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Q: Recovering exempt disability benifits ( No Answer,   2 Comments )
Question  
Subject: Recovering exempt disability benifits
Category: Business and Money > Consulting
Asked by: anajohn-ga
List Price: $50.00
Posted: 21 Oct 2005 22:48 PDT
Expires: 22 Oct 2005 21:24 PDT
Question ID: 583387
What can a Disabled 73-years-old CA resident (Contra Costa County) do
to Recovery ($467,200) of Wrongful taking of his exempt DISABILITY
BENEFITS protected by Fed law, Code of CA Procedure § 1801(3) and FL
Statute § 222.18, ?disability income benefits received under any
policy?accident? insurance is exempt from the claims of creditors.?
Seven years of Disability income that was taken by Former wife
(Sanford FL) and her sharp-practice Orlando Attorney Robert Grguric in
a 1999 default judgment (no-notice) in Seminole County FL Circuit
Court case DR 98-4687. A (Pro se) motion filed by John McCarty; to set
aside default judgment; for fraud upon the court, is under appeal FL
5th DCA # 5D05-1912. Policy was bought through State Mutual by CA
resident John McCarty in CA in the 1960s and disability occurred in CA
9/5/1970 the $800 benefit was received by John monthly until 1999 when
(Allmerica, administered by MetLife, Tampa) through an Income
Deduction Order, procured by Mr. Grguric without an ability to pay;
causing injury and hardship improperly gave 100% of the Disability
income Benefit to Former Wife LaDan Gordon.

Clarification of Question by anajohn-ga on 22 Oct 2005 21:21 PDT
Revision 1, 10/22/05 

1) 1952 discharge (Korea Combat Veteran) 30% VA disability benefits
averaging $200.00 monthly
2) 1960 I purchased in CA a Disability Income Insurance Policy (?Policy?) 
3) 1970 in CA I became disabled and collected:
4) SSA disability benefits $1,000 average 
5) Policy MetLife $800 monthly
6) My gross income from these disability benefits was approx. $2,000. 

7) In 1999 my wife managed a clandestine dissolution trial and
fraudulently got the Seminole County FL Circuit Court case DR
98-4687.a (Sanford FL) default judgment and I was ordered to pay her
$2,000 monthly alimony.

8) Income deduction orders against my benefits got her 50% of the SSA
and 100% of the $800 Disability income policy e.g. $1,300 in monthly
alimony.

9) There were no children involved or assets to be divided from either party.

10) I believe such policy benefits are protected by Fed law; Code of
CA Procedure § 1801(3) and FL Statute § 222.18, ?disability income
benefits received under any policy?accident? insurance is exempt from
the claims of creditors.?

11) Many motions have been filed and in 11/2002 Judge Freeman ordered
the income deduction orders to be set aside, however her attorney Mr.
Grguric without a hearing forum shopped and got the order revoked.

12) I tried calling lawyers on both coasts only to find that they want
front money. Since this is Family Matter with no children involved and
I am not a resident of Seminole County FL I am denied Pro Bono
counseling.

13) Now my total monthly income is $892.00 

14) I have preceded mostly Pro se. The last of my many motions was to
set aside default judgment due to fraud upon the court, it was denied
5/4/05 and is under appeal FL 5th DCA # 5D05-1912.

15) THE QUESTION IS WHAT CAN I DO as a resident of Contra Costa
County, CA, to Recovery the wrongful taking of my exempt DISABILITY
income BENEFITS taken in FL.? Is there someone that knows can help me?
Answer  
There is no answer at this time.

Comments  
Subject: Re: Recovering exempt disability benifits
From: roxrox-ga on 22 Oct 2005 15:34 PDT
 
Hmmm well, you must have owed your ex-wife the money, right?
Apparently you had $467,200 in the bank that your wife got.
Where did that money come from, did you sell a house or jsut save it?

If you could clarify the question it would help.
Could you possibly write it simple such as,
In 1965 I divorced my wife, I was ordered to pay $XX monthly alimony.
I never paid her any alimony.
in 1970 I became disabled and collected $xx monthly from an insurance
policy I purchased in 19XX
In 1999 my ex sued me in court in Florida for ??? and got a judgement for $XXX
etc. etc.
Subject: Re: Recovering exempt disability benifits
From: cynthia-ga on 22 Oct 2005 17:15 PDT
 
roxrox, 

Since 1999, 100% of anajohn's monthly VA disability checks have been
given to his ex-wife.

I assume since the monthly benefit is $800, that the remaining amount
to total $467,200 was some kind of permanent disability lump-sum
award, which she also got her greedy little hands on.

Indeed, I was on Federal Disability for 6 years, which is exempt from
all manner of creditors, like anajohn's benefits are.  How this
happened is a mystery, why he cannot get relief or assistance is
criminal.

I would start in the yellow pages and call every attorney that
advertises this type of case, beyond that, I am scratching my head.

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