Should the People of Florida Be Afraid of Rick Scott?
I can’t even begin to give you a detailed breakdown of the alleged Medicare fraud that occurred during the time gubernatorial candidate, Rick Scott, served as CEO of Columbia/HCA. But, what I do know is that, as voters, we should always be wary when we hear the words “fraud” and ‘”federal funds” in relation to someone who is running for governor of one of the most powerful states in the US. Even more, in a state that relies heavily on federal funds, shouldn’t voters be more concerned about the circumstances behind the fraud instead of so readily accepting a well-scripted, highly paid for apology in a commercial? Every politician claims they won’t conduct business as usual. However, isn’t this exactly what they do when they ask you to overlook something that you need to be concerned about? I would love to interview Rick Scott about this on my show “IN THE KNOW with Tony Reeves” because the people in the state of Florida deserve to hear a better explanation from him.
I’d love to have Charlie Crist on as well. As Attorney General, Crist did a great job of ensuring that the people of Florida would not be taken advantage of after being slammed with multiple hurricanes. Needless to say, his constant visibility served as an awesome transition to the Governor’s mansion. Now, Attorney General Bill McCollum appears to be using this same formula. The question is: Is it working? When the health care reform bill was passed, McCollum joined a handful of other states to challenge the bill and President Obama. My first question was: Is it really the best use of Florida’s resources to fight a bill that is in its infancy? Aren’t there other things that our Top Cop can be fighting?
But Crist and McCollum are not alone. Politicians often run for their next job while still serving in the post to which they’ve been elected. Still, shouldn’t we be concerned by that? Barely halfway through his term, Governor Crist is trying to become Senator Crist. Shouldn’t he be more focused on running the state than running for office? I would love to ask both McCollum and Governor Crist how they balance their roles as public servant and political candidate so my listeners could really be IN THE KNOW.
How Much More Can the Gulf of Mexico Take?
For me, a Social Security Disability attorney practicing in Florida, hurricanes take on a different level of significance. From a personal standpoint, like everyone else, I have to be ready to move on a dime. When a hurricane comes through, I’m forced to keep a full tank of gas, extra batteries, and a portable radio at my disposal. But from a professional standpoint, I have to be prepared to account for a major disruption in my business practices.
I didn’t truly appreciate these standpoints until 2005, when Hurricane Katrina hit. For Florida, Hurricane Katrina didn’t cause a lot of damage. However, we all know how devastating the storm was to Alabama, Mississippi and Texas. What I didn’t expect was the long-term and far-reaching impact. Shortly after the storm passed, we saw a large migration of people from Louisiana to states like Texas, Arkansas, Georgia and Florida. I found myself representing quite a few Katrina survivors.
I didn’t think representing these survivors would be difficult. I had been practicing about 4 years at the time and I had pretty much seen it all. Orso I thought. As I prepared my clients’ cases, I made the customary request for copies of their medical records, which, of course is necessary to prove they were disabled. Unfortunately, I couldn’t get them.
I was experiencing a whole new level of difficulties. I can still remember some of the stories. One medical center floated away. Another medical facility was completely destroyed. One place had half the records for all of their patients but they had to do a thorough inventory to see what they did and did not have. And let’s not forget about the Social Security Administration. Some of the offices were completely destroyed so in some instances, they didn’t have the files for my clients. As a result, we literally were reconstructing files with little or no information of their claims. Social Security representatives from Texas were coming in to the area to assist with the process.
I was mind blown. It’s one thing to have to go through a difficult process with very little money, very few resources, and very little support. Imagine what it is like to go through that process and have no way to prove that you are disabled.
So, with hurricane season upon us and BP trying to clean up this mess, I truly wonder if people realize how crucial things can get along the Gulf Coast.
In the last 5 years, the Gulf Coast has been hammered! Hurricane Charley, 2004 – Category 4, total US damage $15 billion dollars in cost (2nd costliest hurricane in US History)
Hurricane Frances, 2004 – Category 2, damage $8.9 billion, over 90% of which occurred in Florida.
Hurricane Ivan, 2004 – Category 1, U.S. damage is estimated to be near $14.2 billion, the third largest total on record.
Hurricane Dennis, 2005 – Category 3, caused considerable damage across central and eastern Cuba as well as the western Florida Panhandle, including widespread utility and communications outages.
Hurricane Katrina, 2005 – Category 5, one of the most devastating hurricanes in the history of the United States. It produced catastrophic damage – estimated at $75 billion in the New Orleans area and along the Mississippi coast, and is the costliest U. S. hurricane on record.
Hurricane Rita, 2005 – Category 5, devastating storm surge, flooding and wind damage in southwestern Louisiana and extreme southeastern Texas, with some surge damage occurring in the Florida Keys. Rita was responsible for seven deaths, and it caused damage estimated at $10 billion in the United States.
Hurricane Ike, 2008 – Category 2, storm surge devastated the Bolivar Peninsula of Texas, and surge, winds, and flooding from heavy rains caused widespread damage in other portions of southeastern Texas, western Louisiana, and Arkansas. Twenty people were killed in these areas, with 34 others still missing. Property damage from Ike as a hurricane is estimated at $19.3 billion.
The Gulf Coast region is only recently recovering from the massive blows that were felt from Hurricane Katrina. And now we have the BP disaster. This disaster is not like a hurricane that blows through and is gone. We know about a hurricane several days in advance and once it hits, you assess the damage and get to work. This disaster does not result in flooding, which will eventually subside. We are talking about a hole in the earth that is releasing massive amounts of oil daily! With each day, significant amounts of damage are occurring. And we’re not talking about one day or even a week. We’re talking now about more than 60 days of continuous bombardment of our eco system. We are talking about more than 60 days of a devastating toll on the socio-economic infrastructure of potentially 4 states. Maybe more.
What’s even worse now is that we are at the beginning of urricane season and, if any storm develops, all activities must stop until the storm passes. Heaven help us if a storm actually develops in the region.
Right now, law firms are gearing up to handle law suits against BP. However, these suits could take years. I can still remember all of the unique tactics I had to use to prove people were disabled when all evidence of their disability had been completely wiped out. The people are the ones who will take this blow the hardest.
I know the US has spent a lot of time on the BP crisis but after watching countless times as the people along the Gulf Coast try to rebuild their lives after each disaster, you have to ask the question: How much more can the people along the Gulf of Mexico take??
Shut up and let him fix the problem!
Ok, this post may be starting off a little more aggressive than I should but I am really HOT! In my time as a Social Security Attorney, I can’t tell you how many times I’ve had to remind my clients that I am not the problem. I have to remind them that YOU hired ME!. I am here for you and my success is contingent upon getting you a successful outcome. It gets even more frustrating when I have clients who don’t understand that their cases have significant problems and it’s my job to fix those problems. Now, don’t get me wrong. People who apply for Social Security Disability benefits are usually in a very tough position. They aren’t able to work. They are relying on a system that will compensate- hopefully – sometime in the future. They’re working with an agency that’s slow. The paperwork is tricky. Their bills aren’t getting paid. So in the end, they take their frustrations out on the one person who is there to help them: me, their representative.
I feel your pain. However, I need you to remember three little points. One, I didn’t create this problem so please don’t treat me like I did. Two, the only way I succeed is if I fix this problem so I don’t benefit from making it worse. Finally, I’m here to fix this problem so please, stay the hell out of my way, and give me a chance to fix it.
Unfortunately, the last point is not always that easy for people who are in pain. They want someone to fix the problem and they want someone to fix it right NOW. The simple fact is, “it is NOT that simple”.
Now, President Obama is trying to take care of this Gulf oil disaster. Unfortunately, we have all of these ‘Monday Morning quarterbacks’ screaming about what THEY would have done differently, or what President Obama should have done. But that’s not helpful to anyone except the talking heads and their publicity hounds. And it causes politics to get in the way of real results. Now, the President and his staff have to spend time worrying about he appears to be responding. The simple fact is that this is a disaster unlike any other we’ve seen before. As it is, he was able to get a commitment of $20 billion from BP. Even as people complain that he didn’t detail how he was going to fix the crisis in his address the other night. In 15 minutes? Really? His critics don’t seem to care about clean fuel or energy conservation efforts (uh, he was basically saying that this can happen again if we don’t change RIGHT NOW). Understandably, those suffering in the Gulf want their money right now and they want this mess cleaned up now.
But has no one given thought to the fact that the $20 billion BP is paying could have easily come from the budget of the American People??? But when given the time to work it out, he got BP to do what they need to do, saving us taxpayers a little money. But it took time. Damned if you do. Damned, if you don’t.
I can tell you that several years ago when I was a Naval Lieutenant, Junior Grade, I was asked to initiate the Hurricane contingency plan for Naval Hospital Camp Lejeune as part of my Office of the Day duties. Now, let me tell you, I looked like a ‘deer in headlights’ when I had that manual in front of me and I did the best I could to figure out what to do. A lot of people weren’t happy when they were called in for emergency duty. And I thought to myself, “Hey, I didn’t tell the hurricane to come here. I’m only here to address the problem.” No one cared about that fact. They were only interested in how this inconvenienced their lives. Again, Damned if you do. Damned if you don’t!
At the end of the day, it doesn’t matter if it’s a claim for disability benefits, disaster preparedness, or an oil spill. All of these things are problems. And all problems can be fixed. Just remember that when you have someone who is dedicated to fixing the problems, SHUT UP and let them fix it!
Same Sex and Social Security: The Federal Court Battle Begins Today
Several months ago, I had the opportunity to represent a couple in their claims for Social Security Disability benefits. My heart went out to them because they both had significant health problems and they needed as much help as they could get. Whenever I had a chance to talk to them as a couple, they made me laugh. With their cursing, arguing, and eventual flirting, it was clear to me that the two of them were very much in love. They were dedicated to supporting each other and they were very aggressive and passionate about making sure no one took advantage of the other person.
I am happy to say that both of them won their disability claims and I sincerely hope that their quality of life improves. However, as I talked to them, I wondered one thing. What happens to their benefits if one of them dies? The reason I ask is that they are a same sex couple. Under federal regulations, a surviving spouse may be eligible to receive the deceased spouse’s disability benefits, but this may not be true for same sex couples.
To decide your relationship as the insured’s widow or widower, the Social Security Administration looks to the laws of the State where the insured had a permanent home when he or she died. So, in essence, if your state doesn’t recognize same sex marriage, neither will the federal government when it comes to Social Security benefits.
Up to now, the issue of the constitutionality of gay marriages has been a ‘state court fight’. However, a federal judge in San Francisco will hear closing arguments today (Wednesday, June 16, 2010) in the first federal trial to consider the constitutionality of a gay marriage ban. The judge is expected to rule on whether California’s gay marriage ban, Proposition 8, approved by voters in November of 2008, violates the U.S. Constitution. The decision in this case probably will not not be the final one and we can expect it to go all the way to the United States Supreme Court.
Which brings me back to the couple I represented. I wonder how this case affects them. No, they are not married, and, no, I haven’t heard them speak at all about survivor’s benefits. They are a ‘happy go lucky’ couple just getting on each other’s nerves like every other couple. But they are not like every other couple. They happen to be gay. Still, they are committed to taking care of the other person’s needs. They pay taxes. They are American citizens. So why is a program dedicated for the benefit of the American people not available to all of the American people? How is a state permitted to decide just who is entitled to federal benefits designed to provide benefits to survivors of loved ones?
I don’t know but we may be getting close to a resolution on this one.
Hurry up and wait: Social Security, federal funds, the Gulf of Mexico and the American people’s money
My heart really goes out to anyone who has to apply for Social Security disability benefits. It’s a long process and it’s a tedious process. However, it does have one thing in its favor: It IS a process. It stinks. It’s difficult. It’s frustrating. But it IS a process. And we have that process because, at the end, of the day, you’re dealing with federal funds. When you’re talking about federal funds, you’re talking about the American people’s money. And let me tell you, people don’t care about other people’s money. They care about their own. And in some instances, they care about yours if they can get it. So, we have a process to make sure it doesn’t get abused, misused, mishandled, and / or misappropriated. Unfortunately, no one wants to hear that when they need it. However, this is a time when we need a process.
How many of you remember Hurricane Katrina and that whole fiasco with the debit cards that were sent out? A lot of struggling people didn’t get the benefit of the monies the federal government wanted them to get. WHY? One, they wanted the money RIGHT NOW! Two, in its effort to get the money to them right now, the federal government gave some people money they didn’t deserve.
Now, what does that mean for this latest disaster in the Gulf? Again, we are faced with a situation where the American people want their money RIGHT NOW!! But it’s clear that the government has a process. Look at it like this: let’s say that you were in an auto accident and it was the other driver’s fault. That driver has insurance and your car has over $5000 in damage. Who do you want to pay for it? That’s right! The other driver’s insurance. Well, let’s assume that in your haste, you tell YOUR insurance company to pay for it because the other driver’s insurance is not as good as yours. Ok, now you get what you want. Unfortunately, your premiums go up. The accident counts against your insurance. Finally, your insurance company informs you that, if you get into another accident, you will be dropped from your policy. NOW, you’re mad. But why? Had you slowed down a minute and let the OTHER driver’s insurance handle it, you wouldn’t be in this position.
Now, I’m not trying to make light of the peril and hard times of those in the Gulf. I’ve spent my entire legal career working with people who have to deal with the federal government in an attempt to receive their funds through a lengthy process. My point is this, BP caused this car accident. They have the insurance. Remember, the ENTIRE COUNTRY has to foot the bill for any money that comes out of OUR pocket to address this situation. A situation that was caused BY BP!!!! Let their insurance coverage address it and you just wait for the rental car.
