I applied twice no one from their legal department spoke with me giving me an opportunity to refuse or accept the help. Not knowing they would put a lean on my settlement
This one's impossible to answer. Not enough facts here. If you obtained services that were directly related to whatever it is you settled, for instance medicals were accrued during the time after an auto accident related to the accident, then they can assert a lien for your medicals.
If you obtained child support services and the father paid the money, they have a right to collect so much of it as they paid out.
This is a public forum. Any questions or answers published here should not be construed as the giving or receiving of legal advice or the formation of any attorney-client relationship. You should consult with a competent attorney in the jurisdiction where your legal issues are pending and get good, solid legal advice. This being a public forum, those answers you do read are merely given for informational purposes only.
If and when you received benefits from Onondaga County DSS, then you more likely than not signed documentation that indicated the benefits were actually a loan, and that if you received a settlement (e.g., retroactive Social Security Disability (i.e., SSI or SSDI) benefits, lottery winnings, etc.), then DSS was entitled to file a lien against that settlement to repay its loan to you. I included a link to the Legal Aid Society of Mid-New York, which may be able to provide you with some assistance.
If you receive a benefit beyond 90 days you then have a lien on your property. Generally Social Services would not approve you for benefits unless you signed the paper work granting the lien. Your attorney should call the Social Services Office of Counsel. There will be one attorney designated to handle these liens and often a reduced settlement can be proffered in full satisfaction, especially, if you can show hardship to the yourself or a benefit to DSS to accept a reduced amount.
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