(Newswire.net — October 11, 2013) Findlay, OH — Miller had gone to court Monday to try to reverse a 1994 death ruling by the same judge, Allan Davis. Judge Davis had declared Miller dead eight years after the latter had disappeared from his rental home.
While Judge Davis could physically see that Miller was indeed in the courtroom and in apparent good health, Davis did not reverse the ruling on the grounds that Miller’s suit came after the three-year legal limit for challenging a death ruling.
Miller’s ex-wife, Robin, asked for the death ruling from Judge Davis in 1994. With Mr. Miller declared dead, his “widow” was entitled to Social Security death benefits to support their two children. Ms. Miller did not testify Monday and is opposing her ex-husband’s petition to reverse the death ruling, saying that she doesn’t have the money to pay back the Social Security benefits.
Mr. Miller did not find out about his untimely demise until he returned to Ohio in 2005 and was informed of the death ruling by his parents.
During the time that he was “dead”, he worked odd jobs in Atlanta and Florida to make ends meet, but had not sought treatment for his alcoholism or tried to contact his children.
Mr. Miller had originally fled in 1986 after he lost his job, leaving behind his family behind.
By 1994, Mr. Miller’s back child support payments amounted to more than $25,000 and the family had heard no word from him.
“I don’t know where that leaves you, but you’re still deceased as far as the law is concerned,” Judge Davis said.
Mr. Miller does have the option of appealing to the Social Security Administration, but does not have the money to do so.
Sounds like a scene from Monty Python, “bring out your dead”.
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Sources:
http://www.foxnews.com/us/2013/10/10/ohio-man-told-by-judge-still-legally-dead-despite-being-alive/
http://www.bbc.co.uk/news/world-us-canada-24486718
http://news.sky.com/story/1152982/ohio-man-still-legally-dead-despite-reappearing