I looked in my 9th grader's American History book--it's the 14th Amendment that reinforced the 5th Amendment in 1868. Some could argue that constitutional "due process" is only representative of criminal and not civil law. I'm no lawyer, so your mileage may vary.
Deri just shipped an email regarding disability law; the only US equivalent would have been Title I of the ADA and that was ruled unconstitutional by the Court in University of Alabama vs. Garrett because it violated States' sovereignty as guaranteed in the 11th Amendment (seems the knife cuts both ways). One of the major problems of the ADA was the potential abuse by "professional victims" who use dubious claims of disability to try to settle ADA claims out-of-court. Title I only covered employment anyway, and not compensation, so I don't think it would have been applicable.
Again, your's is another example of how CP is viewed as a "condition" that is static--and you and I know that even though the neurological insult doesn't progress, the musculoskeletal damage does. As I have been grumbling for the past ten years, ambulatory adults with CP get short shrift on attention and dollars. The medical AND legal communities either regard you as disabled or not--it's a binary situation.
Have you talked you a Physical Medicine doc about your case as opposed to just the neuro or orthopedic folks? He/She might be able to present a more wholistic arguement to a willing lawyer.
________________________________
From: Cerebral Palsy List on behalf of ken barber
Sent: Mon 11/26/2007 8:13 PM
To: [log in to unmask]
Subject: Re: WELL WE GOT OUR FINAL DECISION
also due process comes under the 4th and maybe another
one that reinfoced it after the civil war. or i could
just be totally mistaken.
--- "Cleveland, Kyle E."
<[log in to unmask]> wrote:
> Ken, doesn't the 4th protect against search/seizure
> without a warrant or probable cause? I definitely
> think you have a 1st Amendment case to "petition the
> Government for redress of grievances". The
> McCain-Edwards-Kennedy "Patients Bill of Rights" (
> S.B. 1052) from 2001 would have offered a better
> appeals process, but it didn't get past the House.
>
> I'm cringing as I write this, but have you thought
> about approaching the ACLU?
>
> KC
>
> ________________________________
>
> From: Cerebral Palsy List on behalf of ken barber
> Sent: Mon 11/26/2007 6:06 PM
> To: [log in to unmask]
> Subject: Re: WELL WE GOT OUR FINAL DECISION
>
>
>
> yeah, kendall, i do not expect to get out of the
> fight
> even though it will not help me. i'd alreasdy been
> working the georgia senators and reps. the 4th
> amendment is useless for people with CP and similar
> disabilities without access to the courts.
>
> --- "Kendall D. Corbett" <[log in to unmask]>
> wrote:
>
> > Ken,
> >
> > Really sorry to hear this. It probably won't help
> > you, but it might
> > help people in the future if we work to have the
> > 1946 law overturned.
> > It's federal right? Can you give us a citation so
> > we can write our
> > members of Congress? DREDF might also be
> > interested. I'll give you
> > my contact there's email address if you want it.
> >
> > On Nov 23, 2007 12:19 PM, ken barber
> > <[log in to unmask]> wrote:
> > > We got our final decision. They rubberstamped
> the
> > > other decisions that I just have cerebral palsy
> > and
> > > have no injuries. The MRI showing the herniated
> > disk
> > > that they accepted original means nothing. They
> > say I
> > > have no residual effects of the on the job
> > injuries
> > > even though there are pictures of the twodisk
> that
> > are
> > > herniated.
> > >
> > > What little money we have coming in is what we
> > have.
> > > Judy is beside her self.
> > >
> > > Not every wrong gets righted. We'll survive.
> We
> > > have to.
> > >
> > > the 1946 law making it impossible to take the
> case
> > to
> > > court pretty well stacks the deck against the
> > > employee.
> > >
> > > i fought this as hard as i could and prayed for
> a
> > > victory. i'd hoped to have a decision on the
> books
> > > that would help be sure the next CP person with
> a
> > > injury would not have as tough a fight, but i
> > could
> > > not overcome it. you all know vwey well what i
> was
> > > going against. possibly you all were the only
> ones
> > > other than myself that did not what a battle it
> > would
> > > be and what a miricle it would take to actually
> > win.
> > >
> > >
> > >
> > >
> > >
> >
>
____________________________________________________________________________________
> > > Be a better sports nut! Let your teams follow
> you
> > > with Yahoo Mobile. Try it now.
> >
>
http://mobile.yahoo.com/sports;_ylt=At9_qDKvtAbMuh1G1SQtBI7ntAcJ
> > >
> > > -----------------------
> > >
> > > To change your mail settings or leave the
> C-PALSY
> > list, go here:
> > >
> > >
> >
>
http://listserv.icors.org/SCRIPTS/WA-ICORS.EXE?SUBED1=c-palsy
> > >
> > >
> >
> >
> >
> > --
> >
> >
> > Kendall
> >
> > An unreasonable man (but my wife says that's
> > redundant!)
> >
> > The reasonable man adapts himself to the world;
> the
> > unreasonable one
> > persists in trying to adapt the world to himself.
> > Therefore, all
> > progress depends on the unreasonable man.
> >
> > -George Bernard Shaw 1856-1950
> >
> > -----------------------
> >
> > To change your mail settings or leave the C-PALSY
> > list, go here:
> >
> >
>
http://listserv.icors.org/SCRIPTS/WA-ICORS.EXE?SUBED1=c-palsy
> >
> >
>
>
>
>
>
____________________________________________________________________________________
> Be a better sports nut! Let your teams follow you
> with Yahoo Mobile. Try it now.
>
http://mobile.yahoo.com/sports;_ylt=At9_qDKvtAbMuh1G1SQtBI7ntAcJ
>
> -----------------------
>
> To change your mail settings or leave the C-PALSY
> list, go here:
>
>
http://listserv.icors.org/SCRIPTS/WA-ICORS.EXE?SUBED1=c-palsy
>
>
>
>
> -----------------------
>
> To change your mail settings or leave the C-PALSY
> list, go here:
>
>
http://listserv.icors.org/SCRIPTS/WA-ICORS.EXE?SUBED1=c-palsy
>
>
____________________________________________________________________________________
Be a better sports nut! Let your teams follow you
with Yahoo Mobile. Try it now. http://mobile.yahoo.com/sports;_ylt=At9_qDKvtAbMuh1G1SQtBI7ntAcJ
-----------------------
To change your mail settings or leave the C-PALSY list, go here:
http://listserv.icors.org/SCRIPTS/WA-ICORS.EXE?SUBED1=c-palsy
-----------------------
To change your mail settings or leave the C-PALSY list, go here:
http://listserv.icors.org/SCRIPTS/WA-ICORS.EXE?SUBED1=c-palsy
|
