Legal Question in Social Security Law in Massachusetts

Waiving MGL 258

I am trying to sue DYS for with-holding my son's SSI money from Aug. 1997 to Sept. 2001. They did not dispurse his money other than for clothes.

I have a complaint filed, however, they are claiming Contituion, Amend. 11, MGL 258, ''enjoying immunity from being sued.''

The law states that there are exceptions; and although I never filed a claim with DYS on paper, I verbally questioned every worker about about how to get the money during that time - as I was in debt, forclosure, etc.

This case is pro-se. Can I write a motion to waive this statute; and how do I write it?

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Asked on 11/18/01, 8:16 am

1 Answer from Attorneys

Goldstein Arthur The Goldstein Law Office

Re: Waiving MGL 258

Chapter 258 is primarily for negligence and certain contract actions. It is not an area where

a non-attorney is likely to succeed. There are just too many pitfalls. If there is a negligence claim then a statutory notice is rquired with a six month wait but not more than 3 years from the accural of the cause of action. You may be involved in a civil action involving equitable relief and/or a negligence action. With entry fees for a Superior Court entry fee at $185.00 plus $1.00 for the summons and sheriff service you must measure the amount held against the costs and expenses of going foreward. This is not a "guarenteed" win case but one that will require a substantial brief to overcome the doctrine of governmental immunity which has already raised its ugly head. The question now is whether the dollars being held are worth the time, costs and effort to recover same. In other words a cost benefit analysis must be done before you start, This type of case is not eligble for a contignent fee arrangement but rather an hourly fee and expenses payable as time is spent and monies spent.

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Answered on 11/19/01, 12:12 am


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