[real-eyes] Re: Fw: [Missouri-l] Fw: [leadership] FW: Judge awards $30 milliontoblindMissourians
- From: "mary crawford" <mcrawford2@xxxxxxxxx>
- To: <real-eyes@xxxxxxxxxxxxx>
- Date: Mon, 5 Apr 2010 17:45:00 -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.
>
>
>
>
>
> --------------------------------------------------------------------------------
>
>
> _______________________________________________
> leadership mailing list
> leadership@xxxxxxx
> http://www.acb.org/mailman/listinfo/leadership
>
>
>
> --------------------------------------------------------------------------------
>
>
>
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