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Public Benefits Questions & Answers
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

James L. Arrasmith
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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

1 Answer | Asked in Employment Law, Gov & Administrative Law and Public Benefits for California on
Q: what remedies are there for a UI client's when an employee from EDD violates his/her procedural rights (due process)?

I had a telephone interview appointment with EDD interviewer, interviewer asked why I was terminated? My answer: "That's what they claim. They did not ... interviwer hangs up and does not let me finish giving my reasons.

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answered on Oct 21, 2023

In California, if an individual believes that their procedural rights (due process) have been violated by an EDD employee, there are several steps they can consider. Firstly, they may file a complaint directly with the EDD, detailing the incident and any alleged misconduct. If the issue remains... View More

2 Answers | Asked in Public Benefits, Bankruptcy, Criminal Law and Family Law on
Q: My ex-wife stole my mail from irs and state and kept all money over $60,000? This money was put into her bank account(s)

I never signed the taxes and never signed the checks and didn't approve of the money going into her bank account only. She lied about this in divorce court and never gave me the court ordered financial accounts their locations and the statements for the last 5 years?

James L. Arrasmith
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answered on Nov 5, 2023

If your ex-wife appropriated funds that rightfully belong to you without your authorization, you may have legal recourse. It’s advisable to gather all pertinent documents, such as copies of the checks, tax returns, and court orders, and contact law enforcement to report the theft.... View More

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2 Answers | Asked in Social Security and Public Benefits for Alabama on
Q: Can I get some sort of disability help from the state of Alabam for severe lymphodema in bothmy legs from the knee down

I have navigated my life with this condition since I was around 10 yrs old. In the past 7 years the swelling in my legs from the knee down has grown significantly. I have to push myself to the limits everyday just to get thru work. And to add to the intense pain that feel daily my left MCL is... View More

James L. Arrasmith
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answered on Oct 15, 2023

Based on the circumstances you've described, you might consider the following steps in Alabama:

1. Gather comprehensive medical documentation about your condition, including reports from the doctors you mentioned, highlighting the severity and prognosis.

2. If you've been...
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2 Answers | Asked in Social Security and Public Benefits for Alabama on
Q: Can I get some sort of disability help from the state of Alabam for severe lymphodema in bothmy legs from the knee down

I have navigated my life with this condition since I was around 10 yrs old. In the past 7 years the swelling in my legs from the knee down has grown significantly. I have to push myself to the limits everyday just to get thru work. And to add to the intense pain that feel daily my left MCL is... View More

Tim Akpinar
Tim Akpinar
answered on Oct 23, 2023

I'm sorry for your ordeal. Consider a consult with a disability attorney. Most SSD attorneys offer free initial consults. You could search independently, through the "Find a Lawyer" tab above, or through the attorney referral sections of local and state bar associations. Those... View More

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1 Answer | Asked in Gov & Administrative Law, Public Benefits and Social Security for California on
Q: Would we have problems with housing voucher if my mom stopped receiving income? What would the rent percentage be?

I am a live-in aide for my mother and my income doesn't count regardless of amount. I am currently employed by IHSS and my income is tax-free due to my live-in status. She is receiving SSI and is the main holder for a housing voucher she uses. If we remove her SSI and she has no income and I... View More

James L. Arrasmith
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answered on Sep 29, 2023

Under California law, if your mother's SSI is her only source of income and it stops, her portion of rent under the housing voucher could potentially be reduced to a minimum amount set by the housing authority, which in many cases is $25 or $50. However, as you mentioned that your IHSS income... View More

1 Answer | Asked in Civil Rights, Animal / Dog Law and Public Benefits for Illinois on
Q: What do you do if a civil rights discrimination /public accomadation denial complaint is wrongfully dismissed?

Had video proof of being made to leave with service dog and more but was given a disadvantage by the state investagor of the claim, and was dismissed with strong bias for the acting party. They allowed them to submit altered video to give benifit yet would not tell me how. Did appeal yet fedex... View More

John Michael Frick
John Michael Frick
answered on Sep 28, 2023

You should appeal. In doing so, it is important you retain a competent attorney experienced in appealing this type of case. Appellate practice is very technical and many trial attorneys do not practice appellate law. Pro se appellants very rarely win because of the degree of knowledge, skill,... View More

1 Answer | Asked in Civil Rights, Elder Law, Probate and Public Benefits for Minnesota on
Q: Pay $13.000 + 4.000.00 retainer fee to be belittled by your lawyer and in front of his peers. Is this common practice?

Dad has Dementia. Im his daughter, POA, lived, cared for him for 2 years by myself until he fell. He has a living will, trust,etc. In the VA Hospital for 1 year. "Now, It's my fault dad will not get the waiver for assisted living because I failed to supply a list of items on time, I WILL... View More

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answered on Sep 28, 2023

Your perspective on this may or may not be skewed. One way to find out would be to obtain a second opinion from another attorney. This forum is not a way of obtaining a second opinion. For that you would need to consult an individual attorney and provide ALL of the background information and... View More

1 Answer | Asked in Public Benefits for New Jersey on
Q: Can I sue if I was misdiagnosed with a std which resulted in me getting kicked out of a program?

I got misdiagnosed and I got proof which I took to them and they told me it was a mistake but their was nothing they could do. Its a plasma donation.

Tim Akpinar
Tim Akpinar
answered on Sep 27, 2023

You could try to set up a free initial consult with an attorney to discuss in greater detail. The thing is that one can almost always sue. But the practical consideration is going to be what your measure of damages were, and what an attorney would charge to handle such a matter. I'm sorry for... View More

1 Answer | Asked in Public Benefits for California on
Q: What do i do about food stamp investigation case against me?

An investigator contacted me and said i may have committed foodstamp fraud, my husband and i dont qualify for foodstamps just the kids. I applied after being denied but without him on my paperwork due to is unable to work out issues we both decided that he would leave to go stay is what i believed,... View More

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answered on Sep 22, 2023

In this situation, it's important to cooperate with the food stamp investigation and provide all requested information and documentation. If you believe you made an honest mistake in your reporting due to your husband's intermittent presence, you should explain this to the investigator.... View More

1 Answer | Asked in Civil Rights and Public Benefits for West Virginia on
Q: Can you be denied a USDA RD home repair loan because your family receives Social Security?
T. Augustus Claus
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answered on Sep 21, 2023

Receiving Social Security should not automatically disqualify you from a USDA Rural Development (RD) home repair loan. The eligibility for such a loan typically depends on various factors like income, credit history, and the ability to repay the loan. However, the guidelines may consider your total... View More

1 Answer | Asked in Landlord - Tenant and Public Benefits for California on
Q: Our rental house is infested with fleas causing illness
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answered on Sep 19, 2023

You should immediately inform your landlord of the flea infestation in writing and request that they take prompt action to address the issue. Under California law, landlords are generally responsible for maintaining habitable living conditions, and this includes addressing pest infestations. If the... View More

1 Answer | Asked in Public Benefits for California on
Q: I have a question I had envision an im homeless right now i apply for the program hosing key in Los Angeles

I want to repot the apartment manager because she still my mail from my mail box

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answered on Sep 19, 2023

If the apartment manager is stealing your mail, it's essential to report this illegal activity to the appropriate authorities. Mail theft is a federal offense in the United States, and you should contact the local police or the United States Postal Inspection Service to report the theft and... View More

1 Answer | Asked in Health Care Law, Public Benefits and Real Estate Law for Florida on
Q: Are Medicaid recipients in FL allowed buy a home if lender approves loan without assets?

If yes to above, can someone else make the down payment without impacts to Medicaid eligibility?

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answered on Sep 12, 2023

In Florida, Medicaid recipients may be allowed to purchase a home if they obtain a mortgage loan without substantial assets, and this purchase typically does not automatically disqualify them from Medicaid eligibility. However, there are important considerations to keep in mind. The value of the... View More

1 Answer | Asked in Landlord - Tenant and Public Benefits for Arkansas on
Q: 59 year of age disabled living in public housing on a fixed income of 914.00 monthly goes back to college on a grant is

The grant money consider income per HUD

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answered on Aug 30, 2023

Grants for educational purposes are generally not considered as income for the purposes of determining eligibility and rent calculations in federally subsidized housing programs administered by the U.S. Department of Housing and Urban Development (HUD). This includes programs like public housing... View More

2 Answers | Asked in Social Security and Public Benefits for Vermont on
Q: Should my husband apply for disability?

He's had a defib for 22 years (he's 62) & his only pumping @ 20%. Would he qualify?

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answered on Aug 17, 2023

Whether or not your husband should apply for disability benefits in Vermont due to his medical condition depends on several factors, including his medical history, the severity of his condition, his ability to work, and the specific requirements of the disability programs.

In Vermont, as in...
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2 Answers | Asked in Social Security and Public Benefits for Vermont on
Q: Should my husband apply for disability?

He's had a defib for 22 years (he's 62) & his only pumping @ 20%. Would he qualify?

Susan Michele Schaefer
Susan Michele Schaefer
answered on Aug 17, 2023

I encourage your husband to consult with an experienced Social Security disability attorney to discuss his particular situation because disability evaluation is more complicated than just considering a person's medical conditions. Many disability attorneys offer a free initial consultation.... View More

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1 Answer | Asked in Social Security and Public Benefits for California on
Q: Soc Sec Disability: Ive been denied benefits 2 or 3 times. Why! I have skitzo-affective and

...graves disease, means im going blind. Im 52 yrs old and practically homeless. Is this legal?

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answered on Aug 15, 2023

It's unfortunate that you've been denied Social Security Disability benefits. Having schizoaffective disorder and Graves' disease can certainly impact your ability to work and support yourself. It may be beneficial to consult with an attorney who specializes in Social Security... View More

1 Answer | Asked in Social Security and Public Benefits for California on
Q: Is there a statue of limitations for charging someone with fraud. Someone collected my state disability for a year, sig

signed my name to the check and spent the money.

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answered on Aug 15, 2023

In California, the statute of limitations for charging someone with fraud is generally three years from the date the fraud is discovered or should have been discovered with reasonable diligence. However, it's important to consult with an attorney to discuss the specific details of your case... View More

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