Thursday, November 19, 2009

Can the Social Security Administration be sued, for Neglect of a Disabled Person?

The Social Security Disability Income, was Discontinued, from a


42-yr old male, who inherited a Radioactive Chemical Substance,


from his dad who had served in WWII, and this person is in no


way, able to "provide for himself".


Social Security claimed that he "owed money to them". When a


U.S. Senator investigated this situation, the SS Check was ''re-instated", %26amp; it was discovered that this male DID NOT OWE, this


$20,000 to the SS Dept., but they Owe Him %26amp; his 5 children.


This male went without funds for more than a month, and had to


"beg churches / agencies, to buy his medicine / food"...


I feel that the Social Security is in the Wrong...to do this to an


individual, who is so declined in health.


Shouldn't they be held Responsible, for causing further suffering,


neglect to this individual?


I'm appalled at the way Our Social Security Department / the


employees who work there, ARE MISTREATING THE CLIENTS OF


SOCIAL SECURITY / MEDICARE SERVICES.


I've helped hundreds so far.

Can the Social Security Administration be sued, for Neglect of a Disabled Person?
To sue the federal government, there needs to be an underlying statue to base the suit on, because generally the government is immure to all suits.





The federal torts claims act (FTCA) allows individuals to sue for torts, but certain criteria must be met:





1. Individuals cannot be sued, ecxcept as per # 2, below. In other words, if the a postal worker backs into your can while on the jar, you have to sue the federal government.





2. If the individual has knowing violated a constitution right, then then can be used. This occurs, say, when a federal employee falsely imprisions a person for, say, for bieng black and no other reason (a 13th amendment violation). This doesn't seem to apply here.





3. You must exhaust all administrative remedies in a timely manner. This is often a signifcant bar, as the administrative remedies often impose strict time limits.





4. The government has not waive immunity for the torts of fraud, misrepresentation, slander, and liable. You can't use the government for these.





5. This is the big one: The government also has immunity for any discretionary decesions. In other words, you can't sue for the government for doing it's poorly. You remedy of that is to vote the people who run the government out of office.





So...it would be pretty hard to sue on the facts you mention, but without more information it would be hard to know for sure. If you think you might have a claim, see a professional.
Reply:they have to back pay if they were found in the wrong.

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