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Pennsylvania Public Benefits Questions & Answers
1 Answer | Asked in Employment Law, Social Security and Public Benefits for Pennsylvania on
Q: I'm on disability and recieve SSDI. If I get a part-time job, I must report my income.

If I start a business and my earnings haven't surpassed my expenses making me no profit as well as me not paying myself a salary, do I have to report my earnings to SSDI?

James L. Arrasmith
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answered on Dec 29, 2023

If you're receiving SSDI (Social Security Disability Insurance) and start a business, it's essential to understand how your business activities might affect your benefits. The Social Security Administration (SSA) requires you to report any work activity, which includes starting a... View More

1 Answer | Asked in Estate Planning and Public Benefits for Pennsylvania on
Q: Special Needs Trusts

I know a provision in the Will can request an SNT for the benefit of a disabled child. Are SNTs created and/or funded after the death of the grantor(s)? It’s my understanding that one should not leave assets directly to a disabled child, so they don’t lose their government benefits. If a trust... View More

Michael Cherewka
Michael Cherewka
answered on Mar 19, 2023

a Special Needs Trust can be created either in a Will, in which case it is not funded until the death of the Grantor, or can be created during the lifetime of the Grantor, in which case it is usually funded (at least partially) when created, and additional funds can be added during the lifetime of... View More

1 Answer | Asked in Employment Law and Public Benefits for Pennsylvania on
Q: I wasn’t able to legally work for the last 5 years and I am a us citizen. Am I owed money by the government?

Hi, my name is Anonymous and I wasn’t able to go to college, nor was I able to get a job due to the fact that I didn’t have a social security number. My father used fear to scare my mom into not giving me my birth certificate (keeping me out of the system or far away from hospitals). He passed... View More

Joseph Korsak
Joseph Korsak
answered on Oct 19, 2021

You are leaving out important facts. What was the legal bar to your employment all that time? You could have picked up a SS number on line if you needed one. What opportunities did you miss? Were you a government employee?

1 Answer | Asked in Elder Law, Health Care Law and Public Benefits for Pennsylvania on
Q: Can family have a say in an elderly person's need to move to a care facility? This person is of-sound mind;

She lives in filth, doesn't eat, can't clean herself and sits and sleeps in her own feces and urine.

Peter N. Munsing
Peter N. Munsing
answered on Aug 3, 2021

I would approach an elderlaw attorney who is certified; the area office on aging can be of help.

1 Answer | Asked in Family Law, Public Benefits, Child Custody and Child Support for Pennsylvania on
Q: What kind of attorney do I need to review and represent me with my domestic relation case?? Thank you

Recently received a notice from local DR section indicating arrears and an enormous "lump sum" payment due in 30 days when none of my payments were ever late AND the other parent has paid nothing towards her supposed percentage of child support. Also, she dropped child's food stamp... View More

Kathryn Hilbush
Kathryn Hilbush
answered on Feb 7, 2018

You need an experienced family law attorney. Child support issues are among those that we regularly handle.

1 Answer | Asked in Public Benefits and Criminal Law for Pennsylvania on
Q: Do the DA have a case if the evidence the state trooper sworn to and signed was a lie

The state trooper signed aand sworn to a affidavit on June 3 2016 for a crime committed around 09/2015. In this affidavit it states he turned in crack cocain into evidence but the charge is for heroin... I was arrested 08/12/2016 and on 08/25/2016 I told my public defender about it and he without... View More

Ryan L Hyde
Ryan L Hyde
answered on Dec 2, 2016

I will preface this by saying a mistake is different from a lie. Only because I am not sure what happened with your case. The Commonwealth has the legal right to amend the charges up to the time where the jury is sworn in a matter. Your remedy would be a continuance. The fact that this was... View More

1 Answer | Asked in Education Law and Public Benefits for Pennsylvania on
Q: Do I need a lawyer for a school board hearing to expel my 16 year old son?

He is being charged with distribution of a controlled substance because he sent a text message asking another student about money he had owed. The principal said the messages do not say what it is for but after he took my son in a room and questioned him that my son confessed and wrote a statement... View More

Peter N. Munsing
Peter N. Munsing
answered on Nov 28, 2016

Contact the education law center in philadelphia.They have "cooperating attorneys" who know Pennsylvania Education law. Worth having legal counsel if they are looking for expulsion. In the meantime very important your son doesn't say anything on text, social media, in the hallway,... View More

1 Answer | Asked in Contracts, Landlord - Tenant and Public Benefits for Pennsylvania on
Q: In the state of PA can i get denied Hud because of to much income?Living in Housing already.

I just want to understand the process of why would there be a problem on my income. I am a single parent two children under my care .

Peter N. Munsing
Peter N. Munsing
answered on Sep 2, 2016

I think this is a duplicate post. If you are already in Public Housing it is a bit odd that you would be denied, however it's possible it's a different Housing grant with a different set of requirements (for instance Section 8 is different than section 235, etc). Look at my response to... View More

1 Answer | Asked in Civil Rights and Public Benefits for Pennsylvania on
Q: I live in Housing in Allentown Pa i applylied for HUD they denied me bacause of my income is to much. If that possible?

What was explained to me that as long as im living in housing i have to stay in the apartment. So i applied for HUD . They denied me HUD because of my income.

Peter N. Munsing
Peter N. Munsing
answered on Sep 2, 2016

HUD is income based so it is possible.Make sure your letter states what they based that decision on. Suggest you contact North Penn Legal Services, 610-969-3463

1 Answer | Asked in Public Benefits for Pennsylvania on
Q: If I'm on social security disability and would inherit $50,000 will it affect my disability payments?
Peter N. Munsing
Peter N. Munsing
answered on Aug 4, 2016

If it's SSI yes. If it's not SSI (SSDI/Title II) then no. One is asset based; the other isnt.Should he wish Donald Trump could collect Old Age beneifits under Title II.

1 Answer | Asked in Public Benefits for Pennsylvania on
Q: Hi My parents have been green card holders for 11 years but do not get medicare benefits. How can they be eligible?

They have been living in Philadelphia full time since 2004.

Peter N. Munsing
Peter N. Munsing
answered on Aug 4, 2016

if they have had green cards for 11 years they may want to look at converting. Generally, reason is they are not citizens.

They should look for an attorney who is a member of AILA and a certified immigration attorney. AILA can check if someone says they are. Check before they pay.

1 Answer | Asked in Public Benefits for Pennsylvania on
Q: can I receive welfare with my ex living next door to me

I have recently lost my job due to a high risk pregnancy. Am I allowed to receive welfare benifits (SNAP/MA) if my ex parcially lives next door (with family) and NY? I had an welfare investigator come to my home to see who lives in the house then 2 days after that was approved for benifits so I am... View More

Peter N. Munsing
Peter N. Munsing
answered on Aug 4, 2016

As long as it is a separate address, and separate rent, and no one uses the others address for any mail, should be OK.

You may be able to collect unemployment if you would be able to do another job if it had been available--i.e. if you weren't disabled from work, just couldn't do that job.

1 Answer | Asked in Employment Law and Public Benefits for Pennsylvania on
Q: Can I collect unemployment after a voluntary quit from a non compliant daycare?

I had a secure job at a local school district and gave it up for a job close to home as a daycare director. The business was new and struggling and I agreed to help build the business. I held up my end and brought in more business but quickly began to notice that the owner was cheap and had no... View More

Peter N. Munsing
Peter N. Munsing
answered on Aug 4, 2016

You can file as you left because of a necessitous and compelling reason, namely that you were being asked to operate a business that would not be in compliance with the law. If they want to fight it then they are not thinking.

1 Answer | Asked in Public Benefits and Social Security for Pennsylvania on
Q: Am I able to sell on Ebay with a pending Social Security Disability claim

I won't go in front of a judge until next summer or shortly thereafter.

Peter N. Munsing
Peter N. Munsing
answered on Aug 4, 2016

Unless your e bay activities become "substantial gainful activity" it would have no significant effect.

1 Answer | Asked in Public Benefits for Pennsylvania on
Q: My daughter is mentally ill, if my wife quits her job to take care of her will she be able to collect unemployment
Peter N. Munsing
Peter N. Munsing
answered on Aug 4, 2016

Possibly. It depends if UC determines this is a "necessitous & compelling reason." Documentation is key.

1 Answer | Asked in Employment Law and Public Benefits for Pennsylvania on
Q: Do I have a valid reason for an unemployment compensation appeal? My benefits were denied.

I was terminated from my job on May 16, 2016 for failing to pass an alcohol test that I believe was unlawful and/or inaccurate. I have filed an appeal for denial of unemployment compensation benefits. The regional manager who appeared at my workplace on the 16th came to the office after a coworker... View More

Peter N. Munsing
Peter N. Munsing
answered on Aug 4, 2016

Not if the test came back positive, unless you can explain how that was. The supervisor may, under your company rules, ask you to take an ETOH test. It's not a police "probable cause" requirement. Law basically says if you don't like work rules, barring a union contract you can... View More

1 Answer | Asked in Public Benefits and Family Law for Pennsylvania on
Q: Im 17, I have a 1 year old son, my dad kicked me out of the house. Am I eligible for cash assistance / food stamps?

And without his permission?

Peter N. Munsing
Peter N. Munsing
answered on Aug 4, 2016

You should be as he has "emancipated" you. Check with the welfare department for your county, but also check with Catholic Family Services if there is one in your area. If you need a place to stay check one of the womens shelters. Good luck!

Q: how do i know overnight locator is a real company and not face the call from multiple number 914-750-4101,305-330-6291

they bean calling to my home phone the is under my boyfriend name i never give this number to no one except doctor and family they bean calling but they refused to give me there names last named or employee number. calling saying different thing , one said something about silver law suit i... View More

Peter N. Munsing
Peter N. Munsing
answered on Jun 24, 2016

Not a lawyer question. If you are on the do not call list tell them. Probably scam artists. Unfortunately local cops ususally say call the FBI, FBI says call local cops. I suggest you start with the do not call list.

Q: I have worked at the same place for 11 years buying short term disability insurance through said employer. On 1/1/2016

said employer changed their insurance provider, on 1/12/2016 I had to have knee surgery that left me unable to work at this time. Now this new insurance provider is denying my short term disability claim, they are labeling it as a preexisting condition because I saw a doctor for it on 12/08/2015. I... View More

Timothy Belt
Timothy Belt
answered on Feb 20, 2016

Unless the knee is a work injury, this is not a workers' compensation question. If the knee is as a result of a work injury, it should not be submitted to short term disability. A workers' compensation claim should be filed.

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