[Brulee46]

I am the Plaintiff in a lawsuit filed against the Social Security Admin for violation of Section 504 of the Rehabilitation Act 1973
I was told to spend down my assets/resources to the maximum allowed($2,000) in order to be eligible for SSI benefits
Under Section 1917 (d)(4(A), (d)(4)(B), (d)(4)(C) of the Social Security Act disabled citizens are allowed to protect assets or set up a Special Needs Trust.
I was not informed og this option when filing my SSI claim

I filed a lawsuit in Federal District court for violation of Section 504 of the Rehabilitation Act 1973 (June 2008)

I received a "Defendant's Motion To Dismiss and Incorporated Supporting Memorandum and Declaration from Office of Disability Adjudication and Review"

Should I file a "Plaintiff's Motion to Proceed and Incorporated Supporting Memorandum and Section 504 of the Rehabilitation Act 1973/Deceptive Trade Practice Act for filing in the above referenced case"

Thanks for your time
Harvey Curry <[email protected]>

[twinkiedooter]

Do you have an attorney or did you file the suit yourself? Sounds like you filed it yourself.

Were you turned down for Social Security Disability? If you were turned down, you can then take your case to an attorney and the attorney will do all the paperwork and coordination of medical records and present your case to the Administrative Hearing Officer to win you're your benefits.

[Brulee46]

My claim was disapproved for excessive resources.
I depleted my assets/resources( April 2006) to the maximum allowed ($2,000) which makes me eligible for SSI benefits.
I received my first check in Nov 2007.
I contacted 20-25 attorneys for representation.
None of the attorneys would take case on contingency
I am insolvent/destitute, due to violation of my disability rights
I have no resources to retain an attorney
I am representing myself
Take a look at http://www.ssa.gov/notices/supplemen...pot-trusts.htm

[twinkiedooter]

You said you received your first check in Nov 2007. So what are you suing them for if you are receiving benefits?

Are you disabled and can't work? If you were turned down for disability benefits then an attorney can take your case for you.

[Brulee46]

I had surgery for a fistula on the bladder in July 2004 and was diagnosed with Crohns.
Doctors determined I was disabled with Crohns(No Cure).

I requested financial counseling
I spoke with a social worker while in the hospital
The social worker met with Social Security about my disability
I provided financial information requested by Social Security
1. Bank accounts
2. Investment portfolio
3. Personal vehicles
4. Credit union account
I was told my assets/resources exceeded the maximum amount allowed ($2,000) in order to be eligible for SSI.
I was told to spend down my assets/resources to the maximum allowed and I would be eligible for SSI
My assets/resources were below $2,000 in April 2006;
I now have no money to pay rent, utilities, perform preventive maintenance on personal vehicle, purchase auto insurance etc.
I filed for an appeal hearing before an Administrative Law Judge and was denied
Congress passed legislation allowing disabled citizens to protect assets or set up a "special needs trust" under Section 1917 (d)(4)(A), (d)(4)(B). (d)(4)(C) of the Social Security Act
Ref: http://www.ssa.gov/notices/supplemen...pot-trusts.htm
The guideline states that I can set up trust fund and still receive SSI benefits without penalty
I am unemployed
I sent letters and called 20-25 attorneys but no one would take case on contingency
I have no financial resources to retain a lawyer
On numerous occasions I contacted Claims Rep and requested status of my SSI claim
The reply was: They are still reviewing your case
I contacted U.S. Senator John Cornyn and explained my problems with Social Security Admin
He contacted Social Security for status of SSI claim and processing of my claim started
First payment received Nov 2007, due to U.S. Senator getting involved
I was unable to get the status of my SSI claim without assistance
The SSI benefit only covers my rent
Take a look at web page www.sites.google.com/site/rehabilitationact1973
You can review case documents

[twinkiedooter]

You mean Social Security Disability. Big difference.

SSD is basically calculated on how much you earned when you were working. There is a formula involved that they use. If you were not earning a high salary when you were working, you would not be receiving a high benefit amount.

Usually there is a several year waiting period involved and a lot of medical records that the Administrative Judge must wade through in order for them to make a determination and even get approved to receive the benefits.

From the way you worded everything I take it that you must have had considerable assets and disposed of them. What made you think you were going to receive a large monthly disability check? You apparently did not understand how the system worked and you misunderstood quite a lot. I am sorry that you didn't receive a larger monthly check, but as I said earlier your benefit amount is determined on your earnings when you did work and how many years you worked as well.

You should have set up the trust fund before you disposed of all your assets. It's a little late now to sue to government just because you listened to someone at a hospital who didn't know what they were talking about or fully explain this to you.

You could possibly qualify for Food Stamps if all your money is going towards your rent.

[Brulee46]

You don't have all of your ducks lined up

1. My paper works says SSI> I worked for the Houston School district for 20 years
2. I can tell you are not visiting the links I provided.
3. I was in the Hospital flat on my back and the social worker contacted social security as part of their assigned duties
4. I also met with social security after being discharged from hospital , that's the only way to file a claim is in person; I was not informed about trust fund when I met face-to-face with Social Security claim Rep
5. There are 2 types: SSD & SSI; claim rep said I did not qualify for SSD ( not enough quarters)
6. Where did you see I was I was expecting a large monthly benefit; That's a false statement
7. You are correct I had stocks and mutual funds
My evidence is in black and white and they are suppose to offer you the option of setting up a trust fund
My background is in Project Management; I don't know anything about Social Security , that's why I went to Social Security for information on disability benefits
The information is on a Social Security Admin "LetterHead"
My case has not been dismissed by the Judge; Meaning My evidence supports grounds for a lawsuit
This is a golden opportunity for you to see how the Social Security Admin with holds information;
Checkout www.sites.google.com/site/rehabilitationact1973 (supporting evidence)

[twinkiedooter]

Some of your links didn't work - I did go there.

I don't understand how you could not have the required quarters having worked for 20 years. Something does not sound right.

You are disabled and should be receiving SSD. The SSI is never the same amount but always lower.

[Brulee46]

Google.
1. Special Needs Trust
2. Section 1917 (d)(4)(A), (d)(4)(B), (d)(4)(C) of the Social Security Act
3. Section 504 of the Rehabilitation Act 1973

Or

Send me your email and I will forward documents for you to review

Harvey Curry < [email protected]>

[Brulee46]

Go to Google.com
> At top of page click- more
> Click sites on menu
> Type in "social security violates rehabilitation act 1973" in search window
>Click site and you can review supporting documented evidence

[sam hill]

Don't give up. Does your dr. say chrones is dibilitating? If he does, take every dr. form you have, highlight that symptom that makes you unable. This shows consistancy. After 2 yrs. I finally got mine and I was triplegic by the time I saw a law judge. There are 50m people on disability. The govt collects over 240m annual for ss. WHAT. If you can prove our disease makes you 100% unfunctioning you got it. Get everything in date order, highlight dr. notes etc. Also ask for a cd of your file. You will then see how ambiguos your doctors comments are and why ss gets confused. Comb the hand written nurses notes and highlight awy. Read everything. And get settled in to kik sum but.

[sam hill]

Our politics costs citizens too much. They need a 25% PAYCUT. The rest of us have, in schools, firemen, police, aid to people in need, medical, children's programs on and on. They do a terrible job and the cuts need to go through all retirement past and present as well. They are not on the same page, they, our employees, are immune to unjustified enrichment. No one is . So fite city hall. Go viral with this message. Lets lobby. Get a letter and get some signage. sam hill