Comment NumberOL-100638
Organization
Received05/31/2005 06:45:11 PM
Commenter
First NameLast NameState/Province
DonaldBeaneyNY
AgencyU. S. Department of Justice
Docket IDCRT Docket No. 2004-DRS01
RuleNondiscrimination on the Basis of Disability in State and Local Government Services; Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities
AttachmentsNo Attachments

CommentsAnswers to Specific Questions

General Comments
I could not find this topic in your list; Structured Settlement Protection Act, New York adopted this one on June 1, 2002. In this law, It is said that it is to protect the settlement owner. To make sure that no unfair advantage is taken in any sales of future annuities, To try to curb these sales for only hardship cases only. In my attempt to make a sale, to keep from losing my home and belongings, the judge stated in a letter, (Oct 6 2004) "The purpose of these procedure you are going through is to see that you and your family do not become dependent upon the public for your support". On Nov 26 2004, he denied my petition, after I had bared my sole. In checking out this law I have found out a few disturbing facts. 1) Because I do have these future monies coming the Legal Aid Department of North Eastern New York are not allowed to help me. And I still can not afford a lawyer! (Legal Representation). 2) This law does not apply to those who chose to take their money all up front. What's stopping them from public dependency? (Equal Justice) 3) This law does not limit itself to the original injury as to how one may become dependent upon the public only that he or she and family may. (Denies me Equal Rights because of handicap) 4) For the state to deny access to my money for the sole purpose of reimbursement, knowing that when I do ask for public assistance, the state will at that time declare my future annuities as assets and require me to sign the over. Is this not a form of embezzlement (The Rico Act) 5) This law was not in effect when my settlement was established or I would have chosen differently. After all they can't impose the death penalty on the B.T.K. suspect! After jumping through all the hoops the courts asked of me, after having to explain my spending habits for the past 5 1/2 years...I saw myself explaining my life to the courts to get permission to spend my money, what is wrong with this picture. I am not looking for any handouts or free rides, only what is mine, to do with as I see fit. With out Big Brother looking over my shoulder. If the state is so worried about us people from becoming dependent upon the public, maybe the should try to change the way the settlements are made