Federally-funded legal services programs in Kentucky frequently file wasteful lawsuits on behalf of morally-reprehensible individuals who do not deserve taxpayer-funded legal help. This includes a particularly outrageous lawsuit to get a prostitute on federal disability.
Kentucky Legal Services Sues to Get Prostitute on Federal Disability
In 1996, the Legal Aid Society of Louisville argued in a lawsuit against
the federal government that a
chronic drug addict who supported her habit through prostitution was
disabled enough to be eligible for Supplemental Security Income (SSI).
Legal Aid’s client, a 32-year old woman named Melinda Bell, admitted
to using cocaine every day in addition to drinking an average of 13 to
14 beers daily. She had been using illegal drugs since age 14. To support
her drug habit, Bell also admitted that she earned $800 to $1000 per month
through prostitution. After Social Security officials rejected Bell’s initial
claim for disability in 1992, the Legal Aid Society took her case to a
federal district which rejected the claim in 1995. Not to be deterred,
however, Legal Aid appealed the decision to the United States Court of
Appeals for the Sixth Circuit. Legal Aid claimed that Social Security officials
erred in counting Bell’s income from prostitution as evidence she could
support herself, albeit illegally. Legal Aid said the prostitution “was
symptomatic of a serious mental disorder” that was driven by her drug addiction.
The appeals court rejected these claims. The court ruled that it would
be illogical to qualify someone for federal disability because the money
they earn derives from crime while a person who makes money legally
would be disqualified. The court also ruled that Legal Aid’s argument that
Bell’s ostensibly disabling drug addiction compelled her to engage in prostitution
was irrelevant. The courts do not care what motivates someone to make money
from illegal prostitution.
See Bell v. Commissioner of Social Security, 105 F.3d
244, US App. Ct., 1996
Appalachian Research and Defense Fund Defends Sexually Abusive Father
In 1997, the Appalachian Research and Defense Fund of Kentucky fought to preserve the parental rights of a man who had physically and sexually abused his children. The three children, none more than two years old at the time, were removed from the custody of Charles and Daisy Prater in October, 1986 by the state’s Cabinet for Human Resources (CHR). Social workers and examining physicians determined that the children had been seriously abused by both parents. This included the father engaging in anal intercourse with the boys and sexual intercourse with the girl. The mother was also found to have engaged in sexual activity with the children. CHR officials advised the Praters how they could regain custody of their children who had been placed in foster care. However, they refused to cooperate. In addition to being incarcerated for a substantial period of time following the children’s removal, Charles Prater refused to get treatment for his alcoholism -- a precondition to regaining custody. Despite his obvious unsuitability as a parent, the Appalachian Research and Defense Fund filed a lawsuit on Prater’s behalf to stop the state from terminating his parental rights. The purpose of the suit was not to return the children to Prater’s custody but to prevent the severing of his remaining legal rights to the children. This meant that the children could not be put up for adoption and would have to continue living in a foster home. Appalachian pursued this case even though social workers determined that the children, now teenagers, were recovering from their early childhood trauma and would profit by severing Prater’s permanent parental rights. Eventually, the Supreme Court accepted Appalachian’s technical arguments that certain evidence was improperly admitted as hearsay, although other evidence essentially proved the allegations of abuse. As a result, the case was remanded to the trial court -- further dragging out this pointless litigation.
See Prater v. Cabinet for Human Resources, 954 S.W.2d, Ky. Sup. Ct, 1997