Running head: Kelly & Associates Memorandum
Memorandum for Ms. Allison Moody
To: Liam Joseph, Supervising Attorney, Kelly & Associates, LLP
Re: Ms. Allison Moody initial disability claim.
Ms. Allison Moody filed a disability claim online through the Social Security Administration’s website. She then saw our company advertisement offering a free consultation for anyone who has been denied disability benefits. Although her claim has not yet been denied, Ms. Allison Moody was concerned and has made an appointment with our company for the next morning.
Does Ms. Allison Moody qualify for a free consultation with Kelly & Associates, LLP, even though she has yet to be denied for disability benefits?
The Due Process Clause says that states or the federal government afford certain procedures before depriving individuals of certain interests (Strauss, n.d.). Those interest include life, liberty, or property. Due process provides many types of protections. Those protection can be procedural due process, substantive due process, protection from vaguely worded laws, and the Bill of Rights. An example of Due process against property would be the use of eminent domain, such as paying fair market value for property were the federal government wants to build a highway. When it comes to life, and example would be having a person sentence to death without all the proper procedures followed. This also ties in with liberty, a person cannot be placed in prison with their liberty taken away with a trial and a convection.
The incorporation doctrine is a constitutional doctrine through with the first ten amendments of the United States Constitution are made applicable to the state through the Due Process clause of the fourteenth amendment (Cornell Law School, n.d.). These are called the Bill of Rights. The difference between the fifth amendment protects the rights of someone who is suspected of a crime, while the fourteenth amendment protects the citizen from unreasonable control by the government. The due Process of applying for disability benefits may require an opportunity for confrontation and cross examination as well as discovery. The decision will be made based on the record provided and the party will be allowed to be represented by a legal counsel.
You can apply for disability benefits at any time. You need your social security number, proof of age, name, address, phone numbers of doctors including dates of your visits. They need the name and dosages of all the medications you are taking; medical records that you have in your possession including laboratory test results. You need to provide a summary of where you have worked and what you did for a living, as well as your most recent W-2 form (Social Security Administration, 2019). All documentation will need to be original not copies. Ms. Moody is intitled to have counsel present if her application is denied, and she wish to appeal.
In closing, Ms. Allison Moody had already applied for disability benefits without counsel. Ms. Moody is awaiting her answer from the administration. Ms. Moody’s Due Process has not been violated. As per our company advertisement she does not qualify for a free consultation until after she has been denied disability benefits. Depending on her disability outcomes Ms. Moody maybe eligible for the free consultation and possible counsel for our firm.
Cornell Law School. (n.d.). Incorporation Doctrine. Retrieved from https://www.law.cornell.edu/wex/incorporation_doctrine
Social Security Administration. (2019). Benefits Planner: Disability | How You Apply. Retrieved from https://www.ssa.gov/planners/disability/apply.html
Strauss, P. (n.d.). Due Process. Retrieved from https://www.law.cornell.edu/wex/due_process
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LS 244 Memorandum for Ms. Allison Moody.docx