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420 52244 9405 5036 9930 0354 3988 14

March 14, 2013

Consumer Financial Protection Bureau (CFPB)

P.O. Box 4503
Iowa City, IA 52244
RE: CFPB Case # 120914-000082
RE: Request for disability accommodation, Americans With Disabilities Act (ADA)
42 U.S.C. 12101 et seq., and the Rehabilitation Act of 1973, 29 U.S.C. 701 et. seq.
To Whom It May Concern:
Please find enclosed a copy of my December 25, 2012 email request for disability
accommodation under the Americans With Disabilities Act (ADA) 42 U.S.C. 12101 et seq.,
and the Rehabilitation Act of 1973, 29 U.S.C. 701 et. seq.
I am disabled with physical and mental impairments that substantially limits manual tasks,
hearing and comprehension, sleeping, walking, standing, speaking, learning, reading,
concentrating, thinking, communicating, and working.
Unfortunately these impairments result in confusion, misunderstanding, and miscommunication,
which is a barrier to understanding the CFPB complaint process, and effectively communicating
with the CFPB. Therefore I request reasonable disability accommodation so that I may
understand and use the CFPB in an effective and expeditious manner for which Congress
intended, and for the receipt of services or the participation in programs or activities provided by
the Consumer Financial Protection Bureau.
Attached to this letter is a list of my physical and mental impairments with ICD-9-CM Codes
Accompanying this letter is a medical report by Dr. Karin Huffer. In November 2009 I retained
Dr. Huffer, 3236 Mountain Spring Rd. Las Vegas, NV 89146, as my Americans with Disabilities
Act (ADA) accommodation advocate and designer.
On February 17, 2010 Dr. Huffer prepared my ADA Assessment and Report (ADA Report) for
the Thirteenth Judicial Circuit, Florida in an unrelated matter. Dr. Huffers ADA Report is
enclosed in support of my request for disability accommodation, although it is now three years
old and does not address all my impairments, or impairments that have worsened since then.
One accommodation that would help is the ability to communicate by email. Preparing and
mailing this letter in paper format was onerous and time consuming, about six (6) hours. In
addition, sending documents through the mail is expensive in terms of postage costs.
Communication with the CFPB by fax is not reliable. On January 23, 2013 I faxed to the CFPB a
FOIA-Privacy Act request that was not received. The one page fax is enclosed. Finally the CFPB

Consumer Financial Protection Bureau (CFPB)

Request for Disability Accommodation

March 14, 2013

Page - 2

Ombudsman was able to get the CFPB to respond, but the whole process took seven weeks. And
faxing documents consisting of hundreds of pages is not a viable option due to the capacity
limitation of fax machines available to me.
Telephone communication is very difficult and not viable for me. First, it requires real-time
communication which is a problem involving memory, hearing and comprehension, speaking,
concentrating, thinking, and communicating. Second, there is no written record with which to
later refer. To alleviate some of these disability issues, all calls on my home office telephone
extension (352) 854-7807 are recorded for quality assurance purposes pursuant to the business
use exemption of Florida Statutes chapter 934, section 934.02(4)(a)(1) and the holding of Royal
Health Care Servs., Inc. v. Jefferson-Pilot Life Ins. Co., 924 F.2d 215 (11th Cir. 1991).
Attached you will find the text of 42 USC 12102 - Definition of disability under the ADA.
42 USC 12102 - Definition of disability
(1) Disability
The term disability means, with respect to an individual
(A) a physical or mental impairment that substantially limits one or more
major life activities of such individual;
(B) a record of such an impairment; or
(C) being regarded as having such an impairment (as described in
paragraph (3)).
(2) Major life activities
(A) In general
For purposes of paragraph (1), major life activities include, but are not
limited to, caring for oneself, performing manual tasks, seeing, hearing,
eating, sleeping, walking, standing, lifting, bending, speaking, breathing,
learning, reading, concentrating, thinking, communicating, and working.
Please contact me if you need additional information. Thank you for your consideration.
Sincerely,

Neil J. Gillespie
8092 SW 115th Loop
Ocala, Florida 34481
Telephone: (352) 854-7807
Email: neilgillespie@mfi.net
cc: U.S. Senator Elizabeth Warren
Enclosures

Neil J. Gillespie
8092 SW 115th Loop
Ocala, Florida 34481
Telephone: (352) 854-7807
Email: neilgillespie@mfi.net
Request for disability accommodation under the Americans With Disabilities Act (ADA) 42
U.S.C. 12101 et seq., and the Rehabilitation Act of 1973, 29 U.S.C. 701 et. seq.
Medical Conditions

ICD-9-CM Code

Post Traumatic Stress Disorder (PTSD)

with PTSD related panic attack in response to
stimuli associated with a serve stressor

309.81

Anxiety disorder due to medical condition

Dysthymic disorder (chronic depression)
Depression

293.89
300.4
296.3

Cleft palate with unilateral cleft lip (L)

Facial disfigurement, scaring
Velopharyngeal Incompetence (VPI)
Voice disorder, hypernasality

749.21
709.2
528.9
784.43

Retracted eardrum (L)

Eustachian tube defect
Hearing loss

384.28
381.89
389.90

Diabetes (mellitus) NOS, Type 2 diabetes, adult onset

Brain trauma, head injury from a mugging (1988)

250.00 (w/diabetic neuropathy)

310.20

42 USC 12102 - Definition of disability | Title 42 - The Public Health a...

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As used in this chapter:

(1) Disability
The term disability means, with respect to an individual
(A) a physical or mental impairment that substantially limits one or more major life
activities of such individual;

(B) a record of such an impairment; or

(C) being regarded as having such an impairment (as described in paragraph (3)).
(2) Major life activities
(A) In general
For purposes of paragraph (1), major life activities include, but are not limited to,
caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping,
walking, standing, lifting, bending, speaking, breathing, learning, reading,
concentrating, thinking, communicating, and working.
(B) Major bodily functions
For purposes of paragraph (1), a major life activity also includes the operation of a

major bodily function, including but not limited to, functions of the immune system,
normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory,
circulatory, endocrine, and reproductive functions.

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Substantial Impairment

(3) Regarded as having such an impairment

For purposes of paragraph (1)(C):
(A) An individual meets the requirement of being regarded as having such an
impairment if the individual establishes that he or she has been subjected to an

action prohibited under this chapter because of an actual or perceived physical or

mental impairment whether or not the impairment limits or is perceived to limit a

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major life activity.

(B) Paragraph (1)(C) shall not apply to impairments that are transitory and minor. A
transitory impairment is an impairment with an actual or expected duration of 6
months or less.

(4) Rules of construction regarding the definition of disability

The definition of disability in paragraph (1) shall be construed in accordance with the
following:

(A) The definition of disability in this chapter shall be construed in favor of broad

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coverage of individuals under this chapter, to the maximum extent permitted by the
terms of this chapter.

(B) The term substantially limits shall be interpreted consistently with the findings
and purposes of the ADA Amendments Act of 2008.

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(C) An impairment that substantially limits one major life activity need not limit other
major life activities in order to be considered a disability.

(D) An impairment that is episodic or in remission is a disability if it would

substantially limit a major life activity when active.
(E)

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(i) The determination of whether an impairment substantially limits a major life

activity shall be made without regard to the ameliorative effects of mitigating

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measures such as

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(which do not include ordinary eyeglasses or contact lenses), prosthetics including

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(III) reasonable accommodations or auxiliary aids or services; or

(IV) learned behavioral or adaptive neurological modifications.
(ii) The ameliorative effects of the mitigating measures of ordinary eyeglasses or
contact lenses shall be considered in determining whether an impairment
substantially limits a major life activity.
(iii) As used in this subparagraph
(I) the term ordinary eyeglasses or contact lenses means lenses that are intended
to fully correct visual acuity or eliminate refractive error; and
(II) the term low-vision devices means devices that magnify, enhance, or
otherwise augment a visual image.

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3/14/2013 12:48 PM

Fax

From: Neil J. Gillespie

8092 SW 115th Loop
Ocala, FL 34481
Telephone: (352) 854-7807
Email: neilgillespie@mfi.net

To: Chief FOIA Officer - CFPB

Fax: 1-855-329-3642
Date: January 23, 2013
Pages: one (1), this page only
Re: Freedom of Information Act request, CFPB case 120914-000082
Chief FOIA Officer - CFPB
Consumer Financial Protection Bureau
1700 G Street NW
Washington, DC 20552
Fax: 1-855-329-3642
RE: Freedom Of Information Act (FOIA) request
Consumer Financial Protection Bureau Case (CFPB) Case Number 120914-000082
Dear CFPB FOIA Officer:
This is a request under the Freedom of Information Act (FOIA).
I request that a copy of contents of my file in case no. 120914-000082 be provided to me, and request
any fees be removed since this a personal request, not a commercial request. I am disabled and
indigent, and my home is in foreclosure.
TIME IS OF THE ESSENCE, I need this information as soon as possible, my home is in foreclosure,
I must file an answer with the court by Friday, February 1, 2013, and I need to review this information
before filing my answer. You can send the information by email if that is faster: neilgillespie@mfi.net
If you have any questions about processing this request, please email me at neilgillespie@mfi.net or
you may telephone me at any time, although I prefer email. Thank you. Sincerely,

Neil J. Gillespie

VIA U.S. Postal Service Priority Mail

420 52244 9405 5036 9930 0355 0484 80

March 14, 2013

Consumer Financial Protection Bureau (CFPB)

P.O. Box 4503
Iowa City, IA 52244
RE: CFPB Case # 120914-000082
ADDENDUM: Disability accommodation, Americans With Disabilities Act (ADA)
42 U.S.C. 12101 et seq., and the Rehabilitation Act of 1973, 29 U.S.C. 701 et. seq.
To Whom It May Concern:
This is an addendum to a request for disability accommodation I mailed earlier today.
Enclosed is a copy of my email sent December 25, 2012 at 12:40 PM to the CFPB requesting
disability accommodation under the Americans With Disabilities Act (ADA) 42 U.S.C. 12101
et seq., and the Rehabilitation Act of 1973, 29 U.S.C. 701 et. seq.
Due to mental impairment I inadvertently neglected to include this email in my initial request,
even though I said so in my opening sentence. I regret any inconvenience this may have caused.
Please contact me if you need additional information. Thank you for your consideration.
Sincerely,

Neil J. Gillespie
8092 SW 115th Loop
Ocala, Florida 34481
Telephone: (352) 854-7807
Email: neilgillespie@mfi.net
Enclosure

Page 1 of 1

Neil Gillespie
From:
To:
Sent:
Subject:

"Neil Gillespie" <neilgillespie@mfi.net>

<info@consumerfinance.gov>
Tuesday, December 25, 2012 12:40 PM
disability request under the Americans With Disabilities Act (ADA) 42 U.S.C. 12101 et seq., and
the Rehabilitation Act of 1973, 29 U.S.C. 701 et. seq.

Consumer Financial Protection Bureau Case # 120914-000082

The Consumer Financial Protection Bureau "case status page" is too confusing for me to
understand. I am disabled and need assistance to understand the case status page. This is a
disability request under the Americans With Disabilities Act (ADA) 42 U.S.C. 12101 et seq.,
and the Rehabilitation Act of 1973, 29 U.S.C. 701 et. seq.
For one thing, the "case status page" does not show any date of response under "Response
disputed" and "Bank of America said: Explanation of closure".
How the heck can a consumer follow the status without dates on the responses?
There are two responses from Bank of America on the case status page with no dates shown.
How the heck am I supposed to know the "status" of this complaint without dates?
Furthermore, Bank of America in each response stated "Laws that govern customer privacy
prevent us from providing you with details about any relationship we may have with any
customer without first obtaining the written consent of such customer. Since our records indicate
that no written authorization has been received to date from the person on whose behalf you are
inquiring, we are unable to discuss any information with you at this time."
My mother who made this loan is DEAD! Dead people cannot provide written authorization.
I am also a borrower on this loan, read the loan documents. I SIGNED THIS GOD DAMM
LOAN TOO! I AM A BORROWER. MY BORTHER MARK GILLESPIE ALSO SIGNED
THIS LOAN. WE HAVE A RIGHT TO COMMUNICATE WITH BANK OF AMERICA
ABOUT THIS LOAN WE SIGNED. WE ARE BORROWERS!
FURTHERMORE, I provided Bank of America a copy of my mothers will showing me and my
brother as personal representative or executor. There are no "letters of testamentary" because
their is no money in the estate necessitating probate.
I want a response to the disability request, and further dispute.
Neil Gillespie
8902 SW 115th Loop
Ocala, FL 34481

3/13/2013