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Public Benefits Questions & Answers
3 Answers | Asked in Immigration Law and Public Benefits for Florida on
Q: I am on HUD / public assistance Will I be able to marry an immigrant?
James L. Arrasmith
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answered on Jan 25, 2024

Being on public assistance does not disqualify you from marrying an immigrant. However, there are important considerations to keep in mind. When sponsoring an immigrant for a marriage-based green card, you must file an Affidavit of Support. This document is a legal commitment to support your spouse... View More

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1 Answer | Asked in Public Benefits, Small Claims and Social Security for Florida on
Q: I am over $4K in SSI debt to the SSA because my payee failed to keep my assets below $2K for 5 months in 2021 and 2022.

My representative payee has admitted in an email to me that the "oversight" was their responsibility. I am interested in obtaining an attorney for representation in getting my payee to pay the $4K+ to the SSA so that my monthly SSI benefits are no longer reduced, which they currently are,... View More

James L. Arrasmith
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answered on Jan 23, 2024

Facing an overpayment situation with SSI due to the actions of your representative payee can be challenging. In your case, since your payee has admitted responsibility for the oversight, you have grounds to seek a resolution where the payee assumes the financial burden of the overpayment.... View More

1 Answer | Asked in Consumer Law and Public Benefits for Wisconsin on
Q: I live in Wisconsin and just my kids receive badgercare. Am I exempt from wage garnishment?
T. Augustus Claus
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answered on Jan 18, 2024

In Wisconsin, BadgerCare, which is the state's Medicaid program, provides health care coverage to eligible individuals and families. While BadgerCare itself does not necessarily exempt someone from wage garnishment, the rules regarding wage garnishment generally fall under federal and state... 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 Employment Law and Public Benefits for Illinois on
Q: I’m having a baby in May & I'm wondering if I can collect unemployment while on maternity leave/medical leave.
Cynthia Pietrucha
Cynthia Pietrucha
answered on Jan 12, 2024

In Illinois, as in many states, unemployment benefits are typically available to individuals who are out of work through no fault of their own and who are ready, willing, and able to work. To collect unemployment benefits, claimants must also be actively seeking employment.

Maternity leave,...
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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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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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1 Answer | Asked in Public Benefits for Florida on
Q: A friend of mine who was receiving food assistance in Florida died in September.

Her adult daughter just received a bill for over $5,000 stating her deceased mother made an error in 2019 in reporting the number of dependents. Her daughter was over 18 and not living at home at the time. Her daughter was estranged from her mother and knows nothing about this and certainly never... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jan 7, 2024

It's strange that the daughter received a bill. They may have sent the bill because they don't know whether or not the daughter is the personal representative of the mother's estate. If she has filed a probate petition and is the PR, the estate may be liable, but the daughter... View More

1 Answer | Asked in Child Custody, Child Support, Public Benefits and Family Law for Maryland on
Q: How to get custody of child that have been in my care for 7yrs no legal paperwork state of Maryland gives me run around
James L. Arrasmith
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answered on Dec 31, 2023

In Maryland, if you have been caring for a child for seven years without legal paperwork, you may consider filing for legal guardianship or custody. This is especially pertinent if you have been the primary caregiver and the biological parents are not involved or unable to care for the child.... View More

1 Answer | Asked in Education Law, Employment Law, Military Law and Public Benefits for Ohio on
Q: Are Ohio public school teachers considered public employees for the purpose of paid military leave in Ohio?

Say a teacher were to join the national guard... Public employees are given additional benefits when serving in the national guard. Does a teacher receive these benefits based on Ohio law?

James L. Arrasmith
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answered on Dec 31, 2023

Under Ohio law, public school teachers are indeed considered public employees. This classification is significant when it comes to eligibility for certain benefits, including those related to military leave.

If a teacher joins the National Guard, they are entitled to the same benefits as...
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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 Public Benefits and Social Security for Kansas on
Q: If I live in Kansas and receive Snap/EBT benefits, what savings or retirement accounts can I have if I am also disabled?
James L. Arrasmith
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answered on Dec 27, 2023

In Kansas, if you're receiving SNAP/EBT benefits and are also disabled, you're allowed to have certain types of savings and retirement accounts without affecting your benefit eligibility. However, it's important to be aware of the asset limits and rules that apply.

For SNAP...
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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

1 Answer | Asked in Identity Theft, Public Benefits, Social Security and Banking for Tennessee on
Q: I want to sue my ex stold my identity and social security benefits from2017 when i was incarcerated til 20& My stimulus

I lost all my paperwork. But he had 5 chime cards out in my name when I found out in 2021.

It happened in dickson tennessee he was also very abusive to me and I am very much mentally disabled and I am praying that I have a chance to make sure that he is not going to get away with his... View More

James L. Arrasmith
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answered on Dec 26, 2023

You have grounds to take legal action against your ex for identity theft and the fraudulent collection of your social security benefits. Identity theft is a serious crime, and if your ex used your identity to obtain benefits and open accounts in your name without your consent, this is a matter that... View More

2 Answers | Asked in Immigration Law and Public Benefits for Oregon on
Q: Does getting snap benefit and Medicare affect getting approved for citizenship?

I got this as a legal Permanent Resident due to reduction in income as well as increased expenses. No employment at all and also going to college as a full-time student. Trying to apply for US Citizenship, afraid that this can become an issue.

James L. Arrasmith
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answered on Dec 26, 2023

Receiving SNAP benefits and Medicare typically does not directly affect your eligibility for U.S. citizenship. As a legal permanent resident applying for citizenship, the primary considerations are factors like your length of residency, physical presence, moral character, and understanding of... View More

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2 Answers | Asked in Immigration Law and Public Benefits for Oregon on
Q: Does getting snap benefit and Medicare affect getting approved for citizenship?

I got this as a legal Permanent Resident due to reduction in income as well as increased expenses. No employment at all and also going to college as a full-time student. Trying to apply for US Citizenship, afraid that this can become an issue.

Symantha Rhodes
Symantha Rhodes
answered on Dec 26, 2023

Receiving Snap and Medicare does not affect your eligibility for citizenship. If you obtained your LPR through a sponsor who submitted an affidavit of support for you, it may affect them depending on the timeframe. Also, if you intend to sponsor a family member for LPR, you may need to use a... View More

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Q: Central district court of california - federal case. 1. Opposing motion to strike. 2. Service of complaint

1How can plaintiff oppose defendant's motions to dismiss complaint? This can happen before scheduling order is issued.

Are due dates ordered by court, or defined by court rules? 2. For service on defendant - a copy from PACER is needed? What is difference between conformed copy and copy from PACER?

James L. Arrasmith
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answered on Dec 24, 2023

To oppose a motion to strike in the Central District Court of California, a plaintiff should file a written opposition. This involves presenting legal arguments and evidence to counter the defendant’s motion. The opposition should address each issue raised in the motion to strike, demonstrating... View More

1 Answer | Asked in Gov & Administrative Law, Public Benefits and Constitutional Law on
Q: Did a state official imply or admit my accusation?

When a state official is accused of depriving someone basic necessities by violating due process....when he or she says to that someone, "You should go to the food bank or call 211 for assistance to get some food in your stomach."........Did she just admit to someone's acusation?

Thank you.

James L. Arrasmith
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answered on Dec 21, 2023

In a situation where a state official suggests seeking assistance from a food bank or calling for assistance, this does not necessarily constitute an admission of an accusation, such as depriving someone of basic necessities or violating due process. The statement could be interpreted as an attempt... View More

Q: How far does Immunity go?

Does a state official have any immunity when he or she commits fraud, lies to a claimant on a recorded phone call and deceives the federal government, especially when it involves federal funds...?...

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answered on Dec 21, 2023

In the context of state officials and immunity, it's important to understand that while certain immunities exist, they are not absolute. Generally, state officials enjoy what is known as "qualified immunity" when performing their official duties. This immunity protects them from... View More

1 Answer | Asked in Social Security and Public Benefits for New Mexico on
Q: Hi my son was born premature and when he was born he had and still has zero 0 vision in his left eye and 40% in his righ

Right eye now he still has zero left and 60% in his right. He is going to be 25 yrs old now on Dec. 30. I have been applying for disability for him since he was 6 yrs old and still being denied stating he is not blind enough to receive disability benefits.

James L. Arrasmith
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answered on Dec 21, 2023

In your situation, understanding the criteria for disability benefits is crucial. The Social Security Administration (SSA) in the United States defines blindness as having a visual acuity of 20/200 or less in the better eye with the best possible correction, or a visual field limitation in the... View More

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