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NOSSCR v LARRY G MASSANARI Click to find out why . . .



Keywords & Phrases
CaseNo: NVLGM135738, Plaintiff: NOSSCR, State: IA Iowa, UniqueCaseRef: LCD>NVLGM135738, Plaintiff Blake Parker, User Fee, Commissioner, Attorneys Fees, Assessment, Social Security, Act, Claimants, Public Law, United States, Representatives, Ticket, Disability, Congress, Calculation, National Organization, Acting Commissioner, Work Incentives Improvement, Assessment Rate, Security Administration, Fees Withheld, Plaintiff Nosscr, Court Deems, Monetary Damage, Federal Rule, Past-due Disability Benefits, Prosecution, Complaint Pursuant , ContentID: 120250177

Case Documents
1   COMPLAINT
[ see first page and extracted highlights below  ] ItemID: 124021
15 pages
PDF
Total Documents: 1 document , 15 pages
Price: $ 19.95


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1 . COMPLAINT

EXTRACTED KEY WORDS
USER FEE
COMMISSIONER
ATTORNEYS FEES
ASSESSMENT
SOCIAL SECURITY
ACT
CLAIMANTS
PUBLIC LAW
UNITED STATES
REPRESENTATIVES
TICKET
MEMBERS
DISABILITY
CONGRESS
CALCULATION
NATIONAL ORGANIZATION
ACTING COMMISSIONER
DEFENDANTS
WORK INCENTIVES IMPROVEMENT
ASSESSMENT RATE
SECURITY ADMINISTRATION
FEES WITHHELD
PLAINTIFF NOSSCR
COURT DEEMS
MONETARY DAMAGE
FEDERAL RULE
PAST-DUE DISABILITY BENEFITS
PROSECUTION
COMPLAINT PURSUANT
                                IN THE UNITED STATES DISTRICT COURT
                                FOR THE NORTHERN DISTRICT OF IOWA

                                            WESTERN DIVISION


     BLAKE PARKER, On his own behalf and on
     behalf of all others similarly situated, and

     NATIONAL ORGANIZATION OF SOCIAL
     SECURITY CLAIMANTS                                          Civ. Act. No.CO1-3044 MWB
     R
          EPRESENTATIVES (NOSSCR),

       Plaintiffs,
            v.                                                   COMPLAINT
      LARRY G. MASSANARI, Acting
     Commissioner of Social Security, and
      DAVID M. WALKER, Comptroller General
     of the United States,
        Defendants.

                                       PRELIMINARY STATEMENT

          1.   This is an action filed on behalf of Plaintiff Blake Parker and the National

of Social Security Claimants Representatives.  This action is filed as a class action on behalf of

all attorneys similarly situated.  Plaintiffs seek enforcement of section 406 of the Ticket to Work

and Work Incentives Improvement Act of 1999, Public Law 106-170, also known as the "Ticket

to Work Act."  That section governs the calculation, assessment, and collection of a "user fee" on

attorneys fees withheld from past-due disability benefits paid to claimants by the Commissioner.

  1



     2.   The Comptroller General has failed and refused to issue a study pertaining to the "user

fee" required by act of Congress to be submitted to Congress by December 17, 2000.  The

Commissioner has improperly calculated, assessed, and collected the "user fee".

     3.     The Commissioner is required to withhold attorneys fees under certain circumstances.

The Commissioner does not timely withhold and pay attorneys fees.  The "user fee" has caused
SNIPPETS:
  • LARRY G. MASSANARI, Acting Commissioner of Social Security, and DAVID M. WALKER, Comptroller
  • This is an action filed on behalf of Plaintiff Blake Parker and the National Organization
  • of Social Security Claimants Representatives.
  • Plaintiffs seek enforcement of section 406 of the Ticket to Work
  • to Work Act."
  • That section governs the calculation, assessment, and collection of a "user fee" on
  • attorneys fees withheld from past-due disability benefits paid to claimants by the
  • fee" required by act of Congress to be submitted to Congress by December 17,
  • Commissioner has improperly calculated, assessed, and collected the "user fee".
  • The Commissioner is required to withhold attorneys fees under certain circumstances.
  • Blake Parker and other class members by 6.3%.
  • the takings clause of the fifth amendment to the United States
  • Plaintiff National Organization of Social Security Claimants' Representatives
  • Larry G. Massanari is the Acting Commissioner of Social Security.
  • Have had, or will have, suffered monetary damage by having that fee reduced by the
  • Work Incentives Improvement Act of 1999, Public Law 106-170, also known as the "Ticket to
  • the Social Security Administration has not cooperated
  • We based our decision to continue the 6.3 percent assessment rate on work sampling and
  • On January 24, 2001, Plaintiff NOSSCR, by its Executive Director, requested a copy
  • prosecution of this action under 28 U.S.C. §2412;
  • For such other and further relief as this Court deems just and proper under the
  • action as defined in Paragraph 15 of this Complaint pursuant to Federal Rule of
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