dark disability injustice

When it comes to spousal support, Michigan seems not to honor the U.S. Code of Law related to disabled citizens and veterans. This is disability injustice.  To wit, disabled people are ordered to give their disability income over as support to ex-spouses. This decision and practice seems to be followed in but a few other states.

I say “seems” because I am not a lawyer and there is no good light on this issue to help the public understand or know it is fair. Disabled people suffer under this practice. I know the courts are hard-working good people addressing a range of significant concerns and responsibilities and challenges. But I question this practice of stripping away peoples’ earned disability, and think it needs consideration, at least awareness.

The U.S. Code of Law addresses the non-assignability and exempt status of disability money under Title 42 Section 407, and specifically as relates to veterans under Title 38 Section 5301. Michigan’s decision not to honor these laws undermines and compounds other related family law issues.

Child support is different and is not the subject here – the subject is spousal support when children are not a factor.  Child support seems to benefit from  relatively more definition regarding its administration (a good thing). Spousal support, however, seems less structured in Michigan, one concern being the commandeering of earned disability.

Beyond direct financial distress, disabled people have fought and gone to jail and attempted suicide and left Michigan over this issue. A case in point is disabled veteran Calvin Murphy, who fought for his earned disability benefits from at least 2008 until 2011.

Does anyone know the status of Mr. Murphy and his case? Maybe he got relief. Do the agencies representing disabled people (such as DAV or ADA) have a defined stance; or are you able to offer understanding of why the practice of taking away earned disability income is right or wrong; and shouldn’t it be controlled? Respectfully, these questions also need to be considered by the judicial system, to overcome such disability injustice.

On November 6th 2018, Michigan elected new leaders who ran to help people and right injustices. Everyone is busy and Michigan has many challenges, but it is hoped that a light can be shined on this old hurtful disability issue.