Trying to help a person with mental handicap.

[FHC]

I have a friend that is going on Social Security Disability because of a severe cognitive disorder MPD/DID. He was approved but then got selected for SS Quality Review which could reject him if they want. By law 50% of people who get SSDisability have this review they have to go through. It's awful and takes an extra few months. He is in his 50's.

He has lots of credit card debt.

He use to have a pretty good job and has a bunch of CC's.

He can no longer work. Has no income.

He has some alters that spent lots of money on gambling, and lots of things that he can not really recall. Anyway he's in debt about $40,000.

He has been keeping up payments of about $1500 a month by borrowing on his cards for a year or more. So he's robbing Peter to pay Pall.

He has a social worker who knows about the debt and wants to help I think. He also has a srink he sees every week that medicates him.

I don't know what to do. Should he file bankruptcy?

He's not got much. No job, no income, few assets. He used most of the money to live on. Although one of his alters was gambling thousands till he gave himself away.

He is not really able to go to court because he switches alters and is paranoid and is on a ton of medication. He is not good at recall or conversation, and not able to be forthcoming the way a court, or process would demand of him. He would tell the truth but others would think he's not because he tells the truth according to which alter is in control at the time.

He's got no family.

Has anybody here ever helped somebody like this or know how I might direct him.

Any knowledge of how bankruptcy works for people with mental problems?

We are from Washington State.

[vonniegirl]

First, Welcome to the board

I am no lawyer, however, my cousin helped her girlfriend out in a similar situation.

The first thing she did was research to see if she had any living relatives. She was told that the relative had to assume legal guardianship over her affairs.

The second thing was to contact all the creditors by sending a letter from 2 physicians treating her.

The court decided that because of her mental disability she was found incompetent and ordered to have another court-ordered psychological examination.

My cousin received a list of the creditors and sent letters to all until the final deposition of her friend's fate.

In the end she was found incompetent and the debts were declared non-collectible. The relative who assume guardianship was approached by a few of the creditors claiming that she must assume responsibility of her debt. She explained to them that she cannot be held responsible for financial debt that she was not a co-applicant or co-signer on.

I hope this helps, but you really need to speak to a family member and possibly a lawyer familiar with the rights of the disabled.

Good Luck!

[kb9tbq]

Yes, agree with Vonnie - that letters from the doctors are needed maybe even noterized statement. If this case goes to court for any reason think also writing ahead of time to the judge explaining his problem and that if they can accept someone else in his place being that he is not of the condition to handle this matter directly. Be sure to include letters from the doctor.

Best of wishes in this matter.

[FHC]

Thanks, I'll keep checking for a while in case anyone else may have some suggestions.

I was wondering since there are only limited assets should BR be considered?

If default judgements are made, so what, right? He's not going to have anything to get. Or if someone gets something it won't be much.

I know some things but I am in the dark about a lot also.

He's no help because he thinks it's some one elses problem.

There is no family.

[vonniegirl]

Sorry to hear that your friend has no family

Would he mind being evaluated by doctors to help you help him with his problems? As far as the bankruptcy, if he is found incompetent nothing will be gained by spending the $ to file the paperwork

He can be declared a ward of the state or simply found to be incompetent based on the doctors examination ordered by the court.

The debts should all be forgiven and deemed uncollectible.

You can also try to find an attorney (maybe a public defender?) with a background in representing the disabled population.

Appreciate you keeping us posted It may help another member in a similar situation 8)

[FHC]

Thank you VG.

At least there is some good news, he was told he would be getting SSD.

Now we got to figure out how to get him an account at a bank where the collection companies can't freeze his account. I do not want him to suffer till the matter went to court.

I figure they will make a grab if he is forced to disclose the account. I know they can't get SSD money, but they may be able to tie it up. Bet they would if they could.

Also wish I knew what else may be coming down the pike so he does not have to suffer more than he already does.

See he should have been on SSD years ago, but as his doctor told SSD because of his personality disorder he was not able to seek help.

I'll tell you this SSD is next to imposible to get, and twice as hard to stay on.

Without an advocate your chances for a favorerable outcome the first time around will be much more time consuming and denied.

Even if you are near dead.

He had a VA Social Worker and his Doctors reports and letters to help push it through the system in only 3 months.

I have been on various DID/MPD sites and heard many tell how it took forever to get SSD, and how alot just give up unless they have someone to help.

I have become quite the authority on SSD since I got a book called:

"Nolo's Social Security Disability Guide". It's $40.00 but it has every thing you ever wanted to know about the whole system, written in easy to understand language.

In fact I will go as far to say you MUST have it.

[kb9tbq]

That is great news, that the SSD went through, I know what that is like from first hand experience here, and they revoked it the first chance they got.

My sister is going through this right now, and she is just lost alone on this, being in another state I can't help her much. The appeals are terrible, think she is on the 4th level now - to get a judge to look over her case. Really hard keeping up with all the paper work, thanks on the tip about the book.

On the checking account, have someone else open it up in their name, and allow him to deposit into this account. That way - it technically is not his for them to swoop in for the money. Might check that possibility out.