[real-eyes] Fw: [Missouri-l] Fw: [leadership] FW: Judge awards $30 milliontoblindMissourians
- From: "Terrie Arnold" <tanderson3@xxxxxxxxx>
- To: <abreier@xxxxxxxxx>, <real-eyes@xxxxxxxxxxxxx>, <First-Steps@xxxxxxxxxxxxxxxx>
- Date: Sat, 3 Apr 2010 11:27:24 -0500
thought you all would like to read this
terrie
From: Chip Hailey
Sent: Friday, April 02, 2010 5:58 PM
To: missouri-l@xxxxxxxxxxx
Subject: [Missouri-l] Fw: [leadership] FW: Judge awards $30
milliontoblindMissourians
https://www.courts.mo.gov/casenet/cases/searchDockets.do03/31/2010
Docket Entry:
Judgment Entered
Text:
Judgment is hereby entered, and the Cou8rt hereby adjudges, orders and decrees:
(A)
Plaintiff Class is awarded Judgment for $18,832,188.00 for damages representing
the
total of the historic underpayment of Blind Pension benefits due Plaintiff Cross
for the years 1992 through the present. (B)Individual Plaintiff's are entitled
to
their portion of the unpaid benefits and interest depending on the number of
months,
and which months, they were underpaid benefits and the interest relating to such
underpayments. Defendants shall commence immediately to calculate the benefits
and
interest owed to each class member. (C)Plaintiff Class is awarded prejudgment
interest
of $11, 297, 500, .00 and the same shall be entered as a judgment in their
favor.
(D) The total judgment in favor of the Plaintiff Class and against Defendants is
$30,129,688.00 which is common fund from which attorneys' fees are to be paid
and
from which claims shall be paid (E) Class counsel are awarded their reasonable
attorney
fees of 25% of the common fund ($30,129,688.00) which 25% is equal to
$7,532,422.00
and that the same is entered as a judgment in favor of Class counsel and against
Defendants, (F) Plaintiffs shall submit to Defendants within 21 days of entry of
this Finding of Fact, Conclusions of Law, and Judgment, a proposed claims
process;
however, not later than May 15, 2010, the parties shall submit to the Court a
stipulated
claims process or, if no stipulation can be reached, each shall submit by said
date
their separate proposed claims processes for the Court to consider. (C) This
Court
determines that there is no just reason for delay in the decision of these
issues,
and therefore enters this Judgment as final for the purposes of appeal under
Missouri
Rule 74.01(b). PSJ (certified copy to parties.
Filing Party:
JOYCE , PATRICIA S
----- Original Message -----
From: Marlaina Lieberg
To: DHuff@xxxxxxxxxxx ; leadership@xxxxxxx
Sent: Friday, April 02, 2010 5:09 PM
Subject: Re: [leadership] FW: [Missouri-l] Judge awards $30 million
toblindMissourians
This should be printed somehow in the Forum! Congratulations Denny!
----- Original Message -----
From: Mitch Pomerantz
To: DHuff@xxxxxxxxxxx ; leadership@xxxxxxx
Sent: Friday, April 02, 2010 4:51 PM
Subject: Re: [leadership] FW: [Missouri-l] Judge awards $30 million
toblindMissourians
Denny:
Congratulations to MCB and all blind Missourians. A great victory!
Mitch Pomerantz
--------------------------------------------------------------------------------
From: leadership-bounces@xxxxxxx [mailto:leadership-bounces@xxxxxxx] On Behalf
Of Denny Huff
Sent: Friday, April 02, 2010 11:30 AM
To: leadership@xxxxxxx
Subject: [leadership] FW: [Missouri-l] Judge awards $30 million to
blindMissourians
Subject: [Missouri-l] Judge awards $30 million to blind Missourians
Posted: Friday, 02 April 2010 12:12PM
Judge awards $30 million to blind Missourians
KMOXNews@xxxxxxxx
ST. LOUIS (AP) -- Missouri owes $30 million to 3,300 blind residents to make
up for years of shortchanging payments to them through the Blind Pension Fund,
a judge has ruled.
Cole County Judge Patricia Joyce determined the Missouri Department of Social
Services miscalculated benefits dating to 1992. She awarded nearly $19 million
in unpaid benefits and more than $11 million in interest.
It wasn't clear Friday whether the state would appeal Thursday's decision. A
Social Services spokesman referred questions to the Missouri Attorney General's
office. A spokeswoman for the attorney general did not return messages seeking
comment.
Pensioners were underpaid for more than a decade, said attorney Deborah
Greider, who filed the class action lawsuit on behalf of the St. Louis-based
Missouri
Council of the Blind and seven blind Missourians. After the lawsuit was filed
about five years ago, Missouri recalculated the pension and now pays a fair
amount, she said.
The average blind pensioner now receives about $651 a month from the state, and
for many, that is their only income.
"Most of these people are poor and unemployed, many are elderly," Greider said.
She recalled testimony from one blind woman who was asked what an additional
$40 a month would mean to her.
"She said, 'I could feed my guide dog better, I could get a pizza once in a
while,'" Greider said. "It was really heartbreaking."
Denny Huff, president of the Missouri Council of the Blind, said the state
shorted people who were already on tight budgets.
"To be denied even a percentage of what they should have been receiving may not
seem like much to some people," he said, "but for a lot of recipients, it
affected them a great deal."
The Missouri Constitution has required the General Assembly since 1875 to levy
an annual property tax to fund the Blind Pension Fund. But starting in 1992,
the state began using some of the money for other expenses, Greider said.
For example, some of the money goes to rehabilitation services for the blind.
But Greider said the pensions should be fully funded first, with leftover
money going for rehab services.
The Missouri Court of Appeals agreed in a January 2009 ruling and sent the case
to Cole County to determine the amount of back benefits owed to pensioners.
_______________________________________________________
Denny Huff - President
Missouri Council of the Blind
5453 Chippewa
St. Louis, MO 63109
Phone: (636) 262-1383
Toll Free: (888) 362-1383
Phonecast: (816) 298-8969
FAX: (636) 629-1710
DHuff@xxxxxxxxxxx
www.moblind.org
MCB - A GREAT PLACE TO BE!
The purpose of Missouri Council of the Blind shall be to promote the general
well-being of our members and legally blind people in Missouri, and to support
or participate in other programs promoting the best interests of legally blind
people everywhere.
--------------------------------------------------------------------------------
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