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Old 01-23-2019, 01:53 PM
 
4,700 posts, read 1,760,336 times
Reputation: 4133

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Hello. I am needing to write a rebuttal statement. I had initially considered the situation to be confirmation bias, but I'm wondering if another terminology would be a better fit.

Background:

Towards the end of 2015 my father tried to bully me into having my disability benefits going to his bank account so that he would control my money. My father is very abusive felon. I try to avoid him.

I tried to move out of the state to get away from abusive family, but I failed due to illness. I ended up mostly living in my truck for few months.

In retaliation for my not giving him control over my money, my father wrote an anonymous letter to SSA claiming I was making up my illnesses and was gaming the system.

SSA sent information to the attorney general's office which dispatched investigators. They 'investigated' with the presumption I was guilty and tried to collect evidence. They didn't find evidence, so they altered records (I have total proof of this and will include it all in this rebuttal) to try and attack my character. For example, they altered one medical record to where they took out the information where I'd been seeing another specialist for couple years because of insurance reasons and had come back. They deliberately made their summary of the file to make it sound like I went two years without seeing a doctor for this one medical problem and used that to conclude in the fraud report that I was faking that ailment. They did this for all of my medical problems in some way.

They even twisted my experience at being homeless during a brutal winter to sound as though I went on vacation. I had traveled south to keep me and my cats from freezing to death, and the investigator wrote up that I had admitted that I had traveled south for a bit of warm air like I'd gone on vacation. They lied and said I had done other things as well, and I ended up with evidence that I'm attaching to my rebuttal to prove how they lied.

But anyhow, I am looking for the term that covers someone going to such extremes to prove someone guilty when they already went into the investigation with the belief that the person is guilty. I am opening my rebuttal with the terminology and explaining how I will be showing how the investigation was conducted in such a manner.

Thank you in advance.
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Old 01-23-2019, 05:01 PM
 
Location: Southwest Washington State
29,420 posts, read 20,153,212 times
Reputation: 47110
Presumption of guilt, perhaps?

I think the bulk of your written statement should be facts based. You should rely on your doctors' statements. Don't spend too much time accusing people of stuff. If you have access to legal aid in your state, I'd visit them before writing your statement.

Last edited by silibran; 01-23-2019 at 05:17 PM..
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Old 01-23-2019, 05:28 PM
 
4,700 posts, read 1,760,336 times
Reputation: 4133
Quote:
Originally Posted by silibran View Post
Presumption of guilt, perhaps?

I think the bulk of your written statement should be facts based. You should rely on your doctors' statements. Don't spend too much time accusing people of stuff. If you have access to legal aid in your state, I'd visit them before writing your statement.
Thank you.

I have a legal aid attorney.

Most of my written statement is addressing the allegations against me and presenting actual evidence that it isn't true.

My medical records fill up boxes and I am only addressing in my statement where they were altered in the fraud report. The rest of the records I figure speak for themselves. I have one primary doctor and five specialists that I see, so the records may take weeks to sift through.

I was told that holes needed to be poked in the fraud report, because if fraud is presumed then they no longer need to show you can do gainful employment. They just have to show that you misrepresented yourself. I am going to clearly show that not only did I not misrepresent myself but that it was the government that misrepresented the facts. I'm not going to call people names or anything like that.

I have been treating it as a project like I used to do in college to try and remove emotion from it because I have trouble functioning under those circumstances. It's going to sound completely professional. I have a master's degree and graduated with very high GPA. I just have never been able to stay employed because of all of my health problems. If I were a healthy person I could've done very well in life.

Thanks again for your response.
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Old 01-23-2019, 07:47 PM
 
Location: Southwest Washington State
29,420 posts, read 20,153,212 times
Reputation: 47110
Quote:
Originally Posted by yspobo View Post
Thank you.

I have a legal aid attorney.

Most of my written statement is addressing the allegations against me and presenting actual evidence that it isn't true.

My medical records fill up boxes and I am only addressing in my statement where they were altered in the fraud report. The rest of the records I figure speak for themselves. I have one primary doctor and five specialists that I see, so the records may take weeks to sift through.

I was told that holes needed to be poked in the fraud report, because if fraud is presumed then they no longer need to show you can do gainful employment. They just have to show that you misrepresented yourself. I am going to clearly show that not only did I not misrepresent myself but that it was the government that misrepresented the facts. I'm not going to call people names or anything like that.

I have been treating it as a project like I used to do in college to try and remove emotion from it because I have trouble functioning under those circumstances. It's going to sound completely professional. I have a master's degree and graduated with very high GPA. I just have never been able to stay employed because of all of my health problems. If I were a healthy person I could've done very well in life.

Thanks again for your response.
OK. I want to wish you good luck with this. I am glad you have an attorney. It frustrates me no end that people who really need lawyers, often can't afford to hire one. Glad to know you found one.
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