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Arsenic Lupin
Apr 12, 2012

This particularly rapid💨 unintelligible 😖patter💁 isn't generally heard🧏‍♂️, and if it is🤔, it doesn't matter💁.


Arkhamina posted:

Helping my sister with her Disability case (she is in MN). I am fairly sure she is a solid medical qualification*, and we finally got the expected initial rejection for the Social Security administration. Any idea on the 'normal' appeals process time? I found her a lawyer a year ago and it took 7 months after SS received the application packet to reject. The lawyer is taking her full pro Bono, no cut, as she has had no income since March of 2020. Her accident was October of 2020.

Completely supporting her rent, food, utilities now for over a year, and I would love to know when/if I can expect to see the light at the end of the tunnel. 1st appointment for appeals is in 2 weeks.

*She broke her damned neck tripping up stairs, and has had two spinal fusion surgeries. I am supposed to be the clumsy one, SHE took ballet!
When you're having trouble with Social Security, always, always call your Representative's office. They have people on staff trained to help you make it through the bureaucracy. This also applies to military pensions, and in general any way the Federal bureaucracy can refuse to cooperate with you. The staff won't necessarily solve your problem, but they will usually be able to get more information than you can.

Re juries, I'm in California and it is routine for legal adults to get called for jury duty once a year. If you call in the night before and aren't needed, that gets you off jury duty for a year. After that year, there'll be another notice in your mail. I don't know why California in particular is so reliable, but I've never gotten so many notices anywhere else I lived. Note that I'm currently living in a very rural area and everybody in my family has gotten letters twice in the two years we've been here.

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bird with big dick
Oct 21, 2015

No whiskey smash this time, instead:



Arkhamina posted:

*She broke her damned neck tripping up stairs, and has had two spinal fusion surgeries. I am supposed to be the clumsy one, SHE took ballet!

What are her current symptoms? I assume chronic pain? How's she being treated?

Muir
Sep 27, 2005

that's Doctor Brain to you
bird with whiskey dick

docbeard
Jul 19, 2011

Arkhamina posted:

Helping my sister with her Disability case (she is in MN). I am fairly sure she is a solid medical qualification*, and we finally got the expected initial rejection for the Social Security administration. Any idea on the 'normal' appeals process time? I found her a lawyer a year ago and it took 7 months after SS received the application packet to reject. The lawyer is taking her full pro Bono, no cut, as she has had no income since March of 2020. Her accident was October of 2020.

Completely supporting her rent, food, utilities now for over a year, and I would love to know when/if I can expect to see the light at the end of the tunnel. 1st appointment for appeals is in 2 weeks.

*She broke her damned neck tripping up stairs, and has had two spinal fusion surgeries. I am supposed to be the clumsy one, SHE took ballet!

Just anecdotally, my roommate (also in Minnesota) just said she thinks it was about 8 months between her initial rejection and final approval.

bird with big dick
Oct 21, 2015

bird with big dick posted:

Defendant's new attorney is because the old one retired, emphasis on old that mofo was like 80.

Still don't have a trial date but should know soon, court records show that the motion for reinstatement has happened and "trial date to be set." After that there's an entry that says "Notice-Compliance" not sure what that means but assume its not important.

BK Trustee has filed a motion to convert the debtor from chapter 13 to 7. This will be good news for me I think because I believe he'll lose all control over his assets and then we just wait for getting a good judgment (hopefully) and let the liquidation commence. If the BK gets dismissed (which I assume his attorney is going to argue for because it seems it would be better for him than immediately going to chapter 7) I'm not sure exactly what will happen other than I'm sure he'll immediately spend the hundreds of thousands of cash he has. Worried that he'll refile for one chapter or another on the eve of the trial and delay things again. I'm sure he would ultimately be unsuccessful but any delay at all is going to screw me because I have to drive 13 hours to the trial location. Lawyer would have to be a complete scumbag to do this though given his two failed BKs so far and maybe there'd be some sort of automatic rejection given the two recent BK attempts & failures?

Trustee's motion includes the phrases "debtor is causing an unreasonably delay prejudicial to creditors" and talks about the debtors records not being accurate and "not filed in good faith" and "debtors have misrepresented information" and "failed to disclose all assets" I assume the judge will love that stuff when he rules on the trustee's motion a month from now.

My BK attorney says we could pay to file our own motion or adjoining the existing motion to try and make sure it converts to chapter 7 but says he doesn't think its necessary since the trustee is already recommending it and I'm pretty sure the judge knows we want it converted to chapter 7.

Debtor filed to have his bankruptcy dismissed and it was granted. We filed to have it un-dismissed because I guess you don't have a guaranteed right to dismissal if your bankruptcy has been converted from another chapter.

Still no trial date.

Arkhamina
Mar 30, 2008

Arkham Whore.
Fallen Rib

bird with big dick posted:

No whiskey smash this time, instead:



What are her current symptoms? I assume chronic pain? How's she being treated?
After the first emergency spinal fusion, she had no followup, no PT, and things got bad (she's on MN-Caid). After a year and a half, she had more spinal cord swelling, and lost feeling in her feet, and a MRI showed 'whitening' of the spinal cord, ie, oops, that doesn't grow back, so she had the 2nd surgery 2 weeks later. At this point, she can walk with 2 leg braces, 2 arm braces, is able to tell when she needs to pee (she was losing that ability, which is what got her triaged to the MRI). She can't tell where her feet are, so her balance is pretty bad, and scores 30/56 on some fall risk thing. She can't lift anything more than about 10lbs, and has a lot of fair bit pain - but she's also very allergic to any opiates so she gets tylenol, some NSAIDs, and at least initially after surgery she had inject-able Torodol, a sort of super NSAID. Her apartment is 14 steps in the front, like 10 in the back, but $600 a month so that's hard to beat. I'm going to try to schmooze the landlord this summer into letting us/community try to get some ramps at least up to the back, but I don't think she can stay there long term.

She has PT a couple times a week, one in home, another at a nice hospital in the burbs. She spent the last 25 years as a bar cook, and has a GED. I could see her being physically able to do an office job, but she's uh, not mentally well suited. Smart, but no ability to jump through hoops, not speak her piece, or tell someone to go gently caress themselves. Also dealing with a lot of depression as a result of her life exploding, and no real job prospects. I wish I could move her closer, but cost of living is a lot higher where I am, she'd have no friends, the only real perk is I could do daily activity stuff like laundry for her. She's 4.5 hours drive away :smith:

bird with big dick
Oct 21, 2015

Arkhamina posted:

After the first emergency spinal fusion, she had no followup, no PT, and things got bad (she's on MN-Caid). After a year and a half, she had more spinal cord swelling, and lost feeling in her feet, and a MRI showed 'whitening' of the spinal cord, ie, oops, that doesn't grow back, so she had the 2nd surgery 2 weeks later. At this point, she can walk with 2 leg braces, 2 arm braces, is able to tell when she needs to pee (she was losing that ability, which is what got her triaged to the MRI). She can't tell where her feet are, so her balance is pretty bad, and scores 30/56 on some fall risk thing. She can't lift anything more than about 10lbs, and has a lot of fair bit pain - but she's also very allergic to any opiates so she gets tylenol, some NSAIDs, and at least initially after surgery she had inject-able Torodol, a sort of super NSAID. Her apartment is 14 steps in the front, like 10 in the back, but $600 a month so that's hard to beat. I'm going to try to schmooze the landlord this summer into letting us/community try to get some ramps at least up to the back, but I don't think she can stay there long term.

She has PT a couple times a week, one in home, another at a nice hospital in the burbs. She spent the last 25 years as a bar cook, and has a GED. I could see her being physically able to do an office job, but she's uh, not mentally well suited. Smart, but no ability to jump through hoops, not speak her piece, or tell someone to go gently caress themselves. Also dealing with a lot of depression as a result of her life exploding, and no real job prospects. I wish I could move her closer, but cost of living is a lot higher where I am, she'd have no friends, the only real perk is I could do daily activity stuff like laundry for her. She's 4.5 hours drive away :smith:

Yowch, that's rough. I had an emergency spinal fusion due to a car accident and I'm definitely not doing the greatest but certainly not as impaired as her. Sounds like she absolutely will get it but seems like they just fight you as much as they can. I'm currently on disability with my employer which seems like it must be a much lower standard of entry.

Thesaurus
Oct 3, 2004


Arsenic Lupin posted:

When you're having trouble with Social Security, always, always call your Representative's office. They have people on staff trained to help you make it through the bureaucracy. This also applies to military pensions, and in general any way the Federal bureaucracy can refuse to cooperate with you. The staff won't necessarily solve your problem, but they will usually be able to get more information than you can..

having worked in a few federal agencies, including social security (not on the disability side of things), i can tell you that a congressional inquiry definitely puts the fire to people's feet. The ones I saw were just "what's going on with this case?", but spurred the management chain into action

E-flat
Jun 22, 2007

3-flat
Say two people have a contract with each other that says neither party can modify it without permission from both. Can a third party come along and dissolve it, or does getting rid of a contract count as modifying it?

Harold Fjord
Jan 3, 2004
What third party? That idea is mostly incoherent (meaning, obviously no) as you've presented it

Harold Fjord fucked around with this message at 19:15 on Jan 28, 2023

null_pointer
Nov 9, 2004

Center in, pull back. Stop. Track 45 right. Stop. Center and stop.

Isn't the whole point of a contract to memorialize an agreement that cannot be changed? Isn't that baked into the entire principal?

Harold Fjord
Jan 3, 2004
Whether when and how it can be changed is often written as part of it. So not quite what you are saying but your mostly on the right track as it relates to the question

Harold Fjord
Jan 3, 2004
Did this third party legally dissolve a contractually bound company? Was the contract invalid due to the third party's lien or other preceding arrangement?

evilweasel
Aug 24, 2002

E-flat posted:

Say two people have a contract with each other that says neither party can modify it without permission from both. Can a third party come along and dissolve it, or does getting rid of a contract count as modifying it?

why would a third party be able to dissolve a contract they aren't a part of regardless of what the contract says? besides specifically giving them the right to for some reason.

Alchenar
Apr 9, 2008

My 1st year contract law exam answer would be a) a state could legislate in a way to make the contract unenforceable, b) the contract could have an automatic termination clause if performance is reliant on a third party to the contract and the third party innocently frustrates it.

Hieronymous Alloy
Jan 30, 2009


Why! Why!! Why must you refuse to accept that Dr. Hieronymous Alloy's Genetically Enhanced Cream Corn Is Superior to the Leading Brand on the Market!?!




Morbid Hound
Yeah, who's the "third party"? Their wife who has a spousal interest? The State of Delaware? The IRS? A Somali pirate?

dpkg chopra
Jun 9, 2007

Fast Food Fight

Grimey Drawer

E-flat
Jun 22, 2007

3-flat

It’s this.


Nah, it’s a ttrpg thing. One character has a contract with a demon and we’re trying to figure out how to get them out of it. A genie’s wish spell could do it, but other players are arguing that magically annulling the contract would count as modifying it, and thus would require the demon’s permission. I was interested if there was any legal basis for that argument. Like, if annulling a contract is de jure modifying it. :shobon:

Atticus_1354
Dec 10, 2006

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E-flat posted:

It’s this.


Nah, it’s a ttrpg thing. One character has a contract with a demon and we’re trying to figure out how to get them out of it. A genie’s wish spell could do it, but other players are arguing that magically annulling the contract would count as modifying it, and thus would require the demon’s permission. I was interested if there was any legal basis for that argument. Like, if annulling a contract is de jure modifying it. :shobon:

Is the demon more powerful than the genie? Did they both roll magic checks? Who won?

dpkg chopra
Jun 9, 2007

Fast Food Fight

Grimey Drawer
Please refer to Homer Simpson v. The Devil

E-flat
Jun 22, 2007

3-flat

Atticus_1354 posted:

Is the demon more powerful than the genie? Did they both roll magic checks? Who won?

It hasn’t happened yet! How powerful the genie will be is completely unknown. All it needs to be more powerful than is an infernal contract though…

Blue Footed Booby
Oct 4, 2006

got those happy feet

E-flat posted:

It’s this.


Nah, it’s a ttrpg thing. One character has a contract with a demon and we’re trying to figure out how to get them out of it. A genie’s wish spell could do it, but other players are arguing that magically annulling the contract would count as modifying it, and thus would require the demon’s permission. I was interested if there was any legal basis for that argument. Like, if annulling a contract is de jure modifying it. :shobon:

The standard ways to get out of a demon's contract is to come up with a scheme funny/interesting enough the DM allows it. Suggestions:
-Find someone with a juicier soul, like finding a new tenant to get out of a lease
-Kill the demon
-Get someone else to kill the demon
-Break into the demonic hall of records, steal and destroy the physical contract
-If the contract ends on death, kill the character, then pay to have them resurrected
-Enter into a conflicting contract with a more powerful entity. What's the current master gonna do, sue Asmodeus? Bonus points if the answer to that question is "yes."

Blue Footed Booby fucked around with this message at 21:29 on Jan 28, 2023

Hieronymous Alloy
Jan 30, 2009


Why! Why!! Why must you refuse to accept that Dr. Hieronymous Alloy's Genetically Enhanced Cream Corn Is Superior to the Leading Brand on the Market!?!




Morbid Hound

E-flat posted:

It’s this.


Nah, it’s a ttrpg thing. One character has a contract with a demon and we’re trying to figure out how to get them out of it. A genie’s wish spell could do it, but other players are arguing that magically annulling the contract would count as modifying it, and thus would require the demon’s permission. I was interested if there was any legal basis for that argument. Like, if annulling a contract is de jure modifying it. :shobon:




A Wish might work, but I wouldn't use it; the problem is that it could have nasty side effects, such as unwinding time to before the contract was ever signed, etc.

Fellatio del Toro
Mar 21, 2009

the entire fields of demon and genie contract law are based on undermining the spirit of the contract through overly literal interpretation. if the contract explicitly states "neither the demon nor the player can modify this contract without the consent of both" then that necessarily implies that someone who is neither the demon nor the player is not subject to this constraint, and there is no reason that a genie would need consent to modify the contract

frankly at this point you should not be communicating with the demon at all except through your genie

Hieronymous Alloy
Jan 30, 2009


Why! Why!! Why must you refuse to accept that Dr. Hieronymous Alloy's Genetically Enhanced Cream Corn Is Superior to the Leading Brand on the Market!?!




Morbid Hound

Fellatio del Toro posted:

the entire fields of demon and genie contract law are based on undermining the spirit of the contract through overly literal interpretation. if the contract explicitly states "neither the demon nor the player can modify this contract without the consent of both" then that necessarily implies that someone who is neither the demon nor the player is not subject to this constraint, and there is no reason that a genie would need consent to modify the contract

frankly at this point you should not be communicating with the demon at all except through your genie

Ask/Tell > Legal Questions: Do not communicate with the demon at all except through your genie

E-flat
Jun 22, 2007

3-flat

Hieronymous Alloy posted:

A Wish might work, but I wouldn't use it; the problem is that it could have nasty side effects, such as unwinding time to before the contract was ever signed, etc.

That is going to be the troublesome thing, coming up with the correct wording. Honestly I think we could wish for the contract to be annulled, to amend the contract for the character to be able to unilaterally terminate it without delivering the five souls he owes the demon, or to replace the pact wholesale with another from another powerful magical creature—ie, substitute the name in the contract with someone else. Whatever’s easier.


I’m not a clever thinker, so coming up with schemes is a little out of the question for me.


ninja edit: haha holy poo poo. I feel honored

Alchenar
Apr 9, 2008

Just deliver the five souls man, why you trying to welch on a deal?

E-flat
Jun 22, 2007

3-flat
We’re not murderhobos. :colbert:

Also, the souls have to be from our home continent. We don’t want to introduce the demon to our home.

bpACH
Apr 5, 2009

E-flat posted:

It’s this.


Nah, it’s a ttrpg thing. One character has a contract with a demon and we’re trying to figure out how to get them out of it. A genie’s wish spell could do it, but other players are arguing that magically annulling the contract would count as modifying it, and thus would require the demon’s permission. I was interested if there was any legal basis for that argument. Like, if annulling a contract is de jure modifying it. :shobon:


INAL, but if this is D&D 5th edition, you could argue that if the pact is magically enforced, it's essentially the same as a mutually binding Geas. Since one of the terms of the Geas spell is that a wish spell cancels it, the fact that the contract can ended by a wish spell is part of the underlying framework of the pact. So any wish should be able to end the contract. However, since the wish ends the contract (rather than nullifying it), any language about what happens when the pact ends would apply.

That said, neither the player nor the demon can cast the wish or request that someone cast it without the other's approval without violating the contract.

3rd parties aren't bound by the contract and can cast wish to end the pact. They should be aware that this may constitute wrongful interference in the jurisdiction governing the pact and give the demon grounds to seek compensation according to the laws (or lack thereof) of that jurisdiction.

Beachcomber
May 21, 2007

Another day in paradise.


Slippery Tilde

Blue Footed Booby posted:

-Enter into a conflicting contract with a more powerful entity. What's the current master gonna do, sue Asmodeus? Bonus points if the answer to that question is "yes."

Given our DM, this would be the most likely, including the Bonus.

One of the issues is that Hell is the guarantor (? I don't know the legal words) of the contract, and will enforce the terms. I don't know if that makes them a third party.

Alchenar posted:

Just deliver the five souls man, why you trying to welch on a deal?

I personally think the 5 souls are what the demon needs to establish a beachhead on a world where hell doesn't exist yet. Also the person who signed the deal is an NPC.

E-flat
Jun 22, 2007

3-flat

bpACH posted:

3rd parties aren't bound by the contract and can cast wish to end the pact. They should be aware that this may constitute wrongful interference in the jurisdiction governing the pact and give the demon grounds to seek compensation according to the laws (or lack thereof) of that jurisdiction.

Okay, I see that inference is “wrongful conduct that prevents or disturbs another in the performance of his usual activities, or in the conduct of his business or contractual relations.” Hm. In this situation, the demon is actually trying to overthrow the ruler of Hell, but she’s not without her supporters. So this may be a problem if Hell’s legal department is under her influence.

E: oh no the posting is coming from inside the thread

Beachcomber posted:

Also the person who signed the deal is an NPC.
DMPC.

E-flat fucked around with this message at 22:26 on Jan 28, 2023

joat mon
Oct 15, 2009

I am the master of my lamp;
I am the captain of my tub.

E-flat posted:

It’s this.


Nah, it’s a ttrpg thing. One character has a contract with a demon and we’re trying to figure out how to get them out of it. A genie’s wish spell could do it, but other players are arguing that magically annulling the contract would count as modifying it, and thus would require the demon’s permission. I was interested if there was any legal basis for that argument. Like, if annulling a contract is de jure modifying it. :shobon:

An annulment is literally not a modification.

Trapick
Apr 17, 2006

In D&D at least all living creatures have souls. Give him 5 mice or something.

Edit:

Beachcomber posted:

Also the person who signed the deal is an NPC.
Kill the NPC?

Harold Fjord
Jan 3, 2004
We really need a text precise copy of this contract to do this properly

Arcturas
Mar 30, 2011

Create a situation (using wish or whatever) that renders the demon's performance impossible, then sue them for breach of contract.

E-flat
Jun 22, 2007

3-flat

Harold Fjord posted:

We really need a text precise copy of this contract to do this properly

I know, right? Of course, we don’t have one, because the DM doesn’t want to go through the trouble. Our DM doesn’t like to plan things and just goes with the flow of what he wants to do for the story.


If any of y’all feel so inspired to draft one hit me up lol

Antivehicular
Dec 30, 2011


I wanna sing one for the cars
That are right now headed silent down the highway
And it's dark and there is nobody driving And something has got to give

E-flat posted:

I know, right? Of course, we don’t have one, because the DM doesn’t want to go through the trouble. Our DM doesn’t like to plan things and just goes with the flow of what he wants to do for the story.


If any of y’all feel so inspired to draft one hit me up lol

The correct answer here is "hey GM, can we brainstorm some fun ways to resolve this story arc without us feeding anyone to Hell," because sometimes collaborative storytelling is easier if you just talk about it, but I'd love to see this thread crowdsource a demon contract

Alchenar
Apr 9, 2008

Well is it a demon or a devil because that's pretty important in the 'does this contract matter?' stakes.

Beachcomber
May 21, 2007

Another day in paradise.


Slippery Tilde

Alchenar posted:

Well is it a demon or a devil because that's pretty important in the 'does this contract matter?' stakes.

Ascended succubus, so technically a demon, but the contract was facilitated by a contract devil.

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Volmarias
Dec 31, 2002

EMAIL... THE INTERNET... SEARCH ENGINES...
NAL, but you might be able to find a way to argue that the NPC was not actually able to agree to the contract when it was signed. Where contracts are intended to be a "meeting of the minds," if your NPC was busy drunkenly pitching a tent in his pants instead of understanding what was signed, you might find a way out there.

... Actually, what's the penalty for non compliance? Just that NPC's soul?

E-flat posted:

We’re not murderhobos. :colbert:

It sounds like your party is going to have to get very cool with some things very fast, actually. That's the fastest way out of having to collect 5 souls and introduce hell to another place.

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