End of the line, six years of despair

legalmania · 04-16-2010, 08:28 PM

ok Christian, here it is I found it.

(6) Expedited appeals process. At some time after your initial determination has been reviewed, if you have no dispute with our findings of fact and our application and interpretation of the controlling laws, but you believe that a part of the law is unconstitutional, you may use the expedited appeals process. This process permits you to go directly to a Federal district court so that the constitutional issue may be resolved.
http://www.socialsecurity.gov/OP_Hom...5/405-0701.htm

Janke · 04-17-2010, 12:32 AM

Quote:

Originally Posted by legalmania

ok Christian, here it is I found it.

(6) Expedited appeals process. At some time after your initial determination has been reviewed, if you have no dispute with our findings of fact and our application and interpretation of the controlling laws, but you believe that a part of the law is unconstitutional, you may use the expedited appeals process. This process permits you to go directly to a Federal district court so that the constitutional issue may be resolved.
http://www.socialsecurity.gov/OP_Hom...5/405-0701.htm

The way I read Christian's post, he is disputing the findings of fact and disputes the application and interpretation of controlling laws. So how can this expedited appeals process be utilized when your definition says it is to be used when someone has no dispute with the finding of fact and interpretation of law.

What is unconstitutional about his denial?

legalmania · 04-17-2010, 10:35 AM

Quote:

Originally Posted by Janke

The way I read Christian's post, he is disputing the findings of fact and disputes the application and interpretation of controlling laws. So how can this expedited appeals process be utilized when your definition says it is to be used when someone has no dispute with the finding of fact and interpretation of law.

What is unconstitutional about his denial?

I would site constitutional law and disability discrimination, probably argue the equal protection clause. Of course I would have to see his evidence, he says he can't use his arms, he has doctors to testify to this. I really don't need to put that much thought into it because he has an attorney and hopefully will win soon.

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