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Living Man Remains Legally Dead


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#1    pallidin

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Posted 10 October 2013 - 09:42 AM

Unfathomable, but true:

An Ohio man who has been legally dead since 1994 will remain so in the eyes of the law after losing his complaint to overturn his death filing, according to authorities.

Source: http://www.cnn.com/2....html?hpt=hp_t2


#2    Lilly

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Posted 10 October 2013 - 11:32 AM

It appears they ruled this way for the benefit of the wife and children this fellow abandoned. Serves the guy right...he now won't be able to collect any Social Security benefits himself as a result. Clever legal move.

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#3    pallidin

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Posted 10 October 2013 - 05:57 PM

View PostLilly, on 10 October 2013 - 11:32 AM, said:

It appears they ruled this way for the benefit of the wife and children this fellow abandoned. Serves the guy right...he now won't be able to collect any Social Security benefits himself as a result. Clever legal move.

And the comment section is very interesting and, I might add, more informative than the article itself.

For example, one person ask something like: "Well, if he is legally dead can he be charged with a crime?"

A great response to that was: "Yes he can, because lack of legal identity merely dockets you as a John or Jane Doe, and penalties would be no different than one who has a legal identity" That's a paraphrase.

However, without legal identity, it is not possible for him to get a Drivers License or State ID, which itself creates a whole host of problems.

For example, he can not get a "regular" job, even as a janitor unless "paid under the table" and in cash.
Also, he can not fly on a commercial airline without a special waiver. If he has any money other than cash, he can not access that without a lawyer.

Most importantly, unless he now has a friend or significant other willing to support him, he will be forced in to either a life of crime, or "live on the streets", sucking social services available to John and Jane Doe.

Without an identity, and thus no legal job, it is impracticle for Social Security to sue him with any effect.

Remember, this is a civil matter, not a criminal one. He did not commit a criminal offense by leaving(civil, yes) and he did not commit fraud because he did not petition for the death certificate filing, he ex-wife did, which is understandable and no fraud there either.

Also, this was in Ohio(other states are different), and their State statute dictates that a death certificate can not be reversed after 3 years, which is what the judge was bound by law to rule by. He did, however, say that an appeal could be filed, so apparently the ruling from Judge Davis is not set-in-stone.

I think he should given back his identity, forced to go back to work, and pay-back to Social Security the benefits his ex-wife received, even if it's only a few thousand dollars before he dies. Better than turning into a criminal or living on the streets. But, who ever said the Gov was smart.
His ex should not be forced to pay back, but I know the Gov can get nasty.

There are some that are saying that this 3-year limitation is rediculous.
For example, what if someone is kidnapped and after 8-years declared legally dead, then shows-up alive by circumstance or rescue 3-years later.

Are they to be permanently remanded as John or Jane Doe because of a stupid state law?


#4    Child of Bast

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Posted 10 October 2013 - 06:46 PM

The ex would have to repay what she received from Social Security, not him. I definitely think he should pay the $25,000 he owes her though.

Going through the comments also, I agree with Lee who said that he should just be given a new social security number. What's wrong with that?

Edited by Child of Bast, 10 October 2013 - 06:48 PM.

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