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Tina
Tina, Lawyer
Category: Employment Law
Satisfied Customers: 8183
Experience:  JD, BBA, recognized by ABA for excellence.
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My son is an invalid/paraplegic who gets services from

Customer Question

My son is an invalid/paraplegic who gets services from DHS/DRS for home care, he was assigned a new caseworker in 2015,On Jan.12th 2016 the caseworker called me and violated my sons civil rights and did not follow any state laws and cut his hours of care that day and stated "It Depends On The Powers That Be", I won his hours of care back on appeal and the caseworker was instructed by the appeals officer to also do a reassessment of his Determination of Need for more hours of care because he requires 24 hour care and lives alone, It has been continuous emails for 6 months now to her supervisor and the appeals officer and the caseworker still has not completed the Determination of Need, I believe it is racially motivated and an abuse of power, my son is white.
Submitted: 5 months ago.
Category: Employment Law
Expert:  Dwayne B. replied 5 months ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

First, can you explain how they violated his civil rights? Just a sentence or two would be fine.

Second, is there a specific question with which I could assist?

Customer: replied 5 months ago.
His civil rights were violated when his hours of care were cut without just cause, I have researched and it is a civil right that we are all entitled to care whether it is in an institution or at home. What course of action should I take?
Expert:  Dwayne B. replied 5 months ago.

What do you want to achieve? The ultimate objective as to this issue?

Customer: replied 5 months ago.
I just realized you are an employment lawyer, it's not your field of expertise. Thank You
Expert:  Dwayne B. replied 5 months ago.

Actually we are involved in more than just one area of the law. This was placed in the employment law category and should have been in the General law area but ti was moved there.

I have been involved in many, many lawsuit involving health care issues as well as civil rights.

Do you want me to continue?

Expert:  Dwayne B. replied 5 months ago.

Also, I am an expert in about 8 different areas of law on JustAnswer, including General Law.

Customer: replied 5 months ago.
I am looking for a lawyer to file a lawsuit against the State for violation of civil rights and get my son the care that he needs.
Expert:  Dwayne B. replied 5 months ago.

We don't actually file lawsuits for customers of the website. All of the experts on here are prohibited from representing customers who come via the website. I can answer the questions you have but first I need you to answer the questions I put above. I will put them below for your convenience.

What do you want to achieve? The ultimate objective as to this issue?

Customer: replied 5 months ago.
O.K. your a lawyer, but I guess you can't help me & this is just a on line chit chat bull to scam money from individuals.
Customer: replied 5 months ago.
What do I want to achieve? Get my son the care he is entitled to. The ultimate objective? File a civil rights lawsuit against the state. But you can't help
Expert:  Dwayne B. replied 5 months ago.

I'll opt out. Most people find this service extremely helpful but we have to have the correct information and questions before we can help the customer.

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