NOW COMES SSI Appellant Christopher A. Walters #261-90-6357 before the Commissioner Kenneth Apel with this Motion to Strike Findings of Florida State dated 12-1997 Without Prejudice To Wit:
Jurisdiction
Title 42 USC 1383 and other Statutes are not known to prohibit an SSI Applicant from responding to SSI findings from Florida, Texas, California and asking for more specific instructions from the Commissioner. As a question of Due Process guaranteed under 5th Amendment to both the Social Security Administration, Chris Walters under the 5th Amendments as cited by various United States District Courts:
Fundamental request of due process is opportunity to be heard at a meaningful time and in meaningful manner. Matthews v. Eldridge VA, 1976 96 S.Ct 893, 424 US 319. 47 L.Ed.2d.18
The absolute fundamentals of "due process of law" are jurisdiction, adequate notice, and a fair hearing" US v Certain Parcels of Land in Price George County Md.. D.C. Md 1941, 40 F Supp 436
Fair Play is the essence of due process Galveston vs.Press Ca1954, 74S Ct 737,347 U.S. 522.98 Led.911.
Appellant Exhibit 1: Notice Chris Walters on leave of medical absence was delivered to US District Court, US Attorney in NDF in May, 1997 and Social Security Administration together with letter from Birmingham Attorney Charles Tyler Clark. Exactly how Social Security Administration could continue to hold hearings, process request for information, ignore medical statements on treatment for cancer and disabiling affects of medication Librax; or reach a determination which reflects due process for all concerned is a great mystery: at least to Chris Walters.
Appellant Exhibit#2: Letter from SSI in Kerrville, Texas reflecting fact that Attorney Charles Tyler Clark subsequently managed to move SSI claim to area near San Antonio, Texas. Who authorized the reconsideration to move to Stockton, CA; and how California is supposed to reach a decision on a resident of Texas when medical records were either lost of throw away remains a profound mystery.
Appellant Medical Records & Exhibits: Have been resubmitted to Administative Hearing Judge assuming they have not again been thrown away or lost have been stamped received by SSI offices in Florida to deliver to Hearing Office in San Antonio, Texas.
DISCUSSION
Florida's Denial of Benefits ruling of September, 1997 made 2 months after Appellant Chris Walters moved out of Florida is based on what Florida states is a failure to provide adequate medical documentation or attend medical examinations. Florida state was presented with another opportunity to affect Due Process and provide the medical work in question:
1. State and Federally funded shelters in Gainesville, Fla denied written request by medical authorities to provide a "colonoscopy".
2. Ocala, Bradenton, Sarasota, Lakeland, Ft. Lauderdale, and Ft. Pierce state and federally funded programs state they are not set up to assist medical evaluations of homeless persons. The new facility at Homestead was unable to provide medical referral to in question possibly due to newness of the facility.
3. Officials at Vero Beach have thus far been unable to set up a "colonoscopy".
Appellant Chris Walters in questions wheather Florida position is a fraud, hoax, and sham which denies due process required by 5th Amendment. Florida State's factual demonstration is that massive social services resources in 9 cities are unable to affect a minor medical examination is frivilious and shows the State's position to be a fraud, hoax, and sham designed to deny due process of law required by 5th Amendment.
A person of reasonable and common intelligence should ascertain from the records that a prescribed course of medical treatment exist for benefit of all parties for Chris Walters to receive a GI evaluation and "Colonoscopy" to see if problem is fixable. Medical Records should show misuse of programs in Title 42 USC 11301 Homeless Act defered evaluation and possible treatment at proposed by Dr. Mark Fleisher of Tyler Texas in May, 1997; Dr/Nurse Gay Evans of El Rio Clinic at Tucson, AZ 12-1997; Dr. Charles McCart and Bret Singer of Roseburg, Oregon 1998; Dr. Taylor of Olympia, WA in 1998; Referral from Nurse in Longview, WA April, 1998; Sunshine House of Corvallis, Oregon responding to written request of Disability Worker Vicky Peterson of Albany, Oregon told her to go suck on a rock and die; Travis County canceled medical insurance in June 1998 while Chris Walters in office of Dr. Bieberdoft for GI exam; 2 shelters in Gainesville, Florida ended course of evaluation and treatment from 2 medical authorities 10-1998 by declining written request for extension for medical purposes. Reports from social services in 4 states they were contacted by Dr. Johnson of Cooper Green Hospital in Birmingham, Al who Chris Walters has never met. Agency officials state Dr. Johnson explained he is Chris Walters Dr. of record and asked to have medical treatment to Chris Walters for cancer either denied or discontinued.
Respectfully Submitted By Chris Walters SSI Appellant 261-90-6357 415 Washington Street Kerrville, Texas 78208