Comment NumberOL-100702
Organization
Received06/20/2005 11:16:07 AM
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
Handicap charges New York State with attempted Embezzlement; 48 year old Donald Beaney from Lake Placid N.Y. accuses New York State of intent to embezzle his Structured Settlement! I am Donald Beaney, On Nov 26 2004 I was denied the right to sell what the state and law says belongs to me, my future annuities. In a letter from the judge (Oct 6 2004) he states "The proceedings that you are going through are to make sure that neither your family or yourself where to become dependent upon the public for my support". In my attempt to appeal this decision I have found a few disturbing facts, 1. If and when I do apply for public assistance, the state will then declare my future annuities as assets and require me to assign the over for reimbursement. 2. Because I do have these future annuities coming to me the Legal Aid Department of North Eastern New York are not allowed to help me, don't matter that I can't touch them by court order only that I do have them.And I still can't afford a lawyer. 3. This law does not apply to all who have received a settlement only those who tried to plan for their future by structuralizing it. As for those who took there settlement all up front, GOOD CHOICE! By the way this law also includes Lottery winners, who choose the 26 annual payment plan, I am still a little confused as to how they may become dependent upon the public. 4. This law does not limit itself to the original injury, for which the settlement derives from, as to how one might become dependent upon the public, only that they may. So if one where to over come their original handicap only to be stricken by....Alzheimer's, degenerative disc disease, or some other form of handicap, the state still gets to share in their settlement. I am one of the real lucky few that have been able to over come their handicap. On June 27 1982, I broke my neck C-1, & C-2, after a very successful spinal fusion, I was left with only a 12% limit on my mobility, also with some migraine style headaches on high humid days. After having trouble finding work with this limitation, in 1985 Pete Torrance, of Torrance Construction Co. took a chance on me. For the next 15 years I was able to developed a name for myself as one of the top finish log carpenters in the north country. 5. This law was not in effect when my settlement was established, (1988). Or I may haven choose differently. I understand that the law can't impose the death penalty on the B.T.K. suspect for this very same reason! When I tried to contact our state officials, Assemblymen Teresa Sawyard, Senator Elizabeth Little, Congressmen Charles Schumer, Senator Hillary Clinton, Attorney General Eliot Spitzer and Governor George Pataki, All but one told me that their department doesn't handle this kind of problem and that I should "Hire A Lawyer"?????? Mrs. Clinton has not yet replied. Mean while because of some lower back problems, that surfaced after I started up my own business, I am unable to work at a job site, so I wanted to build a workshop to be able to continue to work at a pace my back could handle. Hence the reason for this "denied" sale. And the bills still keep pouring in. I am afraid that by the end of this year, I may lose everything that my wife and I have built over the last 22 years. So I am hopping that by publicly charging New York State with intent to commit embezzlement, that I would be able to bring this unconstitutional law to the attention of the public and get it thrown where it belongs, in the garbage! And if my plight doesn't bother any of the public, just remember that this law is but one amendment away from effecting your savings, your retirement funds, your future plans with the money you have put away. Donald Beaney Handicapped by physical means, and now by the state