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Michigan Public Benefits Questions & Answers
Q: Is this eligibility requirement compliant with the legislation in question?

MCL 400.106a authorizes a medicaid program for working disabled. To be eligible applicants must have been “found to be disabled under the federal supplemental security income program or the social security disability income program; or would be found to be disabled except for earnings in excess... View More

James L. Arrasmith
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answered on Mar 4, 2024

The eligibility requirement set forth by the Michigan Department of Health and Human Services (MDHHS) appears to align with the legislation outlined in MCL 400.106a. This law permits a Medicaid program specifically designed for the working disabled, indicating that applicants must meet certain... View More

1 Answer | Asked in Criminal Law, Federal Crimes, Public Benefits and Tax Law for Michigan on
Q: What happens when someone knowingly commits fraud for taxes and government aid by Using a false address. What can I do

My girlfriend moved into her father's house to help him with chapter 13 bankruptcy. It has come to her attention that her sisters fraudulently use the address for taxes and government assistance hindering her ability to properly receive these benefits. What can she do to rectify this since... View More

James L. Arrasmith
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answered on Jan 29, 2024

If someone commits fraud by using a false address for taxes and government aid, it's a serious issue that needs addressing. In your girlfriend's case, where her sisters are using her father's address fraudulently, this can indeed affect her ability to receive benefits legitimately.... View More

1 Answer | Asked in Constitutional Law, Public Benefits and Health Care Law for Michigan on
Q: How may an individual gain access to their own records under the Privacy Act?

Is Michigan Vital Records and Michigan Department of Health and Human Services subject to the Privacy Act/FOIA for my own personal records? My request was denied stating that MDHHS is exempt; I requested repayment information. However, in the denial letter I was told to call the local MDHHS, I left... View More

James L. Arrasmith
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answered on Jan 15, 2024

Under the Privacy Act, individuals have the right to access records about themselves held by federal agencies. However, this Act applies to federal agencies, not state agencies like the Michigan Department of Health and Human Services (MDHHS) or Michigan Vital Records. Each state has its own laws... View More

1 Answer | Asked in Estate Planning, Tax Law and Public Benefits for Michigan on
Q: Would owning a farm (not a primary residence) be considered a sellable asset to medicaid in Michigan?

Prior to developing brain cancer a friend had been nursing his dying father. When his dad died the family home became his and so did the father's farm. Both properties are in the state of Michigan. Would medicaid require the sale of the farm to help with my friend's medical expenses?... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Nov 6, 2023

Business (and ANY non-homestead) property such as a farm that is rented out is not considered an 'exempt' property and needs to be liquidated in order to qualify for medicaid.

The PROCESS of doing that can be technical and complicated, so it is best to get local legal...
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2 Answers | Asked in Estate Planning, Probate, Social Security and Public Benefits for Michigan on
Q: Sister is abusing position as Trustee of Family Trust. Can adult brother receiving SSD be named successor Trustee?

Adult sister and brother are sole beneficiaries of Trust set up by now deceased parents.

Sister has ignored brother's requests for accounting, bank statements or fund disbursements, hasn't filed taxes since she became Trustee a few yrs ago, is allowing her children to use Trust... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Aug 7, 2023

The brother isn't 'disqualified' from being a trustee because of his status on Social Security Disability for a physical condition, but some federal benefits (specifically SSI which it sounds like may not be involved here, but I'd want to be extra sure!) may be impacted by his... View More

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2 Answers | Asked in Estate Planning, Probate, Social Security and Public Benefits for Michigan on
Q: Sister is abusing position as Trustee of Family Trust. Can adult brother receiving SSD be named successor Trustee?

Adult sister and brother are sole beneficiaries of Trust set up by now deceased parents.

Sister has ignored brother's requests for accounting, bank statements or fund disbursements, hasn't filed taxes since she became Trustee a few yrs ago, is allowing her children to use Trust... View More

Joseph  Dallo
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Joseph Dallo
answered on Sep 1, 2023

In Michigan, as in many jurisdictions, the following general principles apply:

Qualification as Trustee: An adult, regardless of whether they're receiving Social Security Disability (SSD) benefits, can generally serve as a trustee unless there's a specific legal reason...
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1 Answer | Asked in Civil Rights and Public Benefits for Michigan on
Q: Can an agency require me to sign a release for them to request any and all personal and medical information and to share

I feel this vague release violates my privacy and I told them I would give them info that pertains to services but they are denying services til I sign.

Brent T. Geers
Brent T. Geers
answered on Jun 15, 2023

Many agencies require signed releases before engaging with services. The reason being is that they need complete information about you to provide services, and don't want to be in a position where they give you inaccurate information or the misguided services based only on what you disclose or... View More

2 Answers | Asked in Public Benefits and Social Security for Michigan on
Q: How can somebody be prosecuted for an overpayment for the social security and the overpayment has been repaid

Social security overpayment has been repaid in 2016 but I was indicted this year for theft of government property

Brent T. Geers
Brent T. Geers
answered on Sep 19, 2023

As non-sensical as it may seem, repayment does not preclude criminal charges.

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1 Answer | Asked in Public Benefits for Michigan on
Q: do i need consent to record meeting of non profit organization in a public restaurant in the state of Michigan
Brent T. Geers
Brent T. Geers
answered on Nov 1, 2022

Probably not. But you have to consider for what purpose you'd use the recording.

1 Answer | Asked in Public Benefits, Federal Crimes and Small Claims for Michigan on
Q: A school administrative building was throwing out their chairs and desks. Is it illegal to take one?
Brent T. Geers
Brent T. Geers
answered on May 3, 2022

I think the safest course of action would be to contact the school and ask.

1 Answer | Asked in Public Benefits for Michigan on
Q: Is it legal in Michigan to offer a discounted rate on a service for low-income families/individuals?

If it is legal, how do I go about verifying if the family/individual are actively on Lifeline, SNAP, Medicaid, FPHA, SSI or similar benefit.

Brent T. Geers
Brent T. Geers
answered on Feb 22, 2022

I believe you can. If you are a private business or entity, you would need to rely on voluntary disclosure to confirm eligibility. I do not believe there would be a way for you to verify directly.

2 Answers | Asked in Employment Law, Gov & Administrative Law and Public Benefits for Michigan on
Q: Got a notice from the State of Michigan Unemployment Department- please help!

I got a letter from the Michigan Unemployment Office saying a “question of eligibility and/or qualification has been raised on a claim in which you are an interested party”. The dates they want proof of income on range from 3/2020 all the way to 5/2021.

If I got unemployment benefits... View More

Brent T. Geers
Brent T. Geers
answered on Oct 23, 2021

You really need to speak to a lawyer soon, and preferably before you respond to the request for information. Whether criminal charges arise may depend on intent.

Just remember: there's an old tale that says it's not the act itself that gets us in trouble; it's often the...
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1 Answer | Asked in Gov & Administrative Law and Public Benefits for Michigan on
Q: I was supposed to be in a court hearing today for an upcoming trial. Is it ok everything was changed 12 hours prior?

I was sent a text from my public defender that my court hearing would no longer be in person, but on zoom, the time was changed to 2 hours later, and that my public defender would have another person subbing for them. They also said they would text me the zoom link prior to the newly set time. This... View More

Brent T. Geers
Brent T. Geers
answered on Apr 19, 2021

Without knowing your case or details at all, I would assume today's hearing was a pretrial conference or status conference. Often, clients aren't really involved in those hearings unless you are ready to enter a plea. And rarely would anything significant about your case be discussed.... View More

1 Answer | Asked in Family Law, Arbitration / Mediation Law, Child Support and Public Benefits for Michigan on
Q: How do I reopen my case after we both agreed to have it closed because we were living together but aren't anymore?

The father of my 2 children and I had been together for 16 years. Living together for over 10, our eldest is 14. We both agreed to stop child support because it was OUR income/outcome but he recently moved out. He is on the lease/utilities and state grant (DHS), I am unable to provide a forwarding... View More

Brent T. Geers
Brent T. Geers
answered on Sep 27, 2020

Contact your county's DHS office or Friend of the Court; they will take it from there.

1 Answer | Asked in Elder Law, Estate Planning, Real Estate Law and Public Benefits for Michigan on
Q: My aunt gave her home to her threekids 10 years ago and reserved a life estate for herself. She went to a nursing home

January of 2020. Before she went to the nursing home. she put a new roof on the house. She applied for Medicaid in January. She was denied because DHHS said that the value of the new roof is a divestment of three-fourths of the $13000 roof cost. They are more or less saying that the life estate is... View More

Kenneth V Zichi
Kenneth V Zichi
answered on May 22, 2020

They may be right or if the life estate requirements were that she maintain the house they may be wrong.

Hard to say without actually examining the documents but why was this mechanism used rather than a ladybird deed which would have made this moot?

It may be too late at this...
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1 Answer | Asked in Consumer Law, Public Benefits, Small Claims and Contracts for Michigan on
Q: Got a writ of garnishment on a Zales jeweler card from 1995-2001 can they still garnish me in the state of Michigan

I worked multiple jobs and this is the first time they've attempted a garnishment, after all this time can they still collect even with them not making a effort to collect from previous employers

Brent T. Geers
Brent T. Geers
answered on May 18, 2020

What matters is whether they have a valid judgment. Judgments may be renewed every 10 years. I would assume they did that and now that they've found you again, they can collect. You could look into filing a motion for installment payments with the court.

1 Answer | Asked in Public Benefits for Michigan on
Q: What is the definition of family in michigan?

If I live with my girlfriend and her kids do I count as part of the family? For section 8 housing HUD calculations...I take care of her kids while she works but my landlord says I have to do community service if I am not working (which I can't as I take care of homeschooled children all day).... View More

Brent T. Geers
Brent T. Geers
answered on Jun 6, 2019

What defines a family varies. A common definition - the one I suspect may apply in your case - is that "family" has blood or legal ties to each other. You have neither.

The reason being is that the state sees your situation as having it both ways: by virtue of you living...
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2 Answers | Asked in Personal Injury, Environmental and Public Benefits for Michigan on
Q: My linen on the bed at hotel was not changed I slept in the bed for two when I realized the sheets were solid.Can I sue?

I did not check the bed as I would normally. The second night I put a pillow under my leg. The next morning I noticed the sheets were solid. I had slept under these for two days. I have to wait a couple of weeks to be tested for hepatitis. I am very upset. This is a major chain. They asked what... View More

Brent T. Geers
Brent T. Geers
answered on Oct 23, 2018

You can, of course, sue, but I'm not sure what that will get you. You'd need to prove damages to substantiate a monetary value. Assuming the best-and most likely scenario: this was a housekeeping error, and whomever slept in the bed before you was an ordinary and clean person, I'm... View More

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1 Answer | Asked in Family Law, Child Custody, Child Support and Public Benefits for Michigan on
Q: The state of Michigan named a guy the father of my two kids by default. He's not on birth

certificate and they do have His Last name. I was receiving state assistance at the time. Do he have legal rights to them? No DNA test was done.No contact from with him in 7yrs, do not know where he lives. I want to change their last name? He only fathered one child after figuring out actual... View More

John Joseph Rizzo III
John Joseph Rizzo III
answered on Feb 2, 2018

I do not think that the state trying to get reimbursement from him for the assistance you received gives him any legal rights to the children. He could file a paternity action to get rights to the child that is his, but if he has not done that and he is not on the birth certificate, I do not see... View More

1 Answer | Asked in Social Security, Tax Law, Public Benefits and Immigration Law for Michigan on
Q: Concerning federal poverty level. Are disabled ssdi and veterans benefits countable income for poverty chart?

For government immigration form fee waiver.

John Joseph Rizzo III
John Joseph Rizzo III
answered on Jan 30, 2018

I believe the answer could change based on the facts. For instance, many people use SSDI and SSI interchangeably when they are very different programs. If you receive SSI, you should be automatically eligible for the fee waiver. If you receive SSDI, that will probably count against you when... View More

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