[blindlaw] Interesting case in Maine

Ross Doerr rumpole at roadrunner.com
Tue Jul 16 18:07:47 UTC 2013


Recently there was a thread running on this list about having a disability
in court and how it impacts lawyers with a disability doing their work. I
have to say I agree with everything that was said on the list.
Presently there is a case here in Maine through the Federal District court
that seems to be another one of those cases where crooks will get into
anything that may result in their receiving money, and that includes
claiming to have a disability.
The defendant in this article  is being charged with Worker's Comp fraud
(total disability claim) in addition to an impressive variety of other fraud
related charges.
Is it any wonder that lawyers on this list experience a skeptical judge, ALJ
or hearings officer when we are trying to win a case for a client when it is
directly related to them having a disability? 
I bring this up because here in Maine there is an underlying attitude that
worker's comp or disability enhanced retirement payments are being viewed as
"extra money" when someone is either laid off or forced into retirement. I
make no judgement on whether or not this attitude is accurate, but I will
say that I have noted what seems to be an increase in raised eyebrow
skepticism when a disability is being brought fortharound the time of
retirement or when someone is being forced out of their job.
Whether you agree with me or not, I think you will find this article an
interesting read from the standpoint of an attorney.
By the way, for those of you with a criminal background, be it as a
prosecutor or defense counsel, note that this case is being heard in Federal
District Court and that the prosecutors are the U.S. Attorney. This is a
case involving a town official who is charged with fraud and, at a lack for
better words, coruption.
Why would the U.S. Attorney's office prosucute it instead of the DA's
office, the County attorney's office or the State Attorney General's office?
 I am a civil attorney, not a criminal attorney, so it is a lagit question
borne of ignorance of the criminal field.
http://www.kjonline.com/news/Price-gouging-alleged-in-Carole-Swan-trial.html

Ross A. Doerr Esquire
Admitted to practice in ME & NH
View my Blog at:
http://journeyblind.blogspot.com/
for posts about cell phones, adaptive technology and in seeking or keeping
jobs - Enjoy!
 
  





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