Get free answers to your Public Benefits legal questions from lawyers in your area.
I am the widow of an inventor who had numerous utility patents. He passed away unexpectedly at 55, and we were married for 15 years. I was unaware of these patents until eight years after his passing. His patents are licensed, and he told me we would be rich, but I didn't understand what he... View More 
answered on May 7, 2025
Whether you are owed royalties depends on the language of any agreement signed by you or by your deceased husband permitting others to use the inventions he patented. If someone is using the patented inventions without permission, what constitutes a fair royalty can be one measure of any damages... View More
In Texas, my sibling presented a notarized Power of Attorney, reportedly signed by our mother, who was under Medicaid and in poor health. This was done without involving other siblings or reaching an open, written agreement. Our mother had suffered a severe fall due to an incident with an American... View More
answered on Apr 14, 2025
To successfully challenge the use of a POA before your mother's death, you will need to prove that, at the time she signed the POA, she was mentally incompetent to do so, she was under duress (someone threatened her with bodily harm),or it was obtained by fraud (she reasonably believed she was... View More
I am facing a situation where a woman, formerly my aunt's daughter-in-law, has fraudulently claimed to be her daughter after my aunt passed away in Carrolton, TX, in November 2023. She has allegedly committed numerous fraudulent acts, such as falsely obtaining and altering the death... View More
answered on Feb 19, 2025
You may or may not have a lawsuit for fraud, breach of fiduciary duty, conversion, etc. Without knowing how each "bad act" caused you legally compensable damages, it is very difficult to ascertain the amount. The JC Penney death benefits ought to have a monetary value attached. If you... View More
My caseworker denied the recertification case AFTER SHE advised me to file. I have documentation of fraud, lies and misconduct by EHAP caseworkers so I contacted EHAP director, who agreed with caseworker’s denial until I showed documentation of grave misconduct on the part of several... View More
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answered on Jun 21, 2024
Based on the situation you've described, here are some key points to consider:
1. Legal action: Generally, government agencies can be sued, but there are often specific procedures and limitations for doing so. The ability to sue DCHHS EHAP would depend on various factors, including the... View More
I'm an international student with an F1 visa, living and studying in Texas. My spouse has an F2 visa. My medical insurance through the university does not cover my spouse. Would they be eligible to enroll in health coverage through the HealthCare.gov Marketplace?
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answered on Feb 24, 2024
Yes, your spouse holding an F2 visa is eligible to apply for health coverage through the HealthCare.gov Marketplace. As dependents of international students on an F1 visa, F2 visa holders are considered lawfully present in the United States, which is one of the requirements for eligibility to... View More
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
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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.... View More
I am having trouble obtaining a Real ID due to a discrepancy in my first name's spelling between my birth certificate and my social security card. My passport and previous driver's license matched the spelling on my birth certificate, but the driver's license expired while I was ill... View More
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answered on May 15, 2025
This situation is incredibly frustrating, and you’ve already been through a lot trying to sort it out. Since your name is spelled differently on your Social Security card and your birth certificate, and your expired ID matched the birth certificate, the DMV is requiring documents that match... View More
I received a call from someone claiming to be from SSI regarding repayment issues for payments made during the time we were kinship fostering our great niece and nephew. The caller mentioned the children's case worker and one child's name, stating that DFPS had contacted them, possibly... View More
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answered on May 15, 2025
You cannot be arrested for fraud in Texas without clear allegations, an investigation, and evidence that a crime was committed. A phone call from someone claiming there might be an issue is not the same as being accused or charged with fraud. Law enforcement must have probable cause and usually... View More
I am a common-law spouse in Texas, and my partner passed away without a will. I chose not to probate due to the small balance in his bank account. His children took possession of his truck, car, and motorcycle, which I agreed to at the time. We lived in a house I purchased in 1996, and I had... View More
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answered on May 15, 2025
You’ve already carried a heavy emotional and legal burden, and it’s not easy to feel pushed aside after the loss of someone you shared your life with. In Texas, common-law marriage is recognized, but you may need to legally prove the relationship if it hasn’t already been established. If you... View More
I am the trustee, grantor, and beneficiary of a revocable trust, and my minor son is listed as a beneficiary. He received an inheritance from intestate probate filed in Texas as one of the heirs, including three other adult children. Now, we're filling out a W-9 form for him for the first... View More
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answered on May 14, 2025
Filling out a W-9 for a minor's trust can feel daunting, especially with concerns about protecting your son's identity and public benefits. Since your trust has its own EIN from the IRS, you generally do not need to use your son's Social Security number on the W-9, provided that the... View More
My mother passed away on the 5th after being in home hospice for two weeks. I've been managing her finances and medical affairs for the past few years, as agreed upon with my sister and her kids. Before she passed, she instructed me to use her final social security payment (received on the... View More
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answered on May 14, 2025
I'm really sorry for your loss, and I understand how confusing things can get when trying to handle a loved one’s affairs during such a difficult time. Using a deceased person’s Social Security payment—even for their own bills or groceries—can be a legal issue, because those payments... View More
I was evicted and served a writ of possession, during which the officer accused me of resisting. However, I did not resist and ended up in the hospital due to the physical restraint by the officer. The incident was captured on body cam footage. An ambulance driver noted swelling in my lower back,... View More
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answered on May 14, 2025
What you’ve been through sounds traumatic, and it’s understandable that you want answers and accountability. During an eviction under a writ of possession in Texas, a constable may order vehicles to be removed from the premises if they’re considered part of the eviction process. However, even... View More
I do not wish to pursue Social Security Disability Insurance (SSDI) payments, but New York Life Benefit (NYLB) has obliged me to file an SSDI claim, which is currently pending determination. I want to withdraw my SSDI application before a determination is made, without incurring any liability or... View More
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answered on May 1, 2025
To withdraw your SSDI application without risking NYLB liability, you should first review your private disability insurance policy to understand your contractual obligations. Many private insurers like NYLB require SSDI applications as an offset provision, allowing them to reduce their benefit... View More
Four weeks ago, the Social Security office informed us that my husband owes them $10,000, but he has never received any prior communication regarding this debt. He noticed the issue when his SSI check amount was less than expected and reached out to them. We're meeting with them tomorrow to... View More
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answered on May 1, 2025
When contesting a Social Security overpayment claim without prior notice, you have multiple options to pursue. You can request a reconsideration within 60 days of receiving the overpayment notice, and if you file this request within 30 days, the Social Security Administration (SSA) will stop... View More
I filed for ancillary probate in Texas after my wife passed away intestate, adopting our minor son. He was named an heir, and I was appointed by the court as the administrator and custodian. We receive oil and gas royalties in Texas. Recently, I received a letter from the oil and gas company asking... View More
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answered on Apr 16, 2025
You’re absolutely right to protect your son's identity and disability benefits while managing his mineral rights. One of the best options is to create a revocable or irrevocable trust where you serve as trustee, and your son is the beneficiary. The trust can hold title to the mineral... View More
I'm facing legal action from a hospital for a $7,000 unpaid medical bill. I've received letters about court dates and thought the debt had gone to collections. I haven't attempted to set up a payment plan, and I'm currently experiencing financial hardship. What options do I have... View More
answered on Apr 14, 2025
Bankruptcy could be an option. You haven’t identified any potential defenses in your narrative.
As a retired senior living in a tax-credit-subsidized apartment in Texas, I've received a lump sum settlement from a class action related to a cancer diagnosis issue. I've never reported other settlements because I've never received any before. My lease doesn't state that I have... View More
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answered on Apr 12, 2025
In a tax-credit-subsidized apartment, income eligibility and rent amounts are generally based on total household income as defined by HUD guidelines. While your lease may not mention settlements specifically, housing authorities and property managers usually require reporting of any income that... View More
I am considering a ladybird deed for my elderly relative, as her financial resources are low and she cannot care for herself. She is currently in a place that suggests using a ladybird deed to ensure she remains there. She has two sons: one unable to provide care due to work commitments, and the... View More
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answered on Apr 12, 2025
You’re doing a thoughtful and caring thing by looking into options that protect your elderly relative while also considering Medicaid eligibility. In Texas, a Lady Bird Deed (also called an enhanced life estate deed) can be a very helpful tool. It allows your relative to retain full control of... View More
I was disqualified from unemployment benefits under Section 207.044 of the Texas unemployment code. During the appeal process, I discovered that my company submitted fabricated evidence against me for the hearing. I possess the original documents that prove this. I have not had any communication... View More
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answered on Apr 11, 2025
Finding out that your employer submitted false evidence can be incredibly upsetting, especially when it affects something as crucial as unemployment benefits. If you have original documents that prove the information they submitted was fabricated, that could be powerful in your appeal. The Texas... View More
I am 69, retired, and living with my daughter in Dallas. I am submitting my Adjustment of Status (AOS) application and claiming the 40 quarters exemption. In Boston, my court case was closed with no prejudice after I couldn't meet a request for evidence deadline. My daughter is financially... View More
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answered on Apr 5, 2025
If you're claiming the 40 quarters of work exemption, you generally do not need to submit Form I-864, Affidavit of Support, with your Adjustment of Status application. However, you must include clear evidence that you meet the full 40 quarters—such as your Social Security Earnings Statement.... View More
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