Jeffery N Drake
161 N Main St
Greenville, KY 42345
RE:Tammy Chavies
403-94-2122
Request for Hearing By Administrative Law Judge
March 12, 2005
Dear Sir or Madam:
I filed this same form for an administrative hearing a couple of months ago, but apparently I filed it incorrectly so I am herby filing it again.
I am the guardian for Tammy Chavies, a 35 year old mentally retarded female who was abandoned by her family at birth. Jefferson County determined that her prior guardian whom she lived with was abusing her a few years ago and I was asked by the social agency helping to care for her if I would be her guardian. I agreed, but I later moved 2 hours away from Louisville and I now travel extensively.
As a result, I got way behind on paying her bills to the social agency that cares for her but they knew my situation. However, when SSI asked me to bring in her bank statements, they saw that she was over the $2,000 limit because of my non-payments and terminated her benefits. I quickly paid her bills and presented the receipts, but after 2 months, I was told that SSI would not reinstate her because she has a prepaid burial policy that became part of her assets since she was terminated due to an obscure state law.
Meanwhile, because SSI terminated her, the state Medicaid office also terminated her and she is now about $25,000 in debt because of her severe condition. Tammy has been diagnosed with severe mental retardation, is also blind, has only one functioning kidney, has severe thoracic scoliosis, and has hypothyroidism. Tammy also has Celiac Sprue disease which is an autoimmune disorder caused by a gluten intolerance. This disorder prevents Tammy from absorbing nutrients from food and, before she was diagnosed and placed on a gluten free diet, caused her to drop down to almost 50 pounds. She almost starved to death. Tammy is now a healthy 92 pounds, but her condition must be monitored by a physician regularly to ensure that she remains healthy.
Tammy has been on the Medicaid Waiver for individuals with mental retardation for most of her life. This funding pays for her home staffing and her day services, which are necessary for Tammy to reside in the community. Fortunately, the agency providing her residential and case management services has continued to provide residential services to her at tremendous cost to the agency and has also covered all of her prescription costs and the costs of her day program services. I do not believe that this agency can continue to be this generous much longer, in which case Tammy may become homeless.
As stated previously, Tammy’s medical condition requires that she have regular visits with her physician. As she currently does not have any medical insurance, she is unable to see her physician at this time which seriously threatens her health.
This situation has reached a real crisis. I understand that SSI has rules, but Tammy Chavies has never in her life had anything more than what the government and the generosity of strangers has bestowed on her. I’m not requesting a hearing before an administrative law judge because I have other evidence to present. I definitely did allow her checkbook to get over $2,000. I am requesting a hearing because Tammy is a human being who desperately needs another human being who can over-rule the rulebook that is threatening her very life.
Sincerely,
Jeffery N Drake
Guardian for Tammy Chavies