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A Question of Legality Post your legal questions here (general, nothing of a personal nature)

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Old 11-05-2011, 02:58 PM   #1
HeatherTheMilf
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Default Disability Question! for a lawyer!

Is it against the law for a program to kick someone out,(profit or non profit org) Just because they receive disability, for a mental issue(depression/anxiety) because they say you are NOT hire able, BUT, yet they will hire a advocate to help you who IS mentally disabled and taking many medications, seeing demons, and tells you how many issues that she has, never keeps her appointments with you ect... ect! Is there something wrong with this picture or is it just me! Looking for an answer!!! PLEASE!!! How can they hire her, but wont help others!

Is it illegal or not to discriminate against disabled individuals, who can legally work, 26 hours a week, or more when they are better over their depression stages!

My friend is needing an answer, Please let me know! She is still involved in this program, and they are telling her if she at any times gets disability, she will be kicked out! She is trying to get job training help from them!
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Old 11-06-2011, 02:40 PM   #2
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Does anyone one anything about this! Thanks!!
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Old 11-06-2011, 10:26 PM   #3
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It could be a government program that if she receives one kind of government assistance she mat not be able to participate in this particular program, if I am understanding what you wrote. There may be programs subsidized by the government for people who have difficulty obtaining regular work, but this program is set up to allow these people an income. These people may not have any other source of income but are eligible for disability but do not receive it, like "sheltered workshop", and if someone receives disability income they are not allowed to participate in special programs. If she does it could be thought of as double dipping.
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Old 11-07-2011, 04:54 PM   #4
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I think i understand what you are saying here, that if someone is getting disability they can not get support from another group that is getting government grants , that would be double dipping? I know a lady that was trying to find a job out of the business but because she was on disability they would not help her with financial support until she found work, is that illegal to discrimanate because she is on disability since people can work part time on it?
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Old 11-07-2011, 05:50 PM   #5
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no comment on the legality or discrimination issue.

but if a person is on disability, the Social Security Administration has rules about how much income that person can make per month, and how that income affects [that is reduces] their disability income. i know a guy who is bi-polar and has many health conditions that severely limits his ability to work. he receives around $900 a month in SS disability payments. if he decided to work, then any income he would receive from any job [that reports to SS and IRS] will reduce that $900. he could always work for legit but under-the-table wages, which he has done from time to time.

it's legal and not discrimination.
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Old 11-07-2011, 08:43 PM   #6
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Women leaving sexually oriented businesses often make contact with us by visiting a Wednesday night group. We are launching a new Resource Center to provide individualized training and support to you as you explore opportunities for a new life. This center is open 5 days a week and childcare if available on a reservation basis.

Wednesday night support includes dinner, life skills education and a Biblically based curriculum designed to assist women in making the emotional and spiritual transition from working in sexually oriented businesses to a healthier life. Visitors meet with a staff or volunteer on their first Wednesday night to receive more information about the program so we can get to know more about your needs. Further details about joining the program are given during this time as well.((THIS IS A LIE TOOK 3 MEETINGS BEFORE SHE TALKED TO ANYONE))

Protégés commit to changing their lifestyles, living within a budget, remaining drug- and alcohol-free, and gaining the education or skills needed to acquire conventional employment. Protégés may receive financial assistance for a specified period of time to assist in their transition to conventional employment. Protégés work with a protégé advocate (case manager) to develop, and be held accountable to, an action plan to move toward a new life for themselves and their children. Through partnerships with other helping agencies and volunteer professionals, We also provides a wide variety of pro-bono services, such as job readiness training, educational opportunities, GED preparation classes, and budget counseling as well as personal therapeutic counseling.

Monthly analysis of each woman’s progress toward self-sufficiency is based on individualized educational/career plans. The average time for a protégé to reach self-sufficiency is 1-1/2 years, though many elect to remain in contact with their protégé advocate beyond that time. When women graduate from the protégé status, support services and leadership opportunities are made available to them.
This is what they say!!! BUT they do NOT tell you that they will NOT help you if you are approved for disability, and they really push you to get it, Then after the 2-3 months it takes to get accepted, into their program, They make it seem like that you are NOT able to work, BUT you are, just only 26 hours a week, with a part time job & disability, many ladies can maintain!! They tell you that if your on any medications ect, you can not be employable, THEY have a advocate there, that is on many meds. & sees demons. and openly talks about it to her ladies, she is suppose to be helping, so IF the ladies on disability for mental issues, that are less severe as the advocates are NOT employable, WHY IS SHE!!! they hired her, so why woulnd'nt other ladies be hire able too at other JOBS!! IS DISCRIMINATION LEGAL!! Why is she being denied help to lead a normal life, because she is on disability, they told her what ever income she has, would be fine, and they would help her with the rest, until she found a job, to make up the difference, she only wanted to go to school $550.00 and she could have became a CNA and made enough money to keep up with her bills legally, only needed help for 2-3 months!! She really believed in this program, and lost almost everything she had, to do what was right, by the program rules, It took her 2 months of NOT working in the business, to become a protege... she was getting food from food banks, SEARCHING FOR CHURCHES THAT HAD FUNDING TO PAY HER RENT/ELECTRIC ECT... just to live!! and then they just kicked her out, when they found out she was approved for SSI!! So where did she go..... BACK TO THE BUSINESS!!! They would not even help her with the basics, as they lead people to believe ... they receive many donations, from all over!! Even government grants!! She needs help, and they sent her away!! Because she has depression.... I wonder why she has it!!!
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Old 11-08-2011, 06:20 AM   #7
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Don't think you can get a fair and complete response given the limited information you posted. what type of is it, government or private sector? ("DISCRIMINATION" is actually allowed in many scenarios, even within social security disability.) The type of disability program; yes, there are varying disability programs both within and outside of social security. What are the state laws (i.e. Right to work)? Some responses above are partially correct and incorrect. It is not so simple as an internet post. Call an attorney to get the right answers.
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Old 11-13-2011, 05:15 AM   #8
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Some program only help those without income.
If she is receiving SSI that is considered income.
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Old 11-14-2011, 08:20 AM   #9
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This program is made for women to get out of the business, and help you find a job, and income to help you maintain without having to be in the sexually oriented business, They are suppose to help you with what income you don't have, until you can do it all legally on your own, SSI is a income & it does NOT make you unemployable, People on SSI can still work, just part time, and with ssi and a part time job, ladies can maintain a normal life! They push you to get SSI, and when you do they kick you out!! This is not fair!! They force ladies back in the business!
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Old 11-14-2011, 02:47 PM   #10
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SSI is not the same as Social Security Disability. SSI is partly Federal funding and partly State funding. It is administered through the Social Security office, but there is some requirement about ability to work. I don't recall what it is exactly. Work income would reduce her SSI payments. Work income equal to or more than her SSI payments would knock her off SSI. It has to be in the strings on Federal funding that the group is receiving.
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Old 11-14-2011, 04:49 PM   #11
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SSI is 100 percent federal funding. It is NOT administered by any state. SSI is income and asset sensitive meaning that benefit amount is reduced in direct proportion to your income/assets from any source. SSI for those under retirement age is a disability program. Therefore, receiving any SSI funds means that you have been found disabled. SSI is a Title XVI program. SSDIB is a Title II program and is another disability program administered at the sole discretion of the federal government.

Now that you see that so many of the responses are not truly accurate, you hopefull see the need to contact an attorney who knows what he is doing.
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Old 11-15-2011, 08:01 AM   #12
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Quote:
Originally Posted by TXGENT View Post
I think i understand what you are saying here, that if someone is getting disability they can not get support from another group that is getting government grants , that would be double dipping?
This is correct.

Quote:
Originally Posted by pmdelites View Post
no comment on the legality or discrimination issue.

but if a person is on disability, the Social Security Administration has rules about how much income that person can make per month, and how that income affects [that is reduces] their disability income. i know a guy who is bi-polar and has many health conditions that severely limits his ability to work. he receives around $900 a month in SS disability payments. if he decided to work, then any income he would receive from any job [that reports to SS and IRS] will reduce that $900. he could always work for legit but under-the-table wages, which he has done from time to time.

it's legal and not discrimination.
Yes it is the SGA (substantial gain activity) or TWP set at 900 a month for people on disability. You can be on disability and work but cannot make more than 900 a month after the initial 9 month period. During the first 9 months of work you can make as much as you want and not be penalized, but if you make that same amount after the 9 month period or over the 900 set SGA then your disability is dropped (however if you start to have problems again related to your disability you do not have to go through the red tape and can send in a request to regain disability payments again).

If the program (profit or non profit) is giving some type of funds for your friend then your friend takes disability she / he qualifies for work/school assistance through Texas Department of Assistive Rehabilitation program. They will invest a certain amount of money for a disabled person to give them job training, schooling or what ever is necessary to help them obtain employment. Albeit she/he will have to be approved and pass psychological testing to assure that they are capable of handling a job and that their disability is not too severe. They don't want to invest that money in someone who maybe set up for failure because their disability is too severe. Also you can look up DARS online and "the right to work ticket".

Just pm me. I have experience with this as I have family members who are on disability who I have helped.

Edit: Here are some links to help understand: http://www.ssa.gov/redbook/2010/ssdi...supports.htm#1 This is the 9 month period I was referring to.

http://www.ssa.gov/work/receivingbenefits.html For all other questions.
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Old 11-15-2011, 09:03 AM   #13
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Quote:
Originally Posted by Guilty Pleasures View Post
Yes it is the SGA (substantial gain activity) or TWP set at 900 a month for people on disability. You can be on disability and work but cannot make more than 900 a month after the initial 9 month period. During the first 9 months of work you can make as much as you want and not be penalized, but if you make that same amount after the 9 month period or over the 900 set SGA then your disability is dropped [......]

If the program (profit or non profit) is giving some type of funds for your friend then your friend takes disability she / he qualifies for work/school assistance through Texas Department of Assistive Rehabilitation program. [......] Also you can look up DARS online and "the right to work ticket".
Good golly! SGA was $900 per month in 2007. $940 in 2008, $980 in 2009, and $1,000 in 2010 and 2011.
The 9 months period to which you refer is most likely a "trial work period." If so, your assessment is not accurate. SSI will STILL be adjusted based on income. SSDIB will not during that period. Furthermore, there is a much lower dollar amount that will "put you on the radar." Money earned after the 9-month period does not cause disability to be "dropped." There are other things at issue such as employer subsidies and impairment related work expenses which can help you continue to "work" and draw a full Title II (SSDIB) benefit.

The Ticket to Work program (which is a SS program administered by the individual states under the state's own rehabilitation program) is 100 percent voluntary. Feel free to try to return to work, if it fails, it fails. If it succeeds, that is better for everyone.

Again, the information this site is VERY limited and you have particular facts which can only be properly addressed through legal counsel. I will no longer respond to this thread as my opinions will not change.
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Old 11-15-2011, 09:14 AM   #14
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Quote:
Originally Posted by SaintBerry View Post
Good golly! SGA was $900 per month in 2007. $940 in 2008, $980 in 2009, and $1,000 in 2010 and 2011.
The 9 months period to which you refer is most likely a "trial work period." If so, your assessment is not accurate. SSI will STILL be adjusted based on income. SSDIB will not during that period. Furthermore, there is a much lower dollar amount that will "put you on the radar." Money earned after the 9-month period does not cause disability to be "dropped." There are other things at issue such as employer subsidies and impairment related work expenses which can help you continue to "work" and draw a full Title II (SSDIB) benefit.

The Ticket to Work program (which is a SS program administered by the individual states under the state's own rehabilitation program) is 100 percent voluntary. Feel free to try to return to work, if it fails, it fails. If it succeeds, that is better for everyone.

Again, the information this site is VERY limited and you have particular facts which can only be properly addressed through legal counsel. I will no longer respond to this thread as my opinions will not change.
Well I am glad you posted. I have been trying to help family members, and this was a while back. So I was not aware of the recent changes over the years. At least I gave links and I hope that helps, and I am glad you are able to post this and give more accurate info.

xoxo
GP
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