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Public Benefits Questions & Answers
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

1 Answer | Asked in Employment Law and Public Benefits for California on
Q: How is full time and part time determined for an ihss parent provider?

My child has autism. IHSS has been approved for the child. Me and my spouse work full time from home. Currently both parents and older sibling (with an off roll) take turns to care for her. This will change once the older child goes to college next year. I have requested my work to reduce my hours... View More

James L. Arrasmith
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answered on Dec 20, 2023

In California, the determination of full-time and part-time status for an IHSS parent provider is primarily based on the number of hours you are available to provide care for your child with autism. IHSS generally considers a provider to be full-time if they are available for 40 or more hours per... View More

1 Answer | Asked in Elder Law and Public Benefits for New York on
Q: Is military disability considered income in an assisted senior living housing unit? Hud said it was exempt, is it?
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answered on Dec 20, 2023

In New York, when it comes to assisted senior living housing units, especially those regulated by HUD (the U.S. Department of Housing and Urban Development), certain types of income are treated differently for eligibility and rent calculation purposes. According to HUD guidelines, some types of... View More

1 Answer | Asked in Appeals / Appellate Law, Public Benefits and Social Security for California on
Q: California Central District Court , initial benifits claim already fully faverable 2013, by trial not appealed

in 2019 to SSI office for income change , for payment from zero$0 , 2013 to 2019 has not recieved (DCR) or a Termination notice , plaintiff impairament lifetime till death,

has continued not to engage in no gainfull activity work , ever since 2003 , requires IHSS in home services up to... View More

James L. Arrasmith
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answered on Dec 17, 2023

Here are some potential case laws and arguments that could be cited to support your claim for Social Security disability benefits payments based on the information provided:

1. 20 CFR § 404.1594 - Continuing disability review for recipients who have had their benefits terminated. Argue...
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2 Answers | Asked in Gov & Administrative Law, Personal Injury and Public Benefits for California on
Q: Federal court filing - EDSS system specific question. Central district court.

Shall pdf files be searchable? Shall hidden metadata be removed from forms? Is chamber copy of complaint required?

Tim Akpinar
Tim Akpinar
answered on Dec 17, 2023

This is something that should be checked with the court. I have not encountered filing guidelines in any court system where they set forth requirements for the indexing attributes of documents. That's really more a function of the PDF or word processing software you use - each could have its... View More

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2 Answers | Asked in Gov & Administrative Law, Personal Injury and Public Benefits for California on
Q: Federal court filing - EDSS system specific question. Central district court.

Shall pdf files be searchable? Shall hidden metadata be removed from forms? Is chamber copy of complaint required?

James L. Arrasmith
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answered on Dec 14, 2023

When filing in the Central District Court using the EDSS system, it's important to adhere to specific guidelines regarding your PDF files. Generally, these files should be searchable. This means they should be submitted in a text-based format, not merely as image scans, to facilitate easy... View More

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1 Answer | Asked in Public Benefits for Illinois on
Q: Would appealing without a lawyer for my QMB benefit be best option

I have had QMB for years and with same asset having same amount. That is not even counted by social security and they now count it as income. I get under $1000 from my SSI and SSDI. They also have the wrong information about my income

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answered on Dec 8, 2023

Appealing for your Qualified Medicare Beneficiary (QMB) benefits without a lawyer is an option, especially if you're familiar with the process and feel confident in handling it yourself. However, it's important to meticulously prepare your appeal, including gathering all necessary... View More

1 Answer | Asked in Estate Planning and Public Benefits for Idaho on
Q: If a person is on Disability from Govenment and are due to receive inheritance, how can this be distributed without

losing benefits?

Nina Whitehurst
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answered on Dec 7, 2023

If you are on SSDI, the inheritance will not impact your eligibility. If you are on SSI or some other kind of needs-based program, then you should contact a special needs attorney for assistance with either spending down your inheritance rapidly in smart ways or funding a first party special needs... View More

1 Answer | Asked in Social Security and Public Benefits for California on
Q: Can a lawyer help me get my benefits for social security disability back

I am disabled with heart failure and sclera adorma and lupus and mental and haveBeen receiving been receiving SSDI4 years and I just learned not only did my benefits stop in June of this year. But they say they overpaid me and I guess I'm not getting a check. I never got a notice somebody... View More

James L. Arrasmith
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answered on Dec 1, 2023

Yes, a lawyer can assist you in navigating the complexities of social security disability (SSDI) issues, including the cessation of benefits and overpayment claims. Attorneys experienced in social security law understand the procedures and regulations governing SSDI and can help you understand your... View More

1 Answer | Asked in Appeals / Appellate Law and Public Benefits for California on
Q: Renters relief back in May 2021 I was denied renters relief aid I then appealed and following month I was approved pendi

Pending payment not received payment since then give me round around keep asking me to do more task once I was already approved

James L. Arrasmith
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answered on Nov 29, 2023

In California, if you have been approved for renters relief but have not received payment, it's important to continue following up with the agency responsible for the relief program. Keep records of all communications, including dates, names of individuals you spoke with, and the content of... View More

1 Answer | Asked in Social Security and Public Benefits for Connecticut on
Q: My son has disability ready. He has an ABLE account. Can I use funds from his ABLE account for his recreational use?
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answered on Nov 26, 2023

In the United States, ABLE accounts offer a flexible way for individuals with disabilities to save money without affecting their eligibility for certain public benefits. The funds in an ABLE account can be used for a variety of expenses that are related to the individual's disability and aim... View More

1 Answer | Asked in Public Benefits and Social Security for California on
Q: how can i get ssi for my ptsd? i was denied already once

ptsd from child SA, kidnapped, trafficked, stabbed multipule times, collapsed lung scar tissued, & constant pain since bt ptsd is whats really defeating me.

James L. Arrasmith
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answered on Nov 19, 2023

I understand you're seeking assistance with obtaining Supplemental Security Income (SSI) for PTSD in California, especially after a previous denial. It's important to know that a denial isn't the end of the process. You have the right to appeal this decision, and many successful SSI... View More

1 Answer | Asked in Civil Rights, Federal Crimes, Gov & Administrative Law and Public Benefits for Texas on
Q: Dallas county are Denying me rental assistance by false statements and altering documents dates and text .

Dallas required a prescreening form to be submitted to qualify to submit ERA application, I received 4 automatic form letter denials over the 6 months. I was allowed to apply after I attempt to file a complaint. Dallas County required more qualification than needed and approval from DC compliance... View More

James L. Arrasmith
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answered on Nov 18, 2023

I'm sorry to hear about the challenges you're facing with Dallas County in obtaining rental assistance. It appears that there may be issues of miscommunication and potentially misconduct in your case. To address this situation, you should consider taking the following steps:

1....
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1 Answer | Asked in Gov & Administrative Law and Public Benefits for California on
Q: I need help with social workers at EBT office who cancelled my general assistance bcs I received a stimulus check

Her and a new employee tried 7 times to cancel my general assistance as a racist thing I guess and singled me out and I'm the only one they called and asked if I received a stimulus check even though Biden said he wanted to know immediately if any government worker did this so he could make an... View More

James L. Arrasmith
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answered on Nov 16, 2023

In California, if your general assistance benefits were cancelled due to receiving a stimulus check, you should first appeal the decision through the appropriate channels within the EBT office. It's important to gather any relevant documents, including notices from the EBT office and records... View More

1 Answer | Asked in Employment Law and Public Benefits for California on
Q: my question regards is for UNEMPLOYMENT BENEFITS. I quit my job after 5 years there.

i was applying for unemployment and at that moment i was still kind of in shock that i was forced to quit. me being the head of household was terrifying me. i was just thinking bout all the bills and rent. Anyways, i was distraught. i unintentionally put that "work was slow." That was... View More

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answered on Nov 12, 2023

In California, if you have received a "Notice of Potential False Statement" from the Employment Development Department (EDD) regarding your unemployment benefits, it's important to address this matter promptly and honestly.

During your scheduled phone interview, clearly...
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1 Answer | Asked in Public Benefits and Social Security for California on
Q: I took guardianship of my 84 year old mother, I am trying to get her ID for social security benefits, can you assist

She was a victim of elderly abuse and IHSS fraud from a caregiver, she just had heart surgery at loma linda hospital, all her identifications have been lost, I need to get her social security care, but need an ID, I have her Medical card and her EBT card, but nothing with a picture ID. When I... View More

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answered on Nov 6, 2023

You can obtain a replacement ID for your mother by scheduling an appointment with the California Department of Motor Vehicles (DMV). As her guardian, you’ll need to provide a certified copy of the guardianship papers, her Medical card, and her EBT card, as well as any other identifying documents... View More

Q: How to retain ownership of my birthright

Owning my name given at birth

James L. Arrasmith
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answered on Nov 6, 2023

In California, your birth name is inherently yours and doesn't need to be "retained" in the same way property rights are. However, if you're seeking to trademark your name for commercial purposes, you would file an application with the United States Patent and Trademark Office... 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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1 Answer | Asked in Public Benefits, Employment Law, Gov & Administrative Law and Military Law for Virginia on
Q: IDT paid time off? Federal orders annual training paid time off?

Hello, I am a county employee under the Commonwealth of Virginia?

I am also in the Virginia Army National Guard.

My question pertains to inactive duty training (weekend drills). Can an employer not let you accrue leave? and do they have to pay you?

or does that only apply... View More

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answered on Oct 26, 2023

Under the Uniformed Services Employment and Reemployment Rights Act (USERRA), employers, including those in the Commonwealth of Virginia, are prohibited from discriminating against or penalizing employees due to their military service obligations. This protection includes your weekend drills or... View More

1 Answer | Asked in Employment Law and Public Benefits for Georgia on
Q: I was let go and awarded unemployment. This was 2 years ago. Now they are appealing. I thought they only had 15 days!!

They Said if I lose I may have to pay back the unemployment.

James L. Arrasmith
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answered on Oct 22, 2023

The typical time frame for employers to appeal an unemployment determination is indeed limited, often around 15 days in many states. However, specific deadlines can vary by state and by the nature of the claim. It's essential to review Georgia's unemployment laws and regulations to... View More

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