benefits, but does that... View More

Hector E. Quiroga
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Hector E. Quiroga
answered on Nov 21, 2017

US citizens are eligible for means tested public benefits, even if they are married to someone who is undocumented.

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