Showing posts with label administrative law. Show all posts
Showing posts with label administrative law. Show all posts

Friday, January 18, 2019

HISTORY LESSON ON YOUR SOCIAL SECURITY CARD YOU MIGHT WANNA READ THIS !!!!







Just in case some of you young whippersnappers (& some older ones) didn’t know this. It’s easy to check out, if you don’t believe it. Be sure and show it to your family and friends. They need a little history lesson on what’s what and it doesn’t matter whether you are Democrat or Republican. Facts are Facts.


Social Security Cards up until the 1980s expressly stated the number and card were not to be used for identification purposes.

Since nearly everyone in the United States now has a number, it became convenient to use it anyway and the NOT FOR IDENTIFICATION message was removed.

Franklin Roosevelt, a Democrat, introduced the Social Security (FICA) Program.
  1. That participation in the Program would be Completely voluntary [No longer voluntary],
  2. That the participants would only have to pay 1% of the first $1,400 of their annual Incomes into the Program [Now 7.65% on the first $90,000, and 15% on the first $90,000 if you’re self-employed],
  3. That the money the participants elected to put into the Program would be deductible from their income for tax purposes each year [No longer tax deductible],
  4. That the money the participants put into the independent ‘Trust Fund’ rather than into the general operating fund, and therefore, would only be used to fund the Social Security Retirement Program, and no other Government program [Under Johnson the money was moved to the General Fund and Spent], and
  5. That the annuity payments to the retirees would never be taxed as income [Under Clinton & Gore up to 85% of your Social Security can be Taxed].

Since many of us have paid into FICA for years and are now receiving a Social Security check every month — and then finding that we are getting taxed on 85% of the money we paid to the Federal government to ‘put away’ — you may be interested in the following:

  • Q: Which Political Party took Social Security from the independent ‘Trust Fund’ and put it into the general fund so that Congress could spend it?A: It was Lyndon Johnson and the democratically controlled House and Senate.
  • Q: Which Political Party eliminated the income tax deduction for Social Security (FICA) withholding?A: The Democratic Party.
  • Q: Which Political Party started taxing Social Security annuities?A: The Democratic Party, with Al Gore casting the ‘tie-breaking’ deciding vote as President of the Senate, while he was Vice President of the US
AND MY FAVORITE:
  • Q: Which Political Party decided to start giving annuity payments to immigrants?A: That’s right! Jimmy Carter and the Democratic Party. Immigrants moved into this country, and at age 65, began to receive Social Security payments! The Democratic Party gave these payments to them, even though they never paid a dime into it!
Now, after violating the original contract (FICA), the Democrats turn around and tell you that the Republicans want to take your Social Security away!

And the worst part about it is uninformed citizens believe it! If enough people receive this, maybe a seed of awareness will be planted and maybe changes will evolve. Maybe not, though. Some Democrats are awfully sure of what isn’t so — but it’s worth a try. 

How many people can YOU send this to?
Actions speak louder than bumper stickers.
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May you find Strength in Your Higher Power,
 GranPa Chuck

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  Another Great Document for Your Library--Now Available
"Standing in the Shadow of the Law", 4th Ed.
 Learn More>> Click Here

Sunday, June 24, 2018

How You Can Avoid The 3 DCF Fair Hearing Mistakes

Hello, thank you for joining me. OR Join the Discussion on LinkIn

My name is Kevin Seaver and I’m a trusted lawyer {Massachusetts} since 1991. I’m a recognized expert, successfully specializing in fighting the department of children and families more commonly referred to as DCF, throughout the entire commonwealth of Massachusetts

Today I want to talk about avoiding the pitfalls and being successful regarding your DCF fair hearing.

The first, biggest pitfall is failing to file a timely notice with DCF within 30 days of receipt of the letter from DCF saying you as a care taker have abused or neglected a child because if you do not file in a timely fashion you will forever be barred from appealing the allegation of abuse or neglect against you. You must file for a FAIR Hearing within 30 days to the fair hearing office of DCF located at 600 Washington street, 6th floor, Boston mass 02111. This is so critical and important let me repeat that address again. The department of children and families fair hearing unit located at 600 Washington street, 6th floor, Boston mass 02111.

The second biggest mistake I see is that people do not request formal or informal discovery of such things as the report of child abuse and the investigation by dcf that asserts that you have abused a child as well as other witness materials, getting school records, getting any other types of tangible items that will help you to show the fair hearing officer and putting it into evidence.

The third thing that is critical is that many, many, many clients go into the fair hearing unrepresented and they go in and tell their story to dcf’s fair hearing officer. You already told your story once to DC. They supported it against you. You go back in and tell the same story and you’re going to have the same result. They are going to support the allegation of child abuse and or neglect against you by the fair hearing officer. They didn’t believe you the first time DCF, they’re not going to believe you the second time.

DCF allows you to have counsel. Exercise that important fundamental right. Have an attorney, Attorney Seaver represent you. Call me Attorney Kevin Seaver. Call me now at area code (617) 263-2633. Again, call me attorney Kevin Seaver now at area code (617)263-2633. We can help you fight DCF. 
Thank you.

Avoid The DCF Fair Hearing Mistakes ! Call Attorney Seaver or Request Online A Free Consultation

Other Lawyers in Massachusetts
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Your children deserve to know "
Learn "How To Win In Court WITHOUT a Lawyer"

... and so do YOU!
_____________________________________________________

Related Reading: Going Pro Se. Is it Right for YOU??

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  Another Great Document for Your Library--Now Available
"Standing in the Shadow of the Law", Special Ed.
What is? Creating Your Own Law Book
Excerpts from this document
Reason for Law Book  ~Using Your Law Book
(Best Reference in Plain English to set up your Law Book)

 Learn More About this Book>> Click Here

 

Wednesday, January 23, 2013

Foster Care Givers are Under Contract?

What is the significance of stating "Foster Care Givers are Under Contract?

The most significant point is that being Under Contract with the Agency, any issues that my come up, as a Foster Care Giver, will be handled initially in Administrative Hearings and not in Family Court. In addition the rules followed are those of Administrative Law or Contract Law.
Definitions
administrative hearing n. a hearing before any governmental agency or before an administrative law judge. Such hearings can range from simple arguments to what amounts to a trial. There is no jury, but the agency or the administrative law judge will make a ruling

administrative law n. the procedures created by administrative agencies (governmental bodies of the city, county, state or Federal government) involving rules, regulations, applications, licenses, permits, available information, hearings, appeals and decision-making.
Federal agency procedures are governed by the Administrative Procedure Act, and many states have adopted similar procedural formats either by law or regulation

It is important to consider two vital factors in dealing with administrative agencies: 
  1. the rules and regulations are often special for each agency and are not usually found in the statutes but in those regulations; 
  2. a member of the public must "exhaust his/her administrative remedies" (take every step, including appeals) with the agency and its system before he/she can challenge the administrative ruling with a lawsuit in court. 
 There are exceptions (such as emergency or obvious futility) to exhausting one's remedies, but those are rare. Administrative law can be a technical jungle, and many lawyers make lots of money from knowing how to hack their way through it on behalf of their clients.


Documentation is Key
Start email- "How to Fight Fraud"--------
As related information, here is a recent email titled "How to Fight Fraud". May seem a little "off Track" but it relates to those of us under "Contract" and as we encourage everyone to defend themselves "Put it in writing!"

Today's Tips & Tactics will help all of you who are fighting banks, credit card companies, and anyone else who fraudulently claims you owe them money! (Or for a few Foster Care Givers, being Falsely Accused)
 

If you're an honest person being sued by a dishonest creditor (Or Agency), today's Tips & Tactics may save you a load of cash ... if you do things the way you'll learn in my official affordable 24-hour step-by-step Jurisdictionary self-help course!

There's a reason for the phrase, "Put it in writing!"
Every jurisdiction we know of adopts a common law principle known as the "Statute of Frauds" so people wishing to sue you for any promise they say you made to them must offer written evidence of that promise ... signed by you!

No writing, no lawsuit.
It could be a mortgage, promissory note, lease, credit card application, or any other promise they say you made.
In some states, if the promise was to perform some service that was to be performed in less than one year, or to pay less than $500 for some item like a lawn mower or bicycle, no writing is required ... but if the promise was for more than a year or more than a small amount of money, the Statute of Frauds bars the lawsuit if there is no writing signed by you!
So, what's the first thing you do when you're sued for a promise you did not make? You demand to see the original writing that bears your signature!
How do you do that?
End email -------

So yes it may be off point, but Foster Care Givers are Under Contract.

Our legal system is, unfortunately, very complex. However, whether you are a Foster Care Giver, Natural Parent, Relative, etc. it is vital to know where to start when defending yourself.

And "Letting the Government make Decisions for Our Families" started many years ago. A term for this is "Parens Patriae"--is Latin for "parent of the nation." In law, it refers to the public policy power of the state to intervene against an abusive or negligent parent, legal guardian or informal caretaker, and to act as the parent of any child or individual who is in need of protection. For example, some children, incapacitated individuals, and disabled individuals lack parents who are able and willing to render adequate care, requiring state intervention. (Read More)


(Best Reference in Plain English to set up your Law Book)
Excerpt from:
Chapter 1-Administrative Law
"...There are vast differences between the Justice system you were taught in school and Administrative Law. When you sign the Agreement with whatever agency you have chosen; from that day forward, you are subject to the Rules and Regulations that this agency has put together for foster parents to follow. This is the “Shadow of Law” called Administrative Law.”

In our justice system, most of us realize that when we sign any contract we are entitled, BY LAW, to a copy of the Agreement or contract we just signed. But, for some reason, most foster parents do not associate becoming a foster parent with negotiating a legal contract such as a mortgage or a purchase agreement.

We, law-abiding citizens who most of the time have never been involved in this legal system, wind up depending on the agency to watch out for our rights involving our family and future while scrutinizing and mistrusting every move a used car salesman makes in selling us a mere piece of transportation .
Rights—like receiving a copy of the Agreement we have just signed, and receiving a copy of the manual on Rules and Regulations. We assume that they are aware of our rights, and so we move on, thinking we will take care of all this later...
Wrong!.."

 Learn More>> Click Here
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May you find Strength in Your Higher Power,
 GranPa Chuck

Monday, June 27, 2011

Foster Parent Training...Administrative Law

Foster Parents Legal Solutions ...I have been trained by acting as an advocate on behalf of foster parents across the nation for twelve years, and functioning as a foster parent myself for fifteen years. I also have one of the largest chat groups on line for foster parents who are under Administrative Law, and need assistance. A National toll free number has been functioning for twelve years, enabling them to have one on more...

Saturday, January 22, 2011

UPDATE: Standing in the Shadow of the Law--Your Essential Legal Note Book

Standing in the Shadow of LAW!
Your Essential Legal Note Book

Link to Cover

Fourth Edition Now at Publishers
for Page Layout Editing
Anyone interested in a copy when Published
Please email

Contents
Copyright © 2011
Disclaimer

Chapter Title
Chapter 1. Administrative Law 
What is Administrative Law
Related Reading
Chapter 2. Our Rights are Being Trampled
Chapter 3. Intimidation 101
Chapter 4. The PRICE TAG That Lady Justice Wears
Chapter 5. Documentation.  How Important Is it?
Chapter 6. Creating Your Own Law Book
Reason for Law Book
Details on Setting up Your Law Book

 Using Your Law Book
Stand Up for Your Rights

Chapter 7. News Article Collection
Chapter 8. Criminal Law
 Legal Terminology
(Online Only- Rev. 02/11)
All Rights Reserved
Standing in the Shadow of the Law
  March 2011
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Please allow me explain the REASON for the law book.
As we have seen in the many examples of our fellow foster parents who have followed our methods of preparations in laying out their cases in what we describe on this group as our "LAW BOOKS" time and time again. We are to be ready to give an answer...that means that if we are asked a question in a courtroom setting we can simply _*turn to that month, that week, that day in our law books and *__*bingo we have the answer to the question that has just been asked of us*_. The organization is impressive to anyone who witnesses it, I myself have witnessed this mouth dropping event in a court of law.
Don't know if any of them are willing to share their own experiences with the LAW BOOK with us but I'm sure everyone would like to hear their stories on how being prepared helped with their cases.
No one expects a lowly, uneducated foster parent to be able to defend themselves with such precise expertise and detail that any attorney would envy. This method has been proven time and time again as effective and impressive. If you follow it you will indeed be ready to give an answer as the Bible clearly tells us. You are in essence learning how to prepare not only your own case but to assist in helping other foster parents prepare their own cases. Your attorney will appreciate your intense organization and your work a great deal and the preparation that you do will one day come in handy, if not now in the future you will be happy you have already taken these steps.
Do it now while things are fresh in your memory.
The first thing you do is purchase a 4" loose leaf notebook.
On our NFPCAR Website, there are two webpages to start your search:
  1. Directors and References for your State Index
  2. To organize your main points, here is download to a word processing file>> 5 Level Outline Template. Basic instructions on using an outline are on the template.
Go to your state.
There you will find the Foster Parent and Agency Policies & STATUTES for your state. You can either Download them to your PC. Or just print off or save only the ones pertaining to foster parents, place them into your law book.
The second thing you want to place in your law book is a copy of the investigative report, after you have gone through it with a fine tooth comb. This of course is after your attorney has obtained it. Highlight each and every word that you disagree with, everything that is an untruth, a lie, a stretch of the truth.
Then go back and gather proof of each and everything that you have highlighted to prove what you are saying is truth and that what is being said in this report is lies.

The Third thing you need in your law book is copies of your journal and dividers for months. Get the kind that has
pockets in the front of them for receipts. Divide the receipts into envelopes *one for each week in that month*. Paper clip each day together and place it into that weeks envelope. Make a list of each weeks receipts on separate sheet of paper and place them behind the pocket. Put the dates that it covers on the envelope in the pocket and the sheet of paper so that you can turn to that month and at a glance see your entire schedule for that week. Recreating your days at a glance through your receipts, check stubs, ATM receipts, etc.
I know that this is a lot of work but trust me when I say that someday you will be glad that you have taken the time to do this, and so will your attorney. Who knows that little foster daughter or foster son may someday return to you and want to sue CPS for damages that they have endured throughout their life and you will have the evidence for them to do so, keep this law book for them, tell your attorney you want this evidence back to keep for them for future use.
  • Remember, what Social workers **say is **automatically believed while whatever we as foster parents say must be backed up with documentation, WE MUST PROVE what we say is true.
  • You must be able to prove what you say is TRUTH without a shadow of a doubt. Doctors receipts, cash register receipts to re-create your day if need be. to offer proof of your whereabouts if need be. ie: a receipt that shows you were at the dry cleaners at 4:47 pm on Jan. 14th,2007 another receipt proves that you were then at Domino's Pizza picking up the pizza for a pizza party at your home at 5:23pm on Jan. 14th, 2007 then home for the party by 6:00 pm and there until 9:00 pm with your husband and 17 other children and their parents. Not in the parking lot of CVS at Gateway Mall, in Sparks Nevada, spanking Johnny at 6pm as was reported by an anonymous caller.
  • Think this allegation is going to go away? You get the idea? This is the importance of documentation and your "LAW BOOK". If you were in the courtroom and the investigation reported this incident as founded do you think that your receipts would prove otherwise? Of course your Law book would save the day.
     
  • So in summary,  Chapter 6 from Standing in the Shadow of the Law for Creating your own Law Book.
Here are a few suggestions.
  1. Start a support group....invite these people to join our Foster Parent Allegations Group....we are here to support anyone who needs our help....
  2. Set up a corner of your home as a resource center library for the use of this support group.
  3. As in our Foster Parent Allegations Yahoo  group, it helps you put together your LAW BOOK; and you can share it with others in your own little support group.
  4. Take up a collection within your little group and order a copy of the National Foster Parents Legal Manual that they produced, it contains valuable information that all foster parents should be aware of. This could be made available in your support group resource center corner too.
  5. Consider This
    A. Allegations the Storm that no One tells you is coming.
    B. Documentation, Just How Important is it?
    C. Administrative Law. Are you familiar with them in Your State?
  6. We will also send you FREE BROCHURES on our Foster Parents Legal Program. *IT IS OUR program,* and are the National Administrators for the program. PPL Underwrites it for us. Write to me privately and I will answer your questions. or Just call the office toll free at 1-877-FPA-CHILD (372-2445)

    To Other eReferences
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