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Public Benefits Questions & Answers
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

James L. Arrasmith
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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

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.

James L. Arrasmith
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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

1 Answer | Asked in Gov & Administrative Law, Government Contracts, Public Benefits and Contracts for Florida on
Q: I was lead to believe that the federal government who do i sue?

I was lead to believe that the federal government would be taking care of the citizen's with hardship I had taken on a tenant to help make bills lower and was initially approved after email requested documents then made appointments to pickup funds upon arrival they asked me to sign the top... View More

John Michael Frick
John Michael Frick
answered on Oct 15, 2023

If you were falsely told by your tenant that they were going to receive government rent assistance which they didn’t receive, you can sue the tenant for the rent they agreed to pay you in your lease agreement.

2 Answers | Asked in Estate Planning, Civil Litigation, Probate and Public Benefits for Washington on
Q: IN CORDE HOMINUM EST ANIMA LEGIS"

What is the meaning of IN CORDE HOMINUM EST ANIMA LEGIS"

John Michael Frick
John Michael Frick
answered on Oct 5, 2023

The spirit of the law is in the human heart.

It’s philosophical phrase used by former Supreme Court justice Thomas Brennan.

It is not a legal rule rule or precept.

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1 Answer | Asked in Consumer Law, Civil Rights, Public Benefits and Small Claims for Washington DC on
Q: I'm A Handicap 34 Year Old Handicap Man In Washington D.C. &, I Have Some Cases!

I, Was Asked Too Get Out Of A Wheelchair That I Was Asked To Get Out Of The Wheelchair I, Was In! Because I Had Feel Asleep!

Tim Akpinar
Tim Akpinar
answered on Oct 3, 2023

A D.C. attorney could advise best, but your question remains open for two weeks. It isn't fully clear what happened in leading up to being ordered out of the wheelchair. I'm sorry for your ordeal. One option could be to try to arrange a free initial consult with an attorney to sort the... View More

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

Nina Whitehurst
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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

James L. Arrasmith
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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?
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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
James L. Arrasmith
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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

James L. Arrasmith
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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

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 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

2 Answers | Asked in Civil Litigation, Gov & Administrative Law and Public Benefits for Illinois on
Q: Can I be denied access to a public building and it’s services for not having an appointment? They close at 5 it was 1:30

The people at the door of the dmv told me I would have to come back with an appointment. I asked if It was alright if I could do a walk-in they said no because they wanted to get everyone out on time

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answered on Aug 31, 2023

In Illinois, public buildings like the DMV often have their own procedures for managing visitor access and appointments, it's possible for public institutions to enforce policies that prioritize scheduled appointments to ensure efficient service.

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