[blindlaw] Justification

Fri Apr 8 22:44:40 UTC 2011

Why don't you write the letter for the guy?
Steve
----- Original Message ----- 
From: "Dittman, Robert" <rdittman at stmarytx.edu>
To: "NFBnet Blind Law Mailing List" <blindlaw at nfbnet.org>
Sent: Friday, April 08, 2011 1:05 PM
Subject: Re: [blindlaw] Justification


> Hello,
>
> First I must state that the following is not legal advice, and should not 
> be relied upon as legal advice. I am not an attorney, and this interaction 
> is not covered by the attorney client privilege. I am not representing you 
> in any fashion, As a law student I am not licensed to practice law in any 
> state, thus the use of this disclaimer.
>
> Okay, now that you have been advised that I am not a lawyer, and this is 
> only opinion the same as yours or any other person, I hope you will 
> consider the following points.
>
>
> 1. Your argument isn't clear. I can gather that you want to receive 
> support to get into a training program, but it isn't clear which one.  As 
> an example, you talk about the CCB then you end the letter by stating how 
> you want to be a productive Floridian.  Try to write the letter in bite 
> size parts so that the meaning is crystal clear.  This is done by using 
> small sentences. A good rule of thumb is write as if your speaking to a 
> five year old.  If you tell them too much at one time your meaning will be 
> lost.
> Here is an example.
>
> I am requesting that my rehabilitation   case with your agency be reopened 
> to permit me to enter and complete an independence emersion program. 
> After conducting research, I have decided that my program of choice is 
> located at the CCB.
>
> There, you see, in two sentences you have stated exactly what you want. 
> There can be little misunderstanding what you want, and where you would 
> like to attend your training program.
>
> 2. You go from stating the opinions of others such as your personal 
> hygiene to stating the thoughts of a friend when they attended the program 
> at CCB.  opinions  are like... well you get the picture. Nothing matters 
> beside the fact that you are making the request on your own for your own 
> best interest.  Stick to stating what you want, why you want it.
>
>
> 3. It is unclear why the CCB will be the best option.  Remember it isn't 
> your funding, and in order for your state agency  to allocate the funds, 
> they have to justify the cost.  As my professors always say, don't forget 
> to argue the other side.  Is your reasons to go to the CCB and not another 
> instate program simply because you "want" to go there?  If so, that isn't 
> enough to carry the day.  You might state things such as.
>
> Proven track record, availability of specific training, familiarity of the 
> program from speaking with others.  Regardless, remember that it isn't 
> your funding, it is the tax payers, and it is the agency's duty to make 
> sure they spend those funds not only in your best interest, but also in 
> the most transparent and responsible way.
>
> What makes the CCB better than your instate training program? Make a list, 
> narrow it down to four or five reasons.  Pretend that you had the power to 
> grant the request and ask yourself is this based upon facts, or opinion. 
> Facts will carry much more weight than simply wanting, feeling, needing, 
> because others told me this or that.
>
> 4. Wow you have done a lot, receiving a master's degree and a BA. Remember 
> that you have to use these professional credentials to your best interest. 
> The counter argument is that you already have professional degrees, so why 
> should the state spend more funding on someone with such degrees when 
> there are many without them.
>
> You may want to consider stating that you are continuing to work toward 
> the use of these degrees but need some additional training on personal 
> living skills.  I notice that you end in your letter how you want to begin 
> a new training track with a new degree.  This is by no means impossible, 
> however remember the counter argument, you have many degrees, many blind 
> people do not.  State why you should receive the support when others also 
> need it.
>
> 5. I know you want to put "teeth" into your letter. While I understand 
> there may in time be the need to do this, this is better served when or if 
> you are ever represented by a lawyer in your state.  Yes you are 
> frustrated, yes you want them to grant your request yesterday, but 
> demanding something before asking for it does not help your cause.
>
> There may be no need to make legal arguments.  If you notice I have not 
> sited any legal action or stated any laws.  This is because as we say in 
> Texas "You ain't there yet."  Try to use honey rather than sulfuric acid 
> first. Instead, stick to the importance of receiving this training so that 
> you can continue being a productive member of the blind and sighted 
> communities.  State how you understand the mission of the agency is to 
> enhance the independence and dignity of blind people in your state, and 
> that you are calling on that agency for its assistance.
>
> Thank them for their consideration and let them know that you are 
> available by letter, phone, or in person interview should they wish to 
> discuss this request.
>
>
> To close, again this is not legal advice, just from a blind person who 
> wants to see others meet their goals.  I hope my thoughts help and I wish 
> you all the best success in meeting your goals.
>
> Sincerely, and good luck,
>
> Robert Dittman
>
> -----Original Message-----
> From: blindlaw-bounces at nfbnet.org [mailto:blindlaw-bounces at nfbnet.org] On 
> Behalf Of RJ Sandefur
> Sent: Thursday, April 07, 2011 6:28 PM
> To: NFBnet Blind Law Mailing List
> Subject: [blindlaw] Justification
>
> I'm writing a justification letter for me to be able to take training from 
> CCB, but our state agency likes to play hard ball. What can I put in this 
> letter in order to say something to the effect, "If you violate my write 
> of informed choice, their will be legal action? Here's a copy of the 
> letter. Make changes to it if you wish. RJ
>
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