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Maverick, Lawyer
Category: Employment Law
Satisfied Customers: 5733
Experience:  20 years professional experience
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I am an attorney practicing in the state of Illinois. I

Customer Question

I am an attorney practicing in the state of Illinois. I submitted a question about the pleading and service requirements regarding social security retirement benefits on 8/16/16. Specifically, I need to know the pleading requirements for a preliminary injunction and how to obtain service to require the administration to continue retirement benefits during the pendency of the case. I provided my email address of ******************. I have provided my credit card information but have not received a response.
Submitted: 2 months ago.
Category: Employment Law
Expert:  Samuel II replied 2 months ago.


This is Samuel. Do you want to file the Injunction with Notice? Or without Notice? Without Notice would require you being able to show that harm would come to your client if Notice were given.

Customer: replied 2 months ago.
With notice.
Customer: replied 2 months ago.
We are not looking to file a TRO. We are seeking a preliminary injunction to keep the administration paying retirement benefits during the determination of whether a lawsuit filed in 2011 following termination in 2010 and the settlement for wrongful termination paid in 2015 was deferred compensation under SSA rules.
Expert:  Samuel II replied 2 months ago.

Thank you. I need to opt out and allow another professional to assist you with this. Your deposit will remain. Please do not respond here at this time because that could delay another professional helping you. Thanks for your patience and I apologize for any inconvenience.

Expert:  Maverick replied 2 months ago.

Welcome! My name is Maverick. Please give me a few minutes to analyze and/or research your inquiry and I will be back.

Expert:  Maverick replied 2 months ago.

It appears that what you need to do here is to sue the SSA in a declaratory judgment action and then file a motion for preliminary injunction. Here is a sample motion for preliminary injunction. Here is a sample complaint for declaratory judgment. Here is the law. Here is the related FRCP.

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