(b)(7)(c)
                                                        Lufkin, Texas
                                                        June 16, 1992
Director
Americans With Disabilities Act
  Enforcement
U.S. Department of Justice
Washington, D.C. 20530

Dear Mr. XX

        ILLEGIBLE Americans With
Disabilities. In the list at the beginning of the Act
are included, after the mentally ill, those who are
"thought" to be mentally ill--in a separate classification.

Would these include someone who had been committed to a
state mental hospital for three months but who was subsequently
cleared by an order of a state court of appeals six months
after the beginning of the commitment? The court of appeals
ruled the commitment to be an error in judgement by the
trial court based on five points of error including lack of
evidence. The argument before the court of appeals asserted
that the person had her constitutional rights violated
by this commitment.

        This person was unable to find a half-way house that
would receive her unless she applied for SSI while still in
the hospital. The SSI was awarded based on the diagnosis
of the doctors in the state hospital. Social Security awarded
the SSI even though they were informed before the issuance of
the first check that a state court of appeals had vacated the
original order of commitment.

        The person told the Social Security officer that they
believed that they could be included in SSI under the new
law because they suffered the stigma of an illegal commitment
and would have great difficulty in getting employment
because of this stigma. The Social Security office was informed
that the person was seeking legal aid to have the records cleared
and that there was no attempt to make a fraudulent claim.
She has been unable to get a lawyer to seek a court order to
clear the record for fear that she would lose her SSI.

        (1) Does the new law include such a person who was
committed to a state hospital in violation of the law?

        (2) Can she qualify for Social Security benefits for the
disabled under the classification of those who are "thought"
to be mentally ill as described in the new law?

        I would appreciate an answer as soon as possible to
my questions in such a form that it could be used as documentation in
listing a new basis for the SSI award and as a means to clear the obstacles
for clearing the record.

                                Sincerely,

                                (b)(7)(c) 
01-01486