In 2013, SSA transferred authorization over to APS in handling and managing my funds. APS failed to provide my funds accordingly and I became very sick and could not seek medical attnetion because I had no funds to rely on. I bled for 4 months and could not seek medical attention. This caused me to suffer from chronic anemia and hypocalcemia. During this time, I has suffered a serious throat infection that I could not treat for 4 months. Because of this , I am very ill. Can I sue SSA and APS for damages? After this, I have been hospitalized and am undergoing several medical problems that are life threatening.
As a general rule, governmental agencies have legal protections against being sued for doing a bad job. However, you should consider consulting an elder abuse lawyer in your community. You can use the "Find a lawyer" option on Avvo to locate someone who practices this kind of law near you. This is a complicated situation and will likely require an in-person consultation.
Information in response to questions posted on this site is shared for general educational purposes and is not specific legal advise to be relied upon when taking any action. The facts and circumstances of situations vary and a detail conversation with counsel is required to assess a matter sufficiently to provide appropriate advice. An executed retainer agreement is required to establish an attorney-client relationship with this attorney and the firm with which she is associated.
You should contact a social security attorney to specifically review the applicable law with you. You can do a search on Avvo in your city/county to ask them to directly contact you as this question needs to be reviewed in detail given your present circumstances.
If you find this to be a helpful answer or the best answer, please designate that for me as I appreciate your feedback and also keep in mind that no attorney-client relationship has been created by this response to the posted inquiry as it is not, nor is it intended to be, legal advice but only general information for you as the questioner. Thank you.
As the other attorneys have noted, this is not a question that can be answered with a straight up "yes" or "no" because too many factors are involved. You need to confer with an elder law attorney who is familiar with going to court against government agencies. The rules on "sovereign immunity" vary from state to state and what might be actionable in one state may not be in another. The time and money you spend to get a definitive answer to your question will be well spent.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline