Hi, thanks for your inquiry! I have been practicing law for 17+ years and have specific experience with issues similar to yours. That being said...
I want to sue the Social Security Admin. That is understandable. Not typically successful under these facts, due to immunities, etc., but understandable.
I have been lied to, I have been humiliated,ETC. This is a long story. I will cut it as short as poss.I hired a law firm and won my disability.Got my back payment,My lawyer got theres. Then I applied for my survivors income to be reinstated, no problem. I did this on my on,no lawyer involved.I was granted my reinstatement immd.But the case worker sent my old lawyer 25o/o of the back pay owed to me.Big mistake on there part. It happens, people being human.
My lawyer got the check and insted of just them cutting me a check they sent it back to SSA. Yes, this is required. If he cashed it, he'd be taxed on it has income, when it is not supposed to be his income but your income. He is only supposed to accept a fee that he is entitled to.
Well this was in Nov..2012 I called SS in Jan. 2013 they said they had not recieved the refund. So I called a few more times in Jan 2013 to be told the same thing. I contacted my x lawyer they assured me of the refund. Feb.2013 Called SS they said yes they recieved it an I would have my check within 30 days.Well no check.So everytime i have called sense then i get a differant story.They mailed it,or direct deposit, or they havent recieved a refund from the lawyer. Be sure to always document who you spoke to, specificaly, when and about what. Then follow up that conversation with a letter mailed. cert. RRR to the SSA.
By the way I have called every Tue sense Jan. 2013 A investigator got involved from SS assured me he had found my money in Kansas payment center and I would have it by Feb.26th 2013. Didnt happen.So now when I call all records have disapeared. Like this situation never exsisted.Well theres alot more to this.But anyway Im at my wits end. I only get between the 2 checks right at 500$mo. Im disa.cant work,an now im on a chemo med. for my illness. So sorry!
I have no script coverage,cause they didnt give me part D.So anyway they no this.I want to sue them for emotional stress, or anguish. Unfortunately, not a valid cause of action against this government agency :( Governmental immunities typically prevent.
Whatever it is. I dont have the money to hire a lawyer to help me. So what can I do. Believe it or not, "the last guy" has exactly the right answer.
Oh yeah the last guy at SS told me to call my congressman,HAHA Like he will speak to me. If you take it less literally, utilizing your Congressman's SS team is the BEST way to fix clerical screw ups like this. I use mine whenever something like this happens and a few weeks, some calls, and a couple of letters fail t get me a competent handling of the situation. But, what you want to do is get your proofs together, in a concise and understandable narrative of what has happened, and ask the Congressman to perform a "Congressional Inquiry" in order that this may be resolved before you suffer major medical harm as a result of not receiving this portion of your moneys.
First, find your Congressman's office website (not his campaign site, if you find that one). Look for a section about Social Security help - and use the contact info there to send your info. Ideally, you can fax it or email it (if you have your documentary proofs scanned into the computer) so you don't have to rely on snail mail which can take 'forever'. I typically see a check within 2-3 weeks once the Congressman's team makes it inquiry, getting someone to finally get the work done that is needed to resolve.
With regard to suing, while it is your right to file suit and you are not required to use a lawyer (just study up/read the books on how to do it) - you will first want to determine if there is governmental immunity that protects the federal agency from suits for negligent handling of a claim. You will want to know that first, so you can then know if you can actually win the suit. Anyone can start the suit, but not always does that mean success, even if all one claims is 100% true.
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