California
They are threatening to take my benefits if I don't furnish information to them. Sounds fishy as hell to me. But they have a clause in the letter that says in 30 days we MAY terminate your benefits - unless you tell us why. I plan to tell them it's unconstitutional and I need more time to speak with a local attorney to find out what my rights are before revealing private financial data to a government agency. I am going to reschedule their 'appointment' and talk to a local Social Security Attorney to find out if this is constitutional. For the record I am NOT employed on any payroll or 1099, I am NOT doing anything 'gainful', and I am trying to get a job harder than I ever have before. Recently(as in the last two weeks) I took a cash loan from the bank to restructure my most important resources(computer) and get a deposit to move to a new place so that I can get in school and on track with my life. I worked late 2009 for a short time (30 days or less), made $400 over the table, then got FIRED and now because it was an advanced tech support position ($10/hr) they think I'm all gainful all of a sudden. I swear to everything I AM NOT!!! I am poor as hell wearing dirty rags, no washer dryer, I live in a SLUM HOUSE and am grateful as hell for this bank loan to be moving out, getting a new computer for school, and being able to afford a deposit in a time of dire need.
Here is photographs of the letters I received, private data blotted out:
NOTE: THIS IS _NOT_ LABELED A "NOTICE OF PLANNED ACTION" sounds HIGHLY unconstitutional to me. Just like a cop saying "I'm going to search you now" and you don't know your rights so you say "Ok officer - search away!".
I checked the SSA Handbook (Chapter 'SSI') and I don't see anything under the requirements stating I am required to give private financial data to the government whenever they demand it. I see under the United States Constitution we have something called "Due Process of Law" and the 4th and 5th amendment which protect us from unlawful seizures and self incrimination. Correct me if I'm wrong.
This loan bill will be $80 a month. Could this be why maybe they suspect gainful activity? This is NOT a CDR, this is an unconstitutional attempt to extort information out of me that I feel they don't have rights to. A fishing expedition, nothing more. I have an expectation of financial privacy right? if they had PROOF I did something gainful (which I haven't) they would need a warrant right?
Please give me the LETTER of the law, not the spirit. Thanks. I feel I may end up at the local Federal District Court suing these people if they TOUCH my benefits in a time of hardship. I was recently hospitalized and I am trapped in a slum house, getting bit by FLEAS and having silverfish eat my clothes. I mean SERIOUSLY what the HELL is the SSA thinking here? They have NEVER asked for this degree of information before, even when determining eligibility.



