Application for $1,000 a month, back pay and a Clerkship

1. Michael J. Astrue was sworn in February 12, 2007 as the Commissioner of Social Security at the agency’s national headquarters in Baltimore, Maryland. He will serve a six-year term that expires on January 19, 2013. Commissioner Jo Anne Barnhart reported that the name Anthony was new to the top ten list of names of newborns in 2005 in the 7^th annual Mother’s Day report of 2006. I hope that Hospitals & Asylums (HA) will be popular with the new administration. Social security provides protection for America's families against the loss of earned income upon the retirement, disability or death of the family provider. Benefits are administrated in part according to need Flemming v. Nestor, 363 U.S. 603 (1960). Social Security provides the wage earner and the dependent members of his family with protection against the hardship of lossed earnings; it is not simply a welfare program benefiting needy persons Califano v. Jobst 434 US 47 (1977). The findings and decisions of the Secretary shall be binding upon all parties to such hearings Cappadora v. Anthony J. Celebreeze, Secretary of Health, Education and Welfare 356 F 2d. 1, 4 (CA2 1976). If a request for reconsideration proves unsuccessful the claimant has 60 days to ask for an evidentiary hearing with an administrative law judge (ALJ) under Califano v. Sanders 430 US 99 (1977). The Equal Access to Justice Act sets a deadline of 30 days from the denial of an AJL to inform the Court of your “eligibility to receive an award” and "the amount sought" in Scarborough v. Anthony J. Principi, Secretary of Veteran’s Affairs No. 02-1657 (2004).

2. My personal petition for SSI was begun with the filing of Form SSA-7004 “Request for Earnings and Benefits Statement” that was responded to by Linda S. McMahon, Deputy Commissioner for Operations, on September 27, 2006. The formal petition was filed on October 3, 2006 and denied by Ms. McMahon on October 10, 2006. Form SSA-561 “Request for Reconsideration” was filed October 23, 2006. The petition was denied by Robert M. Mendenhall, Field Office Manager, on October 24, 2006. Form HA-501-U5, “Request for a Rehearing with an Administrative Law Judge” was filed on November 6, 2006 by Kathy Allen pending a 20 day notice to attend a hearing with an Administrative Law Judge that is not expected to happen until sometime in 2008 as the result of the backlog in disability petitions. Subsequently I have cancelled Medicare Part B as noted in the letter written by Annie White, Associate Commission of the Office of Public Inquiry, on December 5, 2006. I am seeking an increase in Supplemental Security Income from $65 a month, to the prevailing wage of exactly $1,000 a month in combination with Disability Insurance I currently receive under 20 CFR 404.603 and 42USC(7)XVI§1381a. $1,000 a month would afford me enough to pay the bills, eat a balanced diet and to move to a new apartment. To defray the cost of paying me, and others in similar circumstances, a living wage, a $250,000 medical malpractice claim has been bequeathed to SSA in Hospitals & Asylums v. Health Alliance HA-9-9-06. Until such a time when Congress pays me for my work governing the United States I am entirely dependent upon social security for my income, whereas prior family support was lost to the medical corruption of the public welfare system. I greatly appreciate the protection social security gives, the support is however not sufficient, by itself, to be considered a living wage. To distance myself, a little, from absolute poverty, this once, I am also asking for enough back pay under 42USC(7)§406 to save $5,000 after paying back +/- $15,000 in student loans.

3. There are five issues for SSA regarding disability insurance that I hope to redress in this brief, to make life safer and more pleasant for everyone,

First, the Ways and Means Committee has reported an enormous backlog of social security disability claims, 700,000 with administrative law judges and 1.6 million with the local offices that have accumulated under the 2 year blasphemy of Vol. 66 of the Social Security Bulletin. The problem causing the backlog seems to arise under biblical law whereby, “Each man should give what he has decided in his heart to give, not reluctantly or under compulsion, for God loves a cheerful giver (II Corinthians 9:7)”. SSA policy is however vague on the entitlement for the poor. There is no definitive poverty line for disability benefits only several confusing and artificially low numbers that administrators cling to. As the result of the spurious denials needy disabled people, already suffering strife from the medical and welfare establishments that spreads to the private economy, are pursuing their SSA petitions whereas we know we are too poor and SSA presents the only option that is not going to kill us. To help process this backlog, I would like to offer to clerk for SSA from my home. It would be far more appealing for Hospitals & Asylums (HA) to write settlements for people who would otherwise need to wait a year for relief than to wait a year to be judged, myself. So as not to forsake the value of my intellectual property to the federal government, that I am basing my claim on, I am also hoping that SSA will raise their standards of benefits to insure people a $1,000 a month income because it is the Hospitals & Asylums Statute 24USC(3)§154. SSA would not have to immediately issue this full amount to encourage new beneficiaries to be resourceful and avoid a dramatic inflation in cost of living but should be obligated to guarantee the disabled the nice round income of $1,000 a month.

Second, Medicare has been both extortionate in automatically charging premiums although I obviously make less than the poverty line and engaged in so much bio-terrorism that the life expectancy of the mentally ill who were treated in the public mental health system is 25 years less than 78 year national average up from 10 to 15 years less, a decade ago. I am displeased with the Health Alliance (HA) who really needs to diversify their psychiatric department into community mental health shelters and offices to reduce the inpatient beds by 75% and become known for their outpatient mental health treatment, not their harassing debt collectors. I am also sick of nearly every form of government health insurance and hospital billing that I have come in contact with. Not having any desire to get sick I would prefer to avoid health insurance altogether. I am happy to report I am healthier now that I have no health insurance, proposed a new ethical rule regarding bio-terrorism with the AMA Council on Ethical and Judicial Affairs and had my falsified criminal and traffic record expunged HA-1-4-07.

Third, SSA needs to take responsibility for balancing the federal budget, by returning profits to the Treasury. Secure in the $2 trillion trust fund balance, the temporary nature of this plan until federal revenues and expenditures are equal, and the knowledge that Congress will raise taxation rates at such a time that trust fund balances decline from the previous year, I am honored to present the only balanced federal budget in the USA by limiting SSA to cost plus half interest income, and military spending to $400 billion annually until the budget is balanced with a pay-as-you go policy HA-1-1-07

Fourth, UN Enable reports that 600 million people in the world are currently disabled as a consequence of mental, physical or sensory impairment, 80% in developing nations. 43 million Americans have one or more physical or mental disabilities, and this number is increasing as the population as a whole is growing older. Treating disability involves the prevention of disability, rehabilitation and the realization of the goals of ''full participation'' of disabled persons in “social life, development and employment”, of “non discrimination” and of ''equality''. The USA is currently neither one of 96 signatories to Convention, nor one of the 52 signatories to the Optional Protocol nor the one nation to have fully ratified the Convention, Jamaica. It is hoped that the USA will adopt the Convention on the Rights of Persons with Disabilities and Optional Protocol that were opened for signature on 30 March 2007 at the soonest possible convenience of the Senate and President. The theme for the International Day for Disabled People, on the 3^rd of December 2007 is “decent work for persons with disabilities.”

Fifth, it is hoped that SSA will uphold the recommendations of the United Nations on Human Rights Day 10 December 2006 when the theme was Fighting Poverty: a matter of obligation, not charity. Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his or her control, as noted in Poverty Reduction Obligation Under Deliberation (PROUD) for Human Rights Day HA-4-12-06

4. I have not earned the National Average Wage since I was a college student in 1991-94 when I was working as a medical office manager for my Mother, who had just opened a family practice and was studying full time at the University of Cincinnati with all my expenses paid by my family. I went to Mexico in 1995 and enjoyed favorable exchange rate for the entire year. In 1996 I became severely mentally ill for a short time while I tried quitting smoking cigarettes at the time I needed to return from my travels to attend to my parent’s divorce. After I had recovered, but before I could get a job my parents had me institutionalized in a psychiatric hospital against the interest of the Domestic Relations Court that prevented them from getting a divorce until after I had been released to the community mental health system. Although I was offered SSA I was resolved to work for my pay. I did not file for benefits until after losing several low paying jobs, traveling around the west coast and British Columbia, living a short while homeless in my hometown, suing the mental institution and finishing my BA in International Affairs in 2000 at the University of Cincinnati. After working several jobs in Cincinnati and California before I returned to Cincinnati resolved to wipe the State Mental Institution Library Education (SMILE) buildings off the prima facie of the Probate Court before the 2 year statute of limitations ran out. I was fairly successful at the game of judging mental health and managed to evict the Probate Judge from the state mental institution, although a magistrate continues the drudgery however the $75,000 tort in Sanders v. Kravetz, Mohammed, Newton et al US District Court Southern District of Ohio C-1-98-411 (1998) was never fulfilled. An appeal to the 6^th Circuit Court of Appeals was made in Constitutional Mental Health Commission v. Pauline Warfield Lewis Center US 6^th Cir. No. 00-4185 (2000) that made Peace with Warfield and caused the name of the institution to be changed to “Summit Behavioral Health” but failed so miserably in sustaining the claim for relief that the Ohio Supreme Court lamented the unavailability of the plaintiff to receive tort compensation in the fictitious spin-off by the Bar of the Law professor who was appointed a professorship of Law and Psychiatry, Jeffrey Steele v. Hamilton County Community Board of Mental Health No. 99-1771 (2000).

5. After graduating from University in June of 2000 I took a seasonal job with the Census 2000 that lasted until midsummer. My income estimated at $15,000 was absorbed by the need to purchase 3 used cars, that broke down in quick succession until I was forced to resign in August whereas it was not likely that my unit would be needed to go house to house and transportation was difficult for me. In 2001 I became very poor, I was evicted from an apartment where I had worked for reduced rent of only $100 a month throughout college and had $800 credit when I was evicted. I could not find a job, was sleeping in the park before a friend let me stay with him. To receive my mail I studied mental health with a local consumer group and was certified in the BRIDGES Consumer Education Course. On August 15, 2001 I received an appointment from the Social Security office with a Mr. Jung to discuss the obligations regarding Supplemental Security Income (SSI). Although I do not have the precise records of when SSA began paying or the day that the account became labeled as Disability Insurance (DI) rather than SSI, SSA informs me that my benefits began on January 3, 2002. The month that I began receiving disability insurance I moved in with a girlfriend and her son. This relationship however did not last long. In 2003 I moved in with a high school girlfriend, her husband and infant daughter. They found me an efficiency apartment I can barely afford a few months later that I have lived in since. I now spend an estimated $385 a month on rent, 60% of my income and another $75 a month on Internet and utilities and often don’t have enough money to eat all month.

6. On December 1, 2003 things became a little spooky when the Office of Central Operations wrote to inform me that I would receive $457.00 for December 2003 around January 2, 2004 and after that would receive $457.00 on or about the third of the month whereas the monthly premium for supplemental medical insurance (SMI) is $66.60 beginning January 2004. On November 2, 2004 an even spookier event occurred. W. Burnell Hurt, Associate Commission for Central Operations, wrote to inform me that the State of Ohio would pay my Medicare medical insurance premium beginning February 2004 and I would receive $666.00 around November 10, 2004 when I was then called in to a review hearing with the county I was told my social worker had quit and when the food stamps stopped I was too scared to petition again. These two curses amounted to three counts of tortuous conduct. First, I did not agree to pay the $66.60 premium that appeared, for the first time, December 1, 2003. Second, the corruption of the $666 Medicare reimbursement of November 10, 2004 led to the loss of $150 a month in food stamps. Third, I was promised $523 a month beginning December 3, 2004 but was charged $78.20 a month for Medicare Premiums and that I would therefore receive $459.00 after the Cost of Living Adjustment of $14 on February 9, 2005.

7. On December 5, 2006 I was sent a response to my email from Annie White, Associate Commissioner of the Office of Public Inquiry that she supplemented with a News Release regarding the 2006 Trustees Report – Long Term Financing Challenges Remain – of May 1, 2006 and full Communication of the 2006 Annual Report of the Board of Trustee of the Federal Old-Age and Survivors Insurance and Federal Disability Insurance Trust Funds. The letter from Ms. White recognizes the personal request regarding the Medicare Part B premium and ramifications that cancellation has upon my monthly benefit amount that has already been adjusted to the monthly amount of $559.50 this December 2006. It informed, if your income is lessened while you are awaiting the hearing you should notify the local representative who would determine whether you are eligible for SSI for current or future months. In closing we appreciate your time and thought concerning the financial stability of the Social Security trust funds. For over 70 years, Social Security has provided a foundation for retirement for America’ workers. As you pointed out, we must make sure that Social Security is there for the millions of Americans who currently receive benefits and for those who become eligible in the future. There are several ways to guarantee that Social Security continues to be there for future generations. Each option means difficult trade-offs that Americans need to know about. The sooner the changes are made, the smaller their impact will be.

8. My part time employment ceased in July 2006 and the $200 a month from my father ceased in December 2007. I had come to the SSA office fearing further loss of liberty and income and was vindicated. To compensate for this loss of private income I filled out a form formally terminating medical insurance and was rewarded with a net income $577.50 and filed for SSI with my new income that qualifies for SSI. As the result of the loss of rights to public and private welfare programs I have suffered a gross pay cut as the result of the attrition of my father’s patronage during 2006 and $150 a month foods-stamps beginning in January 2005. My income went from $900 a month, to $650 a month with no means of earning the $830 a month social security disability threshold for substantial gainful activity (SGA). The resource limits for SSI are $2,000. I am never able to save more than $20 a month and often have no money for two weeks at a time. The average income of a disabled worker in 2006 was $939 a month. The maximum SSI payment was $603 a month. Carolyn L. Simmons, Associate Commissioner for Central Operations wrote, you will receive $484 fro December 2006 around January 3, 2007. After that you will receive $578 on or about the third of the month. On December 27, 2006 Linda S. McMahon, Deputy Commissioner of Operations wrote to inform me that I would be due $65 a month from disability insurance beginning February 2007 and that my regular disability benefit is $578, before Medicare premiums. If I suffered an income loss I could appeal. On January 5, 2007 I received a message from Robert M. Mendenhall, Field Office Manager, that they had receive my message regarding the termination of Part B Medicare and their records indicate that I was in the office on December 19, 2006. It will however not be possible to stop the premium deduction until the February check. On January 24, 2007 McMahon and Simmons wrote again to inform me that I would be sent a Social Security check for $182 in January as back payments for the Medicare premiums that were taken in December and January although I had already cancelled my policy twice.

9. Resolution of the issue here involves the constitutional sufficiency of administrative procedures prior to the initial determination of benefits and pending review, requires consideration of three factors: (1) the private interest that will be affected by the official action; (2) the risk of an erroneous deprivation of such interest through the procedures used, and probable value, if any, of additional procedural safeguards; and (3) the Government's interest, including the fiscal and administrative burdens that the additional or substitute procedures would entail. My private interest is to receive a living wage for the monumental work rewriting Hospitals & Asylums Statute and the other work I do governing the increasingly decadent United States that needs to work with me more professionally to enforce the laws that are not immediately honored for their academic merit because of the presence of opposition from tyrants. It has been for many years the general practice of the government, and its several departments, to allow to persons, though holding offices or clerkships, for the proper duties of which they receive stated salaries or other fixed compensation, commissions, over and above such salaries or other compensation, when such receipts and disbursements were not among the ordinary and regular duties appertaining to such offices or clerkships, but superadded labor and responsibility, apart from such ordinary and regular duties. In US v. Thomas Fillebrown, Secretary of Commissioners of Navy Hospitals 32 US 28 7 Pet. 28 (1833) allowance was regarded in the light of extra service. It was thought proper to allow him a salary for such period previous to his actual appointment as would be proportionate to the additional labor actually performed by him.

10. It would be a mistake for the United States not to afford the writer of Hospitals & Asylums (HA) a decent wage. HA is the only comprehensive plan for reforming the United States in existence and the national decadence is so dire Congress needs to pass substantive laws to make the needed reforms. It is not foreign for the US to reward the author of their laws, Thomas Jefferson, for instance, was elected President of the United States, after writing the Constitution. Others, such a Martin Luther King Jr. and his wife were not so lucky, after their Civil Rights Acts. It is important, even necessary, for the United States, particularly Congress to secure the work that I have done for the laws, not only for my welfare but for that of the future of the nation, that are inextricably linked. Writing HA creates a debt that sets off against a claim by the government, that must grow out of some contract or employment authorized by law such as the $6,500 annually for the preparation of the Code under 1USC(3)§213 that covers the money I have already received from SSA. I am now asking for more money than provided in this statute and must therefore account for the work I have not been compensated for at great detriment to the integrity of the settlement whereas SSA is not satisfied with my payroll contributions. First, I wrote the $20 billion US settlement that earned $33 billion at the Madrid Conference, the largest settlement in the history of international law. Second, I produce the only balanced budget in the federal government and saved the government nearly a hundred billion dollars in 2006 and could save them the entire deficit if they would work with me. All equitable claims, which have been properly exhibited, in the first instance, to the accounting officers, may be set up against the demands of the United States, whereby my uncompensated work for the federal government should be admitted as if it created a debt to the author which SSA can pay, within reason, $1,000 a month, in the short term, before Congress or private publishers purchase the Hospitals & Asylums statute and supplements in manuscript form.

11. The average per capita income of all people globally is $9,600, this is all that I can reasonably be expected to earn as a scholar with a BA in International Relations who can read and speak Spanish with some fluency and Dutch conversationally. The average taxpaying wage is expected to be $40,000 in 2008. The US Poverty line is $17,475 in 2007. For people who are dependent upon social security the special minimum primary insurance amount is $11,000 in 2007. In 2006 and 2007, as the result of increasing independence from my father I have seen significant decline in my income from $11,000 in 2005, only 50% from social security, to $9,500 in 2006, 60% from social security, to $7,900, since I asked for complete financial independence from my father, 95% of my current income is from social security. I am asking SSA to guarantee me an income of at least $1,000 a month with a $365 monthly increase in SSI. I hope this seemingly above minimum payment will be offset by the many years when my economy was more diverse and I did not complain of living below the $916 a month safety net, below $500 a month for five years. My work on the United States Code gives rise to the dream of sharing the burden of copyright royalties with the House Judiciary Committee, Committee on House Administration and Senate Rules and Administration Committee where I am asking for $100,000 purchase and $2,400 a month royalties from a $1 million HA parliamentary precedence fund till 2010 for retired politicians and scholars. I am planning on studying the public and private publishing markets in greater depth in August 2007 after I have finished my second draft of the 1,000 page Hospitals & Asylums Statute (HAS), with bibliography. The third draft in 2010, shall have questions and should be of text book quality. It will also be published on the Internet section by section. By 2020 it is hoped that Congress will have ratified HA, the law.

12. SSA can also hire me as a part time claims processor hoping to try an estimated 10-50 cases a week to make progress on the backlog. If paid training and employment as a social security clerk for the local Administrative Law Judges works out, my work for SSA would make me ineligible for further disability benefits from SSA after a Trial Work Period of only 9 months. It is only logical that I should hope to work for SSA. SSA has been paying me for mental disability and dismissing my journal, statute and brief and hopefully in wait of research articles consistent with the requirements of the Office of Policy. If all goes well I will be paid to process 10 cases a week, 250 of the 1,000 cases already delayed with the local Administrative Law Judge by first quarter 2008. To qualify my application for a clerkship in exercise of the right to the opportunity to gain a living by work freely chosen or accepted in a labor market, this brief is accompanied with the annual June revision of Chapter 3: Health and Welfare (HaW) until 2010, the 2007 draft of which will be released in a few short days. The first draft of 15 September 2004 was titled, County Poor Relief. It is from this date that the sum of $1,000 a month was first requested. The Chapter is codified for publication in Title 24 US Code Chapter 3, the National Home for Disabled Volunteer Soldiers, that has been vacated as the result of numerous repeals from §71-150 and is preserved only in, Subchapter V Battle Mountain Sanitarium Reserve, §151-154 where one can find the $1,000 fine for unlawful intrusion or violation of the rule and regulations that needs to be instituted as poverty line for eligibility for disability benefits much like it is in the average benefits for the disabled and retired. Email and Internet are my preferred method of working from home. If you can send and receive information by email we could start the HA clerkship for SSA, today.

Anthony J. Sanders v. Michael J. Astrue, Commissioner of Social Security. 54 pgs. HA-3-6-07. www.title24uscode.org/AnthonyvSSA.doc