[nfbmi-talk] not just for bep

Thu Aug 2 13:16:23 UTC 2012

By the way all of this information should be afforded in accessible format, 
pro forma...

That includes name, addresses, phone numbers and something missing here 
...e-mail contacts!

Note e-mail is an appropriate means under both state and federal law of and 
for submitting requests for fair hearings, etc.

But Michigan with its multiple violations of the ADA and 504 are in the dark 
ages on this.

This goes to the documented fact that the Michigan Administrative Hearing 
System under Zimmer routinely denies requests for information related to 
cases in the most accessible format of the individual or even simple e-mail.

It is similar to them denying an interpreter for a deaf person and 
fundamentally denies access to the quasi-judicial hearings in a meaningful 
manner.

I'd write more about CAP's violations and lack of understanding on this but 
haven't the time at the moment.

Regardless, sir I'm happy you find this informative. Unfortunately even the 
broken system we have now is being ripped to shreds by the illegal Executive 
Order and by the grossly illegal State Plan which were supposed to have CAP 
input, but did not!

It's an amazing circle of total violation of the Rehabilitation Act which 
creates MRS and MCB to begin with from top to bottom.

Joe Harcz
----- Original Message ----- 
From: "Daniel Garcia" <dangarcia3 at hotmail.com>
To: "'NFB of Michigan Internet Mailing List'" <nfbmi-talk at nfbnet.org>
Sent: Thursday, August 02, 2012 8:26 AM
Subject: Re: [nfbmi-talk] not just for bep

> This message really does contain very useful information. I'll be saving 
> it.
>
> Thank you.
>
> Daniel
>
>
> -----Original Message-----
> From: nfbmi-talk-bounces at nfbnet.org [mailto:nfbmi-talk-bounces at nfbnet.org]
> On Behalf Of joe harcz Comcast
> Sent: Thursday, August 02, 2012 8:05 AM
> To: nfbmi-talk at nfbnet.org
> Subject: [nfbmi-talk] not just for bep
>
> All,
>
> The insidious assault on due process by master Zimmer and the Michigan
> Administrative Hearing system which is inaccessible to the blind in real
> terms goes beyond the BEP program and goes to the Vocational 
> Rehabilitation
> program itself.
>
> Now, for Mr. Zimmer to assume all those duties as judge and jury without
> knowing one thing about the Rehabilitation Act, or Vocational 
> Rehabilitation
> except how to violate it is patently absurd and a universal denial of due
> process.
>
> Re:
> (from MPAS)
> What to do when your MRS/MCB Counselor says "NO"
>
>
>
> What to do When Your MRS/MCB Counselor says, "NO"
>
>
>
> By Andrea Rizor, Employment Advocate
>
>
>
> Many customers think they are without recourse when Michigan 
> Rehabilitation
> Services (MRS) or Michigan Commission for the Blind (MCB)makes decisions
> they
>
> disagree with. Have you been denied eligibility for MRS or MCB services? 
> Has
> it been longer than 60 days for an eligibility decision and you don't know
>
> why? Were you denied a request for a new counsel or denied an 
> individualized
> plan for employment goal or a service? Have you been denied acceptance 
> into
>
> Michigan Career and Technical Institute (MCTI) or Michigan Commission for
> the Blind Training Center (MCBTC)? There are steps you can take to make 
> sure
>
> this decision was appropriate. If you are unhappy with decisions made by 
> MRS
> or MCB, you have the right to appeal.
>
>
>
> If you feel the reason why MRS or MCB made the decision or denial is 
> wrong,
> you can try to resolve the disagreement administratively (by contacting 
> the
>
> supervisor, filing a complaint, and/or consulting with the Client 
> Assistance
> Program (CAP)). Many times this route is successful; however, you should
> know
>
> what other steps are available to you.
>
>
>
> So what is an appeal? An appeal (request for a hearing) is a process where
> you are asking for a formal change to an official decision - challenging a
> decision
>
> made by the local office. You are essentially asking a third party to 
> review
> your case in order to resolve the dispute.
>
>
>
> Why file an appeal? Many people file an appeal after attempting to resolve
> the disagreement administratively but feel that things are taking too long
> (dragging
>
> out) or feel that it's going nowhere. MRS has an incentive to try and
> resolve the matter internally once an appeal is on the table and will,
> therefore,
>
> have staff from other offices review the disagreement to make sure their
> decision follows policy. If no agreement is made, however, the hearing in
> front
>
> of an Administrative Law Judge will be held within 60 days of your appeal
> request. There is no cost to you, the customer. Each agency has its own
> procedure
>
> when it comes to appeals. Here are some important things to remember when
> filing an appeal.
>
>
>
> A few things to know about writing an MRS appeal:
>
>
>
> 1.   The appeal letter must be written and signed.
>
>
>
> 2.   The appeal letter should be dated.
>
>
>
> 3.   The appeal letter should be brief.
>
>
>
> 4.   The appeal letter must specify that you wish to appeal the particular
> denial. The first sentence should include: "I would like to appeal MRS'
> decision
>
> to.." If this is not clear, MRS may think you are simply filing a 
> complaint
> and your appeal will not be processed.
>
>
>
> 5.   If you receive a letter back saying that the request cannot be
> processed, make sure to follow up with the hearings manager to find out 
> why.
>
>
>
> 6.   The appeal letter must be mailed to:
>
>
>
>                 Jaye Porter, Director
>
>           P.O. Box 30010
>
>           Lansing, MI 48909
>
>
>
> Any time you are dissatisfied with a decision made by MCB, you can 
> request:
>
>
>
> 1.   Informal Administrative Review (conducted by MCB administrator)
>
>
>
> 2.   Formal Fair Hearing (conducted by an Administrative Law Judge)
>
>
>
> 3.   Mediation (conducted by Michigan Supreme Court Community Dispute
> Resolution Program)
>
>
>
>      There is no cost to you, the customer. To make a request you must 
> call
> or send a letter to the MCB Hearings Coordinator:
>
>
>
>                 Michigan Commission for the Blind
>
>           P.O. Box 30652
>
>           Lansing, MI 48909
>
>
>
> 1. If you choose an Informal Administrative Review, an MCB administrator
> will be assigned to review your case and will make recommendations for
> possible
>
> resolution. The review must be completed within 10 days and a decision 
> must
> be delivered within another 10 days. This decision does not deny or delay
> your
>
> right to a Fair Hearing.
>
>
>
> 2. If you choose a Fair Hearing, it will be conducted within 60 calendar
> days of the request. The judge will deliver his/her report within 30
> calendar days
>
> of the completion of the hearing. You have 20 days to request a review of
> this decision and it must be in writing to the MCB Hearings Coordinator.
>
>
>
> 3. If you choose Mediation, it will be conducted within 20 calendar days 
> of
> the request. If agreement is made, a written copy will be received within 
> 20
>
> days of agreement. Entering into the Mediation process will not deny or
> delay your right to a Fair Hearing.
>
>
>
>
>
> From:
>
> Michigan Protection & Advocacy Service
>
>
>
> At:
>
> http://www.mpas.org/Article.asp?TOPIC=11220
> _______________________________________________
> nfbmi-talk mailing list
> nfbmi-talk at nfbnet.org
> http://nfbnet.org/mailman/listinfo/nfbmi-talk_nfbnet.org
> To unsubscribe, change your list options or get your account info for
> nfbmi-talk:
> http://nfbnet.org/mailman/options/nfbmi-talk_nfbnet.org/dangarcia3%40hotmail
> .com
>
>
> _______________________________________________
> nfbmi-talk mailing list
> nfbmi-talk at nfbnet.org
> http://nfbnet.org/mailman/listinfo/nfbmi-talk_nfbnet.org
> To unsubscribe, change your list options or get your account info for 
> nfbmi-talk:
> http://nfbnet.org/mailman/options/nfbmi-talk_nfbnet.org/joeharcz%40comcast.net 