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

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


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 be relied upon as if they were legal advice. I give legal advice ONLY in the course of a formal attorney-client relationship. Exchange of information through Avvo's Questions & Answers forum does not establish an attorney-client relationship with me. That relationship is established only by joint execution of a written agreement for legal services. I am only licensed in the States of California and New York and the District of Columbia

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

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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 advice. Different lawyers may analyze this or any other matter differently, especially if there are additional facts not reflected in the question. I am not your attorney until retained by a written retainer agreement signed by both of us. I am licensed in the state of California and the Central District of the Ninth Circuit.

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1 comment



The man's attorney asked the judge to consider that his health would suffer if he were incarcerated and the judge said, "I don't care." Judge refuses to consider Social Security Administration ruling as valid and stated that man is ,"not disabled enough." 90 days does not count against his community service or probation. Lawyer said it would take longer to appeal than to serve the sentence, but does not see a way to keep it from happening again.

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