How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Law Educator, Esq. Your Own Question

Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 92469
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
10285032
Type Your Criminal Law Question Here...
Law Educator, Esq. is online now
A new question is answered every 9 seconds

VERY weird situation - not sure if I should be retaining council.

Customer Question

VERY weird situation - not sure if I should be retaining council. In early 2012, the local DSS office contacted me regarding my income. I had a business, which I just got in a divorce that past May. It was seasonal, only open Jan-Dec. I provided them all the information, and when they tried to say I owned 3 seperate businesses - I called them out on their mistake - because I did not. The other businesses has similar names to mine, but I was and never was owner. I heard nothing since. This was January 2012.

I married in August, and in September, I merged my company with another, receiving a closing payment, and due 3 continuency payments. They cut my insurance off saying they did not understand the contract. For 7 months I fought with them, finally giving up.

Last week, I applied again, because I am 12 weeks pregnant. They again asked for my contract, which payments were made to me over 7 months ago, the next is due in 3 months. I did miss an appointment to drop it off, and an investigator showed up at my door saying "he happened to be in the area so for convienience for me, he stopped in for it". I gave it to him.

Today, I find out that my case was CLOSED on the 29th! So, why and what right did he have to obtain my paperwork? I am fearing that old case from January may be opened back up and I was tricked. Should I be worried? I spoke with him, recorded it as well, and he said he simply did me a favor coming there, he had nothing to do with my case, and I had to speak with my worker on my pending application. He assured me he gave her the contract, and she told me she submitted it to the legal dept for review on eligibility. She also said I needed one more paper, and even though it was set to close, if the legal team thinks I'm eligible, then the case would be reinstated.

If fraud was suspected, wouldn't the investigator have to disclose that to me when I asked him why he took my papers after my pending case was closed? Also, this is a prenatal only medicaid application, and income over 30 days is supposed to be resources. Income 3 months away, shouldnt be counted now should it????
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

If they were investigating this as fraud, they would have to inform you that you were subject to such an investigation and that you had a right to an attorney, since that would be a criminal matter.

At this point if DSS tries to deny your benefits, THEN you do need an attorney and you would have to file an appeal immediately to seek to have your benefits awarded if they are denying them on mistaken information.



I truly aim to please you as a customer, but please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. Please consider that I am answering the question or question that is posed in your posting based upon my reading of your post and sometimes misunderstandings can occur. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered.

Kindly remember the ONLY WAY experts receive any credit at all for spending time with customers is if you click on OK, GOOD or EXCELLENT SERVICE even though you have made a deposit or are a subscription customer. YOU MUST COMPLETE THE RATING FOR THE EXPERT TO RECEIVE ANY CREDIT, if not the site keeps your money on deposit.

Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.

Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 92469
Experience: Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
Law Educator, Esq. and 9 other Criminal Law Specialists are ready to help you
Customer: replied 1 year ago.

So my documents they collected for my "pending application" may not be disclosed to the fraud department simply because I handed them in for a pending application? They would have had to tell me that verbally or in writng if they wanted to look over my contract? Also, when I had called my worker, she said "I have notes here that you obtained an attorney therefore cannot speak with you", but I corrected her because I DID NOT obtain an attorney regarding my application, my business attorney had a COPY of my contract which I had to get a copy from for the application. I asked straight forward, "Do I need an attorney for something??" and she said No. So, if they turned this into a fraud case, they would have illegally obtained my contract, along with purposily misleading me?

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your follow up.

Yes, the documents can be submitted to the fraud department if they believe fraud was involved once they reviewed your case. From what you describe, there was no fraud involved in the matter though, but they will be looking at them I am sure to make sure that it is not fraud. Many times when they collect documents for a pending application they do not know any fraud is involved and it is only AFTER they get the documents that they find a possible fraud and they decide to investigate further, so they did not illegally obtain the documents.

You do not need an attorney until it gets to the point they either notify you that they suspect fraud and are continuing to investigate or until they deny benefits and you appeal.
Customer: replied 1 year ago.


Ok then I am fine. The monies were received in months I had no assistance, and 7 months old. Thank you.

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you. I am sure you would be fine if that is the case.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends. Norma Pensacola, FL
< Last | Next >
  • Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends. Norma Pensacola, FL
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
 
 
 

Meet The Experts:

 
 
 
  • Fran L.

    JustAnswer Criminal Law Mentor

    Satisfied Customers:

    8061
    18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/RE/retiredlawyer/2012-6-6_19326_franL.64x64.jpg Fran L.'s Avatar

    Fran L.

    JustAnswer Criminal Law Mentor

    Satisfied Customers:

    8061
    18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    2079
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/NA/nathanmoorelaw/2011-5-31_21375_headshotbig.64x64.jpg Nate's Avatar

    Nate

    Lawyer

    Satisfied Customers:

    1625
    Over 10 years of criminal defense practice.
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Lawyer

    Satisfied Customers:

    1434
    30 years legal experience
  • http://ww2.justanswer.com/uploads/PH/philip.simmons/2012-6-7_161915_BIGPhilipSimmons.64x64.jpg P. Simmons's Avatar

    P. Simmons

    Lawyer

    Satisfied Customers:

    1418
    16 yrs. of experience including criminal law.
  • http://ww2.justanswer.com/uploads/marshadjd/2009-6-1_194320_marshajd.jpg Marsha411JD's Avatar

    Marsha411JD

    Lawyer

    Satisfied Customers:

    1380
    Licensed attorney with 27 yrs. exp. in criminal law
  • http://ww2.justanswer.com/uploads/RO/RobertJDFL/2012-6-6_175352_7538220120606.64x64.jpg RobertJDFL's Avatar

    RobertJDFL

    Lawyer

    Satisfied Customers:

    1300
    Experienced in multiple areas of the law.
 
 
 
Chat Now With A Criminal Lawyer
Law Educator, Esq.
Law Educator, Esq.
Attorney At Law
6863 Satisfied Customers
Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience