Retaliation Complaint Compensation Guidance

In February * I filed a complaint against a DSHS case worker/ employee for retaliation, intimidation, harassment , threats, unfair treatment, discrimination of mental illness, and other inappropriate behaviors. I believe that employee was treating me this way because of a previous complaint I made in * against a different case worker/ employee. My previous complaint, for unknown reasons was mishandled, and the complaint process was not followed. Also unknown is what happened as a result of my complaint, only that the employee my complaint was against was able to “retire early” and ended his employment voluntarily and with his pension/ benefits. After I filed this complaint, I began to experience unfair treatment, retaliation, harassment, intimidation, bullying, threats, discrimination against my mental illness, and punishment in the form of sanctions, reduction of my TANF benefits / cash and food assistance, even termination from the TANF program, as well as being refused help and / or accommodations for my disability and mental illness/ condition, and requirements added that I wasn’t able to follow. Because I was experiencing this kind of treatment, my mental illness worsened, my requests for help were refused, and I was unable to follow DSHS/ IRP requirements and rules for me to continue to qualify and receive my TANF/ public assistance benefits, I was threatened to have my TANF terminated, and then the DSHS case worker/ employee did terminate my benefits in February of *. After I requested an appeal of that decision, I experienced similar unfair treatment from administrative hearing coordinator assigned to the appeals case. I then decided to make a complaint against my DSHS case worker. After I filed my complaint, my DSHS case file was audited, and it was found that my case/ file was mishandled by DSHS employees, after the audit my benefits were immediately reinstated. Upon further investigation by the DSHS complaints/ constituents services department, there was sufficient/ substantial evidence to suggest that my current complaint was true and my previous complaint in * was seriously mishandled, and based upon my own statements and the evidence and information they had at that time that there were many other DSHS case workers / employees that were involved (*-* employees ) and had been retaliating against me because of my previous complaint in *. Even after I had filed the appeal, I had called DSHS customer care to ask to speak to my case workers supervisor, but was refused the supervisor’s name and contact information and told no supervisors were available but that they would notify someone whom will contact me regarding my request. The DSHS employee that I spoke to on the phone, demanded that I explain to her why I want to speak to my worker’s supervisor. I explained that I didnt feel comfortable telling her my reason, but she demanded to know and said she wouldn’t be able to help me or provide the information unless she I told her my reasons. So I told her that I felt like my case worker was retaliating against me for a previous complaint that I filed, after she demanded my name so she could look on the computer at my case file and I complied. She said well what complaint are you referring to, because I see a lot of different complaints that you’ve filed, so which complaint is it that you’re referring to. I told her and that’s when she said refused to give me the supervisors contact info. Several days later, I received a phone call from a DSHS employee calling me back regarding my request to speak to my case workers supervisor. The employee was a previous case worker whom was assigned to me after my complaint in *, who I also filed a complaint against. She was not a supervisor nor did she work in that department or even in that location as the office in my area. She also lied to me about who my case workers supervisor was. She told me the name was a supervisor that I also filed a previous complaint against. I had to experience this treatment since *, it was horrible. The dept of justice, civil rights division opened a formal investigation. The investigation is complete and it is currently in the report writing phase. The civil rights investigator called me recently and asked me what would I like as an outcome. I’m not sure how to respond to that question. I don’t know what I should expect or what I think should happen. And I believe there isn’t any way to make what happened to me better, even if they make changes to policies or procedures, it may help this from happening to someone else but it doesn’t help me in any way. I had to experience this treatment for so many years and there were so many different incidents and situations, it still affects me and it was traumatizing for me, and I don’t know if I’ll ever get over what I experienced. Would it be fair to ask for monetary compensation for pain, suffering, mental distress, stress, etc. If so, what would be a reasonable compensation amount to ask for in my situation

I’d like to include a few details regarding my complaint in *. My complaint was again my case worker at that time, Sergio Villalobos. It was regarding a situation/ incident during an in person appt that I was required to attend with him. Firstly, I have * children. Whom at that time were 14 years old (my son) and 9 years old (my daughter). My son was diagnosed at age * with severe mental health disorders/ illness, ADHD, bipolar disorder , depression, anxiety, ocd, mood disorders, odd, IDD, social/ emotional/ behavioral disorders. I received social security benefits for him because he was disabled. He was in special education during his school years. He was unable to control his behavior, emotions and feelings. Most days he couldn’t control himself. He was often angry and violent, towards us at home and even at school and around others. He was physically and verbally abusive towards us at home. He was often angry and would yell at us, threaten us/ to hurt us, and he often physically assaulted us. He would threaten or act out threats against us, to pinch, scratch , bite, slap , hit, punch, kick, cause injury to us, he has even threatened to kill us, or wishing something would happen and we would die. He often got angry and threw objects around the house, and would cause damage to the house or others personal property, punch holes in the walls, break and damage furniture, etc. He was extremely violent and we often felt scared and worried about our safety. It was very stressful, and scary for us. So, the DSHS appointment I was required to attend with Sergio was to discuss why I wasn’t able to follow DSHS rules and requirements to continue to receive and qualify for TANF / food and cash assistance. I tried to explain that often I wasn’t able to follow the requirements because of my son and his behavior and that he needed constant attention and sometimes we was needed to pick him up from school when he often got sent home because of his bad, dangerous behavior, or sometimes needed to be in his classroom to monitor him, or he often had anger outbursts and I had to take care of him and the situation happening, sometimes he needed crises intervention, emergency intervention, and sometimes the police were called to our home because he was violent and dangerous and we needed help. I further explained that I suffer with mental illness and disabilities, which itself make it difficult for me to follow the requirements. Between my son’s needs and his behavior and my mental illness and disability, I try and sometimes can but often I’m not able to follow the requirements. I told Sergio that we desperately needed help and specifically help with my son or to be referred to another agency or someone that can help. He said that my son’s behavior is very concerning and abusive. And that he’s a mandatory cps reporter and he’s required by law to report what I told him to cps. And he said that since my sons behavior is only worsening and it’s not a safe environment for my daughter and I’m unable to keep her or him safe. That I need to give him up to the state/ foster care. Otherwise if I don’t and a report to cps is made, they will take away my son and my daughter. So either I need to quit making excuses and wait complaining about my son and the problems I’m having and do what he is telling me to do and what DSHS requires me to do. Or he will call cos and make a report against me and they will take my kids, I will lose my TANF and I will have nothing left. My daughter was with me at the appointment and witnessed everything that was said. He even said that he felt that because of the way my daughter was dressed, what she was wearing, and because she had a temporary tattoo on her neck, she was already going down a wrong path and would end up on drugs, being a drug addict, or a prostitute and living off of welfare/ state money like me. He also refused to help me and us with my son and made us feel like we couldn’t ask for help and so we didn’t because we were afraid of what would happen and if cos would take my kids away and therefore we were forced to suffer through my sons abuse and violence every day. Sergio said many other things but these are the details that I feel is important right now. And this is why I filed a complaint against him and what my complaint was about. And ever since I filed this complaint I experienced retaliation and other unfair treatment from other DSHS employees. And my complaint was also attached to my DSHS case file and was able to be seen and read by any DSHS employees who had access to my case file in the computer system. Which I believe is why I experienced such severe retaliation and unfair treatment from so many DSHS employees since *.

Yes. Please include what I what I first explained as well since it is all included in the civil rights investigation

What else would be a reasonable expectation / expectation to respond back to the investigators question, what outcome would I like

Would it be unrealistic and unreasonable to ask for $*,* compensation

Yes

Can I request to be exempt from work first requirements and job related activities for the remainder of any time I’m receiving TANF or food and cash benefits. Or be exempt from having to submit monthly participation forms filled out and signed by my mental health provider. Or at least only have to submit a participation for every 3 months. Also can I request that I receive food stamps indefinitely for my lifetime no matter what my income, and even if I would otherwise not qualify. And not having to do anything to continue to receive food stamps, not even having to do monthly or yearly reviews and not having to notify DSHS of any changes to my situation at any time for the duration of my life.

Can I request to be reimbursed for cash and food during the times that I was punished by DSHS employees and they sanctioned or reduced my benefits, denied me, made me reapply all over again, or even terminated my benefits all together

Regarding my son and his behavior. Even though he was a child, and most people would say it was family violence, but would it still be considered domestic violence and in effect have the same impact on the people experiencing it, as would a person experiencing intimate partner/ domestic violence abuse and violence

Should DSHS treated our situation regarding the family violence the same as they do and are required to do by law. As well as following the same rules and laws as they do with intimate partner violence and abuse

Yes

I feel strongly that due to DSHS employees mistreatment, refusal of services or referring to other services, refusal and dismissal of the family violence situation we were experiencing, our family would not be in the current situation it is in today. And I feel my son would have had a better chance at getting the help he needed to address his anger and violence issues. After my son turned * and after graduating high school, his anger and violent behavior and mental health conditions worsened. It was impossible for us to live in the same house with him. He was constantly angry, violent, abusive and made threats to hurt or harm us, and would break or damage our house or personal property almost daily and throughout the day. He even made threats to kill us and himself. We were so scared and we worried that we would lock ourselves into our bedrooms or other rooms in the house. And would either lock ourselves into our bedrooms or place heavy furniture in front of our bedroom doors when we went to sleep at night because we were so scared and worried that he might kill us in the night while we were asleep. It became too much for us and my daughter told me that she was so scared and didn’t feel safe and it was so stressful and unbearable that if he didn’t move out of the house then she would have to go stay somewhere else where she would feel safe. My son was unable to care for himself since he was disabled and he needed someone to help him and make sure he was taking care of himself, washing, eating, etc. He would need to be in a group home or other housing where they had case management or other housing services for people with mental health and or disabilities. I started making phone calls to places immediately. I didn’t have much luck and so I also tried and called my DSHS case worker at the time and other employees at DSHS to ask for help with our situation ans my son and asked if they can involuntarily commit him or if what programs or services there are for him or if they can refer him or give me information that would help me or tell me places that could. But I was told no they don’t know, don’t help, don’t have services like that. I ended up calling cps on myself, I was desperate to get help for my son and my daughter and everyone. He was a danger to himself, others and the community. Cps told me since my son is * there is nothing they could do and referred me to adult protective services and DSHS and *. They said they could open an investigation regarding my daughter and her safety issues regarding the situation. So I hope that would help and could explain to my son that’s how bad things are and scared we are feeling. Hoping that he wouldn’t blame me and act of it his threats on us. I wasn’t able to find any housing or other solutions. Thankfully someone at his mosque offered to help and gave him a place to stay temporarily. We’ll, his behavior and mental illness continue to worsen. And several months later the FBI opened an investigation against him. Several months after that, the called me and came to our house. They informed me that the were conducting an undercover investigation against my son for his suspected ties and his communications/ contacts with isis terrorists and they believed he was making plans to leave the country to join Isis. I agreed to cooperate with the fbi and answered questions and provided school and medical records and reports and other documents and information throughout the course of their investigation. And I agreed to not tell my son or anyone else about it since it was an undercover investigation and they told me not to. He was arrested may * for trying to flee the country to join isis. And was later sentenced and charged with Material support Of terrorism. He will be released from federal prison several month from now. We worry about our safety after he gets out. As he know we cooperated with the fbi and they probably wouldn’t been able to arrest and charge him without our cooperation and the information we provided them with. So I feel that had DSHS helped and treated our situation regarding the family violence seriously this wouldn’t have happened. We wouldn’t have had to suffer through this horrible nightmare

February of *, my DSHS case worker David INLUC terminated my TANF benefits. The reason stated was that I refused to follow DSHS rules and requirements. Which was not submitting a second psych evaluation form within 6 months of already completing and submitting one. And refusing to submit a participation form filled out and signed by my counselor. I was unable to get the form to my counselor for her to fill out and sign so I could submit it to DSHS. Because I was experiencing severe mental health issues, complex ptsd, anxiety, depression, suicidal thoughts and tendencies, and agoraphobia and wasn’t able to leave my home and sometimes not even leave my own bedroom. and was also required to participate in interviews related to my sons arrest by the fbi and his current court case during that time. As well as a trying to handle the process of another legal issue which was regarding my daughter, she came forth with information that she had been sexually abused by a close family member from 4years old until she was 11 years old. So that was under investigation and then ongoing court/ legal proceedings during the time as well. We were also facing an eviction. When I applied for TANF in * and was approved and during my first appt with David over the phone, I attempted to explain everything and what was going on in my life and my situation and mental health at the time. Because of the amount of different things I was dealing with I wanted him to know that it would be difficult for me to follow DSHS rules and requirements and timeframes/ limits / dates. And that I would probably need help with some things especially with getting certain documents or forms submitted, filled out and submitted. He refused to help and to listen to my concerns and my situation and what I was going through and my children as well. When I attempted to explain my sons situation David said. I don’t want to hear anything about your son. Your son hasn’t lived with you for 2 years now. Your son has nothing to do with this. We know you, you know us. You know what we require from you, what you’re supposed to do. You need to quit using your son as an excuse. Quit making up excuses already. And do what you’re told to and supposed to do. And he wouldn’t let me explain anything else, not about our eviction, my daughter’s sexual abuse case and investigation, not even my worsened and new mental health conditions. He refused to help me find a mental health provider or refer me to someone who can, he refused to help me get some of the information that DSHS requires from me. Since I was unable to leave my home and wasn’t able to figure out how to get the form to my counselor so she could fill it out and submit it for me I repeatedly asked David to help me get it done. And I asked if he would just call or email my counselor and provide her with the form either by email or regular mail or faxing. He refused my requests. He would often call me asking about the form and threatening to terminate my benefits for not doing so and telling me to quit making excuses when I would try to explain my mental state or legal situations. I would remind him that I’ve asked him to help me and he would refuse. One time he called me about the form and said he should and is supposed to terminate me because I was refusing to follow DSHS requirements. I told him that I was severely depressed and my ptsd was the worst ever and I could barely get out of bed even to use the bathroom. He asked what would I do if he terminated my benefits right now because i refused to turn in that form, and I was unable to afford to pay rent or bills, and couldn’t take care of my daughter anymore. What would I do, how would I feel if that happened. I told him that I would feel horrible, I would feel like shit because I couldn’t pay rent or bills, and couldn’t take care of my daughter or even take care of myself. I would like such shit, so worthless that I would just want to die. David said he called on a recorded line, our phone conversation is being recorded. And he is a mandatory reporter, and since I just threatened to kill myself, he’s required by law to report me. I told him I didn’t say I was going to kill myself. You explained to me a horrible situation in which I would feel like I was hopeless and helpless and had nothing and I told you how I would feel in that situation. Which is not this situation or my current situation. David said. You need to turn in that form asap. Otherwise that’s what will happen, that will be your situation. And that is one example of the type of phone conversations I had with David and the kind of things he would say to me through time from * until Feb *

Can you add something about issues with David in the detailed account

In *, I was experiencing severe and worsening mental health symptoms, depression, etc. and I had attempted suicide. Had I not been taken to the hospital by ambulance when I was, my attempt would’ve been successful. When I arrived at the hospital I was treated immediately, but told I may need dialysis because the amount of Tylenol pm I took may have caused damage to my kidneys, I was kept in the hospital for several days after arriving. Fortunately I didn’t need dialysis. After being released from the hospital I was connected to mental health services and began receiving treatment, counseling and psychiatric services immediately. My children and I had to move back into my dad’s house because i was unable to work due to that situation and my mental health. I also applied for TANF right away and David inluc was assigned as my case worker. David was very understanding of my situation and my mental health. He was always helpful and supportive and would give me extra time to get documents or forms submitted or to complete certain requirements if I needed it. He was very kind to me and I felt like he cared about me and was truly concerned about me and my mental health as well as for my children. I contacted him whenever I had any questions or concerns, or to update him on my situation or notify him of any changes, and he would often answer my phone calls or return my calls right away, it was easy to get in touch with him. I felt comfortable talking to him. I continued working on my mental health, attending my counseling and psychiatric appts, and doing whatever I needed to to get better. After several months (unsure of how long) I started to feel uncomfortable with my living situation at my dads house, and I wasn’t happy or comfortable with having to rely on him and others to help me. I felt useless and felt like shit not being able to work and live on my own, and take care of my and my children by myself and be independent like most adults. So I called my boss at my previous job and asked if he needed anyone else to work and if he would hire me back. He said yes and I started working soon after that. I called David to tell him that I was going back to work. David sounded upset with me and about my decision to go back to work. He told me that I shouldn’t be right now, that I needed to focus on my mental health and getting better before I went back to work and he didn’t think that I had enough time to get better yet. And wanted me to reconsider my desire to work. I told him that I was tired of feeling like I wasn’t being productive and I was growing tired and uncomfortable with having to live with my dad and relying on my dad and others to help me and my kids and to support me and financially. And I wanted to be independent and take care of my children and myself, and live on my own and everything. I told him that I didn’t want to sit on my butt and do nothing, just collect welfare/ state money, be a piece of shit for the rest of my life, and not work or have a job, I want to do something with my life, I want to work and be productive and contribute to society, I want to do something with my life , I don’t want to be a piece of shit. After this phone call and I started working, I felt David was still upset about my decision and I felt he started treated me differently because of it. He didn’t return my calls right away like he used to , he was more strict about me submitting certain documents or forms, and he seemed to get frustrated and upset with me easily. And didn’t seem as understanding or as caring about me and my situation as he did before. He also didn’t seem like he wanted to help me as much and if I asked for help with something and it would cause him to have to do something extra or go out of his way, he would refuse to help and tell me he can’t help me with that. -* My appt with Sergio, and I believe it’s included in my complaint again him. Sergio stated, exactly opposite of what I said to David. Sergio said to me. I’m not going to feel sorry for you. I don’t feel sorry for people like you. Who think they can just sit on the butts collecting welfare/ state money, and don’t work and do nothing. I’m not going to let people sit on their butts and do nothing, just collect welfare / state money, and do nothing, not work or get a job. I’m going to make you do stuff, do something. Get a job, look for a job, go to school or get job training, or volunteer… Whatever it is. I’m not going to let you just sit around on your butt doing nothing, just collecting welfare, living off of state money. I’m going to make you work or do something. I feel like this is too much of a coincidence that he said this to me, because it is exactly what I said to David in */*, about how I felt about myself and my situation and me wanting to go back to work. I was wondering if maybe David wrote down/ documented what I said to him during our phone call. Maybe he wanted to document it or maybe he needed to or it was required, because he needed to give an explanation or my reasons why i decided to go back to work, even though i was exempt from work/ getting a job due to my mental illness. And if in fact he had documented what i told him, and sergio had read that in my case file, and that is why he said that to me. If that is true then I feel he was using that against me. That would be in appropriate, and I feel that it affected my mental health, especially since it was exactly what I said about myself to David and how would Sergio know, it made me feel paranoid and like there was some kind of conspiracy against me

Please summarize this situation by itself so I can send it to the investigator, you can use any other information that I’ve already provided if it’s useful to this situation, but don’t create another document or draft of what I would like as an outcome. Just create a draft or summary or document about this situation itself please.