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Author Topic: Human Life is Fragile but EVERY Life is Valuable  (Read 5306 times)

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AGelbert

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    • Agelbert Truth AND Consequences

As you folks know, I am now engaged in another "appeal"   ::) to Alaska Legal Services to get representation on the SSA case, which I fully expect to fail.  The first appeal was to the Asst. Director, who works in the same office as the Executive Director and I am certain consulted with her before rejecting the first appeal.  Very unlikely the Executive Director will countermand the Asst. Director on this.  Cupla Girlfriends who have lunch together every day of course.

Originally, I was rejected when I first applied because my assets were too high for this free legal service for poor people.  The reason they were too high was because of the one time award I got from Workman's Compensation, which is precisely what this whole case is about!

In this second rejection, an entirely NEW reason was given, that due to their "limited resources", they can't represent me.  This doesn't surprise me much, given they probably have an overwhelming caseload of poor people with worse problems than I got.

I'm still not quitting on trying to get an attorney though, what I am doing now is some documentation of my attempts to GET an attorney, so that when I go into the hearing WITHOUT one, I can claim my right to representation (which SS themselves informed me I have) and show that I made every attempt to do so.  I will represent myself under duress.  Then the hearing becomes unconstitutional from the get-go and I can file an appeal in the Circuit Court of Appeals on Constitutional grounds. That can go to the **** Supreme Court!  I can face down Neil Gorsuch!  lol.

So, even though I already know after 2 phone calls to the Alaska Bar Association that they have no lawyers listed in their referals who take SS cases, I am sending them a Snail Mail letter requesting that once again this way.  They will reply to me they have no lawyers to refer.  BLAM, that goes in my case file, along with the rejection letter from ALS AND the requests for a Court Appointed attorney sent to SSA which they never responded to.

Now for some really GOOD NEWZ!  :icon_sunny:

Even better than all of this is that tonight I decide to research the Offset Law as pertains to Alaska, and I FOUND the specific case law that applies to my case!  It's SSA's OWN document off THEIR website! Here's the URL if you want to read all 9 pages.

https://secure.ssa.gov/poms.nsf/lnx/1502505002

Here are the relevant paragraphs:

Quote
CONCLUSION

It is our opinion that the Agency should recognize Alaska's reverse offset provision that was enacted in 1977. See AS 23.30.225(b). However, the Agency should ignore the additional provision that the Alaska legislature enacted in 1988. See AS 23.30.225(c). The Agency should disregard the August 1977 Regional Attorney opinion, and should no longer implement the federal offset computation under 42 U.S.C. 424a(a). Therefore, the Agency should change the current POMS guidance as Ms. H~. has requested. See POMS DI 52120.010(A).

a. Alaska WC Payment Types That Meet the Federal Offset Exemption: Temporary Total, Temporary Partial, and Permanent Total

The Alaska legislature enacted its provisions for temporary total, temporary partial, and permanent total WC payments in 1959. See AS 23.30.180, 23.30.185, 23.30.200; and SLA 1959, ch. 193, 7(1-2), 7(5). The Alaska legislature amended these provisions twice after February 1981, namely, in 1983 and 1988. See SLA 1983, ch. 70, 5-6, 8; SLA 1988, ch. 79, 31-33, 35-36. However, these amendments did not affect the reverse offset provision already enacted in 1977. See AS 23.30.225(b); and SLA 1977, ch. 75, 9./ Accordingly, we believe that these WC payment types meet the federal offset exemption, and the agency should implement Alaska's reverse offset when processing disability cases involving these WC payments.

CONCLUSION

It is our opinion that the agency should implement Alaska's reverse offset when computing temporary total, temporary partial, and permanent total WC payments. However, the agency should ignore Alaska's reverse offset when computing permanent partial impairment and reemployment/vocational rehabilitation benefits.

Besides all that, I don't actually receive any benefits from the State of Alaska.  The entire settlement was paid for by a PRIVATE INSURANCE COMPANY!  All WC did was mediate the settlement!

I am going in there with a **** BULLETPROOF CASE!  I am going to have a reporter there from the Frontiersman.  I will record on video also if possible, in full Trotsky RE getup!  :icon_mrgreen:  I will SMOKE these motherfuckers!

Clarence Darrow RE is BORN!  ;D

 RE

GO FOR IT!
 
Leges         Sine    Moribus     Vanae   
Faith,
if it has not works, is dead, being alone.

 

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