Thursday, October 06, 2011

Department of Justice: Request to Intervene in Appeal

July 8, 1996
3801 Connecticut Ave., NW #136
Washington, DC  20008-4530

John C. Keeney, Jr.
Acting Assistant Attorney General
Criminal Division
U.S. Dept. of Justice
10th & Constitution Ave., NW
Washington, DC  20530-0002

RE: Social Security Disability Claim xxx-xx-xxxx

Dear Mr. Keeney:

Enclosed for the information of the U.S. Department of Justice is a copy of the Petition for Review filed on July 8, 1996 in the D.C Court of Appeals in Freedman v. D.C. Dept. of Human Rights (docket no. to be assigned).

I draw your specific attention to paragraph 7 of the enclosed pleadings that relates to an issue within the federal interest: namely, the action of my former employer, the law firm of Akin Gump, Strauss, Hauer & Feld, in terminating my employment rather than granting me disability leave per the employer's established medical leave policy.  Cf.  Zuniga v. Kleberg County Hosp., Kingsville, Tex., 692 F.2d 986 (5th Cir. 1982).

It is important to recognize that my application for disability benefits to the U.S. Social Security Administration (SSA) in April 1993, and the SSA's notice of award of benefits dated August 17, 1993, occurred during the pendency of the D.C. Department of Human Rights investigation of my unlawful termination complaint, which investigation ended effective September 24, 1993--at the very time the SSA was considering whether to pay me disability benefits from public funds--Akin Gump had a standing invitation from the D.C. Department of Human Rights to mediate my unlawful termination complaint and remediate its prior discriminatory denial of private disability benefits.  The refusal of the employer to mediate its prior discriminatory failure to grant me disability leave had the effect of burdening the SSA, and may constitute a fraud by the employer on the SSA (assuming the employer was apprised of my SSA disability claim).

The U.S. Department of Justice may have an interest in intervening in this appeal.


Gary Freedman

cc:  J.R. Muffolett, Director, SSA Disability & Int'l Operations

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