Judge tells living man that he’s still legally dead

[jimmy olsen]

How does that work?  How can a death ruling not be reversible if you're still alive?

I'm not arguing that he be rewarded any property lost or whatever, but an individual can not function in modern society without a valid social security number.  Can't get a job, can't pay taxes even if he could, etc.

http://news.yahoo.com/blogs/sideshow/judge-tells-living-man-that-he%E2%80%99s-still-legally-dead-201043615.html

Judge tells living man that he's still legally dead

Eric Pfeiffer, Yahoo News October 9, 2013 4:10 PM The Sideshow

Life can be tough, especially when a judge says you're dead in the eyes of the law.

That's exactly what happened to Ohio resident Donald Eugene Miller Jr. on Monday when a judge upheld a 1994 court ruling declaring the 61-year-old legally dead.

The Courier reports that 19 years ago, a court in Hancock County declared Miller legally dead eight years after he disappeared from his rental home.

As a result, Miller has lost his Social Security number and his driver's license.

Judge Allan Davis called it a "strange, strange situation," but he also said the court cannot budge in its decision.

"We've got the obvious here," Davis said. "A man sitting in the courtroom, he appears to be in good health."

Each state can make its own laws regarding declaring someone legally dead. Most generally rely on a similar set of criteria: that someone is missing and presumed dead if they can't be located for at least seven years, the absence has been continuous and a genuine effort has been made to locate the person.

Miller said he is a recovering alcoholic and abandoned his rental home while in the throes of his addiction. He said he returned to the court as part of an effort to get his life back together.

"It kind of went further than I ever expected it to," Miller told the court. "I just kind of took off, ended up in different places."

Technically, Miller can petition to have his Social Security number reinstated in federal court, but his attorney, Francis Marley, told the Courier that Miller does not have the financial resources to pursue a second hearing.

"My client's here on a wing and a prayer today," Marley said.

His ex-wife, Robin Miller, asked for the initial death ruling so that Social Security death benefits could be paid to their two children. She reportedly declined to testify in court on Monday.

"I don't know where that leaves you, but you're still deceased as far as the law is concerned," Davis said.

Robin Miller says she opposed overturning the death ruling, because she would then have to pay back the federal government for the benefits she received and does not have the financial means to do so. Donald Eugene Miller reportedly owed her $26,000 in child support at the time of his "death."

Despite Miller's efforts to come clean with the court, Davis said there is a three-year legal limit for reversing a death ruling.

However, Miller said he wasn't even aware of his legal "death" until his parents told him about it when he finally returned to Ohio in 2005.

[11B4V]

His ex-wife, Robin Miller, asked for the initial death ruling so that Social Security death benefits could be paid to their two children. She reportedly declined to testify in court on Monday.

Robin Miller says she opposed overturning the death ruling, because she would then have to pay back the federal government for the benefits she received and does not have the financial means to do so. Donald Eugene Miller reportedly owed her $26,000 in child support at the time of his "death."

So, he's a deadbeat.

[jimmy olsen]

His ex-wife, Robin Miller, asked for the initial death ruling so that Social Security death benefits could be paid to their two children. She reportedly declined to testify in court on Monday.

Robin Miller says she opposed overturning the death ruling, because she would then have to pay back the federal government for the benefits she received and does not have the financial means to do so. Donald Eugene Miller reportedly owed her $26,000 in child support at the time of his "death."

So, he's a deadbeat.

Yeah, but he's not a zombie. Fucker's alive.

[11B4V]

His ex-wife, Robin Miller, asked for the initial death ruling so that Social Security death benefits could be paid to their two children. She reportedly declined to testify in court on Monday.

Robin Miller says she opposed overturning the death ruling, because she would then have to pay back the federal government for the benefits she received and does not have the financial means to do so. Donald Eugene Miller reportedly owed her $26,000 in child support at the time of his "death."

So, he's a deadbeat.

Yeah, but he's not a zombie. Fucker's alive.

he deserves what he gets. Let him stay dead.

[MadImmortalMan]

He may be a deadbeat, but his wife's a scam artist.

His ex-wife, Robin Miller, asked for the initial death ruling so that Social Security death benefits could be paid to their two children. She reportedly declined to testify in court on Monday.

They can both rot in hell.

[11B4V]

 

[jimmy olsen]

He may be a deadbeat, but his wife's a scam artist.

His ex-wife, Robin Miller, asked for the initial death ruling so that Social Security death benefits could be paid to their two children. She reportedly declined to testify in court on Monday.

They can both rot in hell.

Read a few articles, no evidence that I've seen that suggests she knew he was alive. In fact, she waited 8 years rather than the required 7 to have him declared dead.

The fact that he's just turned up alive is going to completely screw her over. She'd owe tens of thousands to the government if he was declared alive. I can understand not wanting that to happen.

[merithyn]

He may be a deadbeat, but his wife's a scam artist.

His ex-wife, Robin Miller, asked for the initial death ruling so that Social Security death benefits could be paid to their two children. She reportedly declined to testify in court on Monday.

They can both rot in hell.

Wow. That's what you got from that article? He disappeared. She waited MORE than the necessary time to declare him dead before applying for benefits for her children. And she refused to testify in court, probably because she has a vested interest in the outcome and didn't want to tip the scales.

It's tragic, however this plays out. He's clearly a mess, and she was trying to provide for her kids.

[Malthus]

He may be a deadbeat, but his wife's a scam artist.

His ex-wife, Robin Miller, asked for the initial death ruling so that Social Security death benefits could be paid to their two children. She reportedly declined to testify in court on Monday.

They can both rot in hell.

How so? Seems she acted in good faith.

[Malthus]

His ex-wife, Robin Miller, asked for the initial death ruling so that Social Security death benefits could be paid to their two children. She reportedly declined to testify in court on Monday.

Robin Miller says she opposed overturning the death ruling, because she would then have to pay back the federal government for the benefits she received and does not have the financial means to do so. Donald Eugene Miller reportedly owed her $26,000 in child support at the time of his "death."

So, he's a deadbeat.

Yeah, but he's not a zombie. Fucker's alive.

True. The issue, though, is the legal effect of his "death". Namely, that property and rights got transferred to other people.

At issue is whether they should be transferred back now. It's really a limitations issue: seems that the way the law works, too much time has passed, so he's shit out of luck.

Limitations always has the effect of extinguishing otherwise sound rights simply because it would be unfair, after so long, to try to turn the clock back and restore the situation as it was ... even though, had people known and acted on the facts earlier, the situation would have been different.

[derspiess]

It's tragic, however this plays out. He's clearly a mess, and she was trying to provide for her kids.

Of course you always assume the best motives for the woman

[MadImmortalMan]

Clearly this guy was declared dead so that the people who had it done could benefit monetarily. Duh. How can anyone see it any other way?

[Malthus]

Clearly this guy was declared dead so that the people who had it done could benefit monetarily. Duh. How can anyone see it any other way?

Well, yes. When someone dissapears, it is necessary to determine what to do with his or her stuff. It is reasonable to give it to others if they can't be found. What else should happen with it?

[lustindarkness]

You know how many people would like to be in his position? To disappear in the eyes of the law, no taxes, no credit, no goverment intervention, no ex wife looking for child support. What he needs is to learn to live off the land in some remote mountain be be happy the rest of his life.

[jimmy olsen]

His ex-wife, Robin Miller, asked for the initial death ruling so that Social Security death benefits could be paid to their two children. She reportedly declined to testify in court on Monday.

Robin Miller says she opposed overturning the death ruling, because she would then have to pay back the federal government for the benefits she received and does not have the financial means to do so. Donald Eugene Miller reportedly owed her $26,000 in child support at the time of his "death."

So, he's a deadbeat.

Yeah, but he's not a zombie. Fucker's alive.

True. The issue, though, is the legal effect of his "death". Namely, that property and rights got transferred to other people.

At issue is whether they should be transferred back now. It's really a limitations issue: seems that the way the law works, too much time has passed, so he's shit out of luck.

Limitations always has the effect of extinguishing otherwise sound rights simply because it would be unfair, after so long, to try to turn the clock back and restore the situation as it was ... even though, had people known and acted on the facts earlier, the situation would have been different.

Him losing property isn't the issue though. If he's dead then he legally doesn't exist and can't function in society. His SSN is invalid and he can't work, can't pay taxes, can't have financial interactions with banks, can't buy or rent property, can't have health care, can't sign up for any government programs, etc. How is that acceptable?