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Louisiana Social Security Questions & Answers
Q: How to establish a medical power of attorney for a mentally challenged aunt in Louisiana?
I am seeking guidance on how to establish a power of attorney in Louisiana for my aunt, who is mentally challenged. Although I am the payee for her Social Security income, I need to obtain the authority to manage her medical needs as well. This would allow me to make necessary decisions for her in... View More 
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James L. Arrasmith
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answered on Oct 21, 2025
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answered on Oct 21, 2025
In Louisiana, a medical power of attorney—often called a “mandate” or “health care proxy”—allows you to make medical decisions for your aunt if she cannot do so herself. The first step is determining whether your aunt has the mental capacity to understand and sign the document. If she... View More
Q: Am I entitled to claim benefits from my deceased ex-husband's social security or pension?
I was married to my ex-husband for 26 years. We divorced and neither of us remarried. He has recently passed away. I am 65 years old and I have our divorce decree. Am I entitled to claim any benefits from his social security or pension?
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James L. Arrasmith
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answered on Oct 9, 2025
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answered on Oct 9, 2025
Yes, you may be eligible to receive survivor benefits from your ex-husband’s Social Security, given the length of your marriage and your current situation. Because you were married for more than ten years, never remarried, and are over the age of 60, you meet the basic criteria for Social... View More
Q: Car in my name, son not paying, dealer pursuing me
I allowed my son to get a car in my name from a dealer, but he is not making the payments. I receive SSA monthly, and the dealer is now coming after me since everything is in my name and my son's name is not on the paperwork. I did not sign the paperwork, but I gave permission for the... View More
Randy Bryan Ligh
answered on Oct 8, 2025
answered on Oct 8, 2025
If your name is on the paperwork then the creditor/dealer will come after you although I am not certain by what you mean when you say that you did not sign the paperwork. I suggest that you use the Justia Find a Lawyer and search for consumer lawyers in your area, contact a few and see if they... View More
Q: Can MetLife require repayment after SSDI award?
I have been paying for a disability policy through my healthcare benefits at work, which includes Short Term Disability (STD) and now Long Term Disability (LTD) with MetLife. Recently, MetLife required me to apply for Social Security Disability Insurance (SSDI), which I was awarded. I received a... View More
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James L. Arrasmith
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answered on Aug 20, 2025
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answered on Aug 20, 2025
When you receive Long Term Disability benefits from a private insurer like MetLife, the policy almost always contains an “offset” clause. This means that if you are later awarded Social Security Disability Insurance, the insurance company can reduce what they pay you by the amount of your SSDI... View More
Q: Should I hire a lawyer for my disability case appeal in Alexandria, LA?
I have been denied disability benefits three times despite suffering from several conditions, including bipolar disorder, sleep apnea, severe depression, a lumbar strain injury, and three fractured vertebrae from an accident. The appeals board does not believe these conditions prevent me from... View More
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James L. Arrasmith
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answered on Aug 20, 2025
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answered on Aug 20, 2025
It sounds like you have been through a very long and exhausting process already. After being denied three times, your case has reached the point where you will be appearing before an administrative law judge. This stage is often the most critical because it is your opportunity to explain directly... View More
Q: How do I apply for SSDI with a mental illness and no work history?
I have been officially diagnosed with a mental illness and am under the care of a mental health professional. I'm seeking to apply for Social Security Disability Insurance (SSDI), but I have never worked before. How should I proceed with the application process, and what options or steps... View More
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James L. Arrasmith
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answered on Jul 26, 2025
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answered on Jul 26, 2025
If you’ve never worked, you likely won’t qualify for SSDI, since that program is based on work credits earned through employment. Instead, you may want to apply for Supplemental Security Income (SSI), which is available to people with disabilities who have limited income and no substantial work... View More
1 Answer
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Criminal Law, Social Security, Legal Malpractice and Public Benefits
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Louisiana
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Q: How can I change my public defender given my financial situation?
I am facing charges for Schedule II drug offenses and two simple battery incidents in Minden, Louisiana. My court date is the 30th of this month for a status conference. Although I receive Social Security and have no other income, my current public defender isn't providing effective... View More
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James L. Arrasmith
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answered on Jun 13, 2025
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answered on Jun 13, 2025
You do have the right to request a new public defender if you can show that your current attorney is not providing effective assistance. Since you’re already receiving Social Security and have no other income, you still qualify for a court-appointed lawyer. But the court won’t change your... View More
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Health Care Law, Medical Malpractice, Social Security, Personal Injury and Public Benefits
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Louisiana
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Q: What legal options ensure medical treatment and confidentiality for misdiagnosis and HIPAA violation?
I've been diagnosed with sickle cell anemia, cirrhosis of the liver, CNS deterioration, and moderate brain damage, yet I have not received adequate medical treatment. My previous doctor violated HIPAA by sending my information to Raceland Mental Health, leading them to contact me with false... View More
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James L. Arrasmith
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answered on Apr 27, 2025
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answered on Apr 27, 2025
Looking at your concerning situation, you have multiple legal options to address both the HIPAA violation and medical negligence issues. You can file a complaint with the Department of Health and Human Services' Office for Civil Rights (OCR) regarding the HIPAA violation within 180 days of... View More
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Social Security, Appeals / Appellate Law, Juvenile Law and Public Benefits
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Louisiana
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Q: Can I receive Social Security benefits based on my deceased father and unresolved childhood PTSD?
I am trying to determine if I can receive Social Security benefits based on my deceased father, who passed away several years ago. While he was alive, I received Social Security benefits through him as a child, but not for disability despite incidents of juvenile incarceration and assault.... View More
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James L. Arrasmith
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answered on Apr 27, 2025
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answered on Apr 27, 2025
Your situation involves two potential benefit streams: survivor benefits based on your father's Social Security record and disability benefits based on your PTSD with an earlier onset date. Regarding survivor benefits, adult children may qualify if they became disabled before age 22, which... View More
Q: Issue with Medicare premiums and Social Security reimbursement
I recently discovered that Medicaid has been paying my Medicare premiums under SLMB for years without my knowledge. A Medicaid representative mentioned I might be entitled to a large reimbursement. However, he noted that Social Security might only reimburse me back to when the switch from SLMB to... View More
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James L. Arrasmith
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answered on Apr 1, 2025
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answered on Apr 1, 2025
Your situation regarding Medicare premium payments and potential reimbursement presents several complex legal considerations that merit thorough investigation. The discrepancy between Medicaid's payment of your Medicare premiums under the Specified Low-Income Medicare Beneficiary (SLMB)... View More
Q: Can Louisiana garnish my social security retirement benefits for arrears when no current support due
The children are over 20 years old
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James L. Arrasmith
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answered on Sep 12, 2024
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answered on Sep 12, 2024
In Louisiana, Social Security retirement benefits can generally be garnished for child support arrears, even if no current support is due and the children are now over 20 years old. This is because the state can enforce unpaid child support obligations that were established while the children were... View More
Q: Can the state of Louisiana garnish my social security retirement benefits from arrears with no current child support due
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James L. Arrasmith
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answered on Sep 12, 2024
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answered on Sep 12, 2024
Louisiana cannot typically garnish your Social Security retirement benefits for child support arrears if there is no current child support due. Social Security retirement benefits are generally protected from garnishment by most creditors, but child support and alimony are exceptions. However, this... View More
1 Answer
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Family Law, Identity Theft, Social Security and Public Benefits
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Louisiana
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Q: if someone has a power of attorney over someone else can it be revoked especially if it is without that persons consent
A woman has a mother who may have a power of attorney for her because the mother has taken all of the woman’s property and social security checks and has left the daughter to fend for herself in poverty. First I need to find out if the mother has a power of attorney for her daughter and if she... View More
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James L. Arrasmith
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answered on Jul 11, 2023
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answered on Jul 11, 2023
A power of attorney can be revoked at any time by the principal, even if it was granted without their consent. The principal can revoke the power of attorney by signing a written revocation and delivering it to the agent. If the principal is unable to sign the revocation, they can appoint someone... View More
1 Answer
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Civil Rights, Landlord - Tenant, Personal Injury, Social Security and Public Benefits
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Louisiana
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Q: I need to speak to someone about section 8, my disabilities, threatening phone calls from parish and landlord, and othe
I really need to speak to someone asap in regards to my health section 8 and important other factors
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James L. Arrasmith
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answered on Mar 4, 2023
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answered on Mar 4, 2023
I'm sorry to hear that you are experiencing these issues. I recommend contacting your local Section 8 office or the Department of Housing and Urban Development (HUD) for assistance. You can find your local Section 8 office by visiting the HUD website and using the Office Locator tool. You can... View More
3 Answers
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Estate Planning, Real Estate Law, Military Law and Social Security
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Louisiana
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Q: Need ask for assistance preparing a will
Christie Tournet
answered on Feb 24, 2023
answered on Feb 24, 2023
Louisiana only permits 2 types of Last Wills: a handwritten will which is valid, if all form requirements are met (Testator's own handwriting, dated, and signed), or a notarial Will, which when all form requirements are met is "self-proving." Handwritten wills are not self proving,... View More
Q: If I’m a long term care giver of spouse an married 31 yrs, plus not on bank acct can he put me on the streets?
He is trying to push me out the door with no where to go. My immediate family has all past away so I can’t borrow money for a place to stay.
Ellen Cronin Badeaux
answered on Dec 17, 2021
answered on Dec 17, 2021
You are probably co-owner of the house. Call Southeast Louisiana Legal Services.
Q: I think I have an investigation with the social security disability administration against me and I am on parole I am to
See how I can go about resolving this where I dont go to jail
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Elizabeth Fowler Lunn
answered on Apr 10, 2021
answered on Apr 10, 2021
If you believe you are under investigation for fraud by the Social Security Administration then you need to consult with a criminal law attorney who is experienced with federal fraud cases. They will be able to help you determine if you are actually under investigation and can advise you about... View More
Q: My husband states that he will not have to pay temporary spousal support because he gets Social Security Disability
It cant be taken out by law even though he has supported me for the last 10 years...Im applying for disability. Is this true
Ellen Cronin Badeaux
answered on Jun 28, 2020
answered on Jun 28, 2020
It can't be garnished but he can be ordered to pay you.
Q: My husband made a baby while being incarcerated is that right
Ellen Cronin Badeaux
answered on Mar 22, 2020
answered on Mar 22, 2020
There's gotta be some pretty unusual circumstances. Someone needs to call a paternity lawyer.
Q: Which parent will receive disability benefits for the minor children?
If the non custodial parent receives disability and the children get benefits from the disabled parents benefits, which parent receives the children’s benefits each month?
Ellen Cronin Badeaux
answered on Mar 16, 2019
answered on Mar 16, 2019
The custodial parent receives the children's benefits as long as a copy of the Custody Judgment has been sent to the agency.
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