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Joseph
Joseph, Lawyer
Category: Legal
Satisfied Customers: 4875
Experience:  Attorney with significant and substantial experience in multiple areas of law.
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WHAT FORM IS USED IN INDIANA FOR A TORT CLAIM OF DISCRIMINATION

Customer Question

WHAT FORM IS USED IN INDIANA FOR A TORT CLAIM OF DISCRIMINATION IN THE UNFAIR AND DISCRIMATORY GRANTING OF HARDSHIP WAIVER ON ESTATE MEDICARE LIEN WHEN FSSA DISCRETIONARY FAILUE TO GRANT WAIVER TO CITIZENS SIMILARILY SITUATED BASED UPON RACE AND SEX,
Submitted: 9 months ago.
Category: Legal
Expert:  Joseph replied 9 months ago.
Hello,

My name is Joseph. I am a licensed attorney, and my goal is to provide you with excellent service today.

I'm not quite sure what you're asking about, and honestly I don't think there's a form for what you want either.

Can you tell me why the FFSA didn't grant you benefits and what similarly situated people you know of who were granted benefits?

Also, please write without the use of ALLCAPS. It makes it very difficult to read and makes it seem as if you are shouting.
Customer: replied 9 months ago.


Fssa has discretion via Indiana statute to grant a hardship waiver to persons receiving medicaid and who owe reimbursement by that persons estate. Fssa can grant a waiver of reimbursement in estate reimbursement if the heirs are poverty level. The discretion of FSSA is given to some persons who are politically connected and not to others who are poor, Black, with no connections to politicians

Expert:  Joseph replied 9 months ago.
Hello Yvonne,

Do you have any proof or evidence that this is occurring? (That there is favoritism that is occurring based on race?)

Also to clarify, you do owe money to FFSA for overpayment of benefits?
Customer: replied 9 months ago.

Yes, I have proof but this is not relevant to my question

Expert:  Joseph replied 9 months ago.
I'll look into this and get back to you shortly.
Expert:  Joseph replied 9 months ago.
Hello Yvonne,

Did you receive any notice that stated that you had the right to appeal?
Expert:  Joseph replied 9 months ago.
Hello Yvonne,

Unfortunately, as I suspected, there is no such form that allows you to file for discrimination charges based on not receiving a waiver from the FSSA.

The primary difficult that you'd face in going forward with discrimination charges is that because these waivers are discretionary, you are not being denied a legal right or privilege that would give rise to a discrimination cause of action against the FFSA.

People with political connections benefit in many areas of life, and while it is extremely unfair that some are able to benefit from nepotism and government corruption it is incredibly difficult to attack in any cause of action.

I would say that your best steps would be to contact the FFSA and make an appeal of their decision to deny you the waiver. You could include information that you that similarly situated individuals are being granted these waivers that you are being denied for seemingly no reason other than their political connections, race, and sex.

You also may want to go to the media with your story to demonstrate that the discrimination is taking place and put political pressure on them to treat you fairly.


I hope the above information is helpful.

Please let me know if you have any clarifying or follow up questions as I want to ensure that you are completely satisfied with my service. Please contact me first if you are contemplating leaving me a negative rating, as I’ll be happy to continue to address your concerns until you are completely satisfied with my service.

If not, please remember to rate my answer positively so I get credit for my work. (It doesn’t cost you anything extra and is necessary even though you’ve made a deposit). Please also rate me highly (9-10) when you receive your customer satisfaction survey as well.

Thanks and best of luck!

-Joseph


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