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socrateaser
socrateaser, Lawyer
Category: Legal
Satisfied Customers: 33381
Experience:  Retired (mostly)
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I need an Arizona attorney familiar with laws governing Personal

Resolved Question:

I need an Arizona attorney familiar with laws governing Personal Assistants for the disabled and the limit of income the said disabled person can make. There has been a huge mistake by an employee for the State of Arizona that has caused my son to totally lose all of his Personal Aid benefits. The problem is that this 'guidance' was verbal and not written down. I despartly need help as soon as possible. My son has already had to use up the inheritance from his grandmother before even getting any type of assistant.
Submitted: 1 year ago.
Category: Legal
Expert:  wendy-Mod replied 1 year ago.

I am sorry, but because this site is independent and wants to maintain its integrity in providing honest, unbiased information to customers, professionals cannot represent anyone from this site or make personal referrals.

To find a lawyer, please contact your State Bar Association's Legal Referral Service at
http://apps.americanbar.org/legalservices/lris/directory/ This is the same place where lawyers themselves go when they need to consult with an attorney from another state.

If you'd like any other information from our legal professionals, please let me know and I will search for one for you. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Wendy

Customer: replied 1 year ago.

Dear Wendy,

First let me apologize for my question being so long.

I just wanted to present all the facts.

1) I know you cannot refer me to a specific lawyer, I just wanted to know which "type" of lawyer we should look for. I hope that makes more sense.

2) Does my son have a chance at all in possibly 'fighting' this change because he was given erroneous information, but is was verbal not written done.

3) Could he ask his employer to lower his wages so that he did fall into the allotted amount so he may keep his PAs paid for by Medicare?

I hope that all makes sense.

Again, I just need an attorney from AZ who knows about these types of things.

Sincerely,

Linda

Expert:  wendy-Mod replied 1 year ago.
Hello Linda,

Thank you for clarifying that. We'd be glad to continue searching for a professional to help you.

Thank you for your patience and understanding.

Regards,
Wendy
Expert:  socrateaser replied 1 year ago.
Hello,

Customer service asked me to review your question. For full-disclosure purposes, I must inform you that I am not licensed to practice law in Arizona. However, I believe I can answer your questions, regardless. You asked:

I need help on how he can correct this problem, what he should do so he may reinstate his paid assistance for his PAs and not have it taken away due to this current job. Can he legally ask his employer to lower his rate of hourly pay so that he falls below the magical $2,000 Gross Income per Month?

A: This isn't a bad idea, actually. Frankly, I would not have thought of it. There's some question as to whether or not it would be a fraud on the government. However, since the alternative is that your son must quit his job, the reason for the pay reduction is not to cheat the government out of its money, but rather to be able to maintain employment. Whether or not the employer would consent to the pay cut is unknown -- but if your son simply states that unless his pay is reduced, that he will have to quit, that could be sufficient negotiating leverage. It's an odd circumstance, for sure.

Should he retain an attorney? Who in Tempe, AZ, would be the best for him?

A: The only reason to retain legal representation is if your son intends to sue the government for misrepresentation. It's not at all clear that the statement of the government worker is something that your son was justified in relying upon in deciding whether or not to seek employment. This could be a long, drawn out and expensive legal battle, with associated attorney's fees, and a low likelihood of damages sufficient to compensate the lawyer for his/her efforts. Therefore, a lawsuit would seem to be a dead end.

Hope this helps.
socrateaser, Lawyer
Category: Legal
Satisfied Customers: 33381
Experience: Retired (mostly)
socrateaser and 3 other Legal Specialists are ready to help you
Customer: replied 1 year ago.

Dear Socrateaser,

Thank you so much for responding.

I will pass this information on to my son.

Sincerely,

Linda

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