How can a physically disabled 28 year-old have community service waived if his PO does not consider him disabled enough in CA?

Asked 11 months ago - Woodland Hills, CA

The man received SSI, but the federal judge and PO refuse to consider any documentation from SSA or any other government agency. He must prove his disability via non-gov't doctors. He was sent to prison for 90 days for failure to perform community service after serving 750 hours until his health failed. PO withholds info. from the court, such as therapist says man's health will not improve. PO promises man will continue to be sent to prison until he is able to work again. PO and judge refuse to identify rules that allow them to interpret disability outside of federal standards, insisting that man cannot work for money, but can work for Com. Service because it is unpaid labor. Man's doctors write he cannot work, but PO won't accept that.

Attorney answers (3)

  1. Anthony Michael Solis

    Pro

    Contributor Level 20

    Answered . You need your attorney to get involved.

    No legal advice is given here. My responses to questions on Avvo are never intended as legal advice and must NOT... more
  2. John M. Kaman

    Pro

    Contributor Level 20

    Answered . Something is wrong here. Why don't you hire Mr. Solis? He seems to have a lot of free time.

  3. Andrew Joseph Bouvier-Brown

    Contributor Level 13

    Answered . There is someone missing from this discussion: the man's attorney. Surely, the man must have one, whether privately retained or through the office of the federal public defender. It's not up to the "PO" to decide what is or is not acceptable evidence on this issue, it's up to the judge, and that judge must consider the input of the man's attorney.
    If this man somehow, through some terrible twist of fate, does not actually have an attorney-- then get the man an attorney, pronto. That will go much farther to solving this crisis than posting about it here.

    Any answer provided on Avvo, including this one, is a general answer about a legal question, not specific legal... more

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