A reflection on Tragedy: Hurricane Katrina and Social Security Disability
With the devastation surrounding the earthquakes in Haiti, Chile, and now Taiwan, these disasters started to remind me of the devastation that occurred in New Orleans as a result of Hurricane Katrina.
I don’t think some people truly appreciate how certain services can be fundamentally SHUT down when hit with a natural disaster. Of course, we know that power, lights, water, police services, bus services, blah, blah, blah, will shut down. But you don’t really appreciate how devastating a situation can be until you see spill outside of those communities into your own.
When Katrina occurred, there were ALOT of Louisianans who migrated to Florida. I had the opportunity to represent a few of those individuals. Now, I know you’ve heard me scream a THOUSAND times about how YOU bare the responsibility of proving that you are disabled. I have stressed that you need to get your medical records and YOU have to demonstrate that you are disabled through medical evidence.
Well, how would you feel if you couldn’t prove it because ALL of your medical records were destroyed? I am mean, that’s what I was faced with when I was representing some of the survivors. I ran into all kinds of problems. I had some places where the buildings were destroyed. Some places, they would not release ANYTHING until they could a detail inventory. It was crazy. I mean if you have a condition like the young lady named Prudence who won an Oscar yesterday (Prudence Mabhena is 21 yr old and she is from Zimbabwe. She is suffering from arthrogryposis, a condition that deforms joints and cost her both her legs. ), your condition may be self evident. But imagine trying to prove you’re disabled due a bad back and you don’t have your MRIs or diabetes and all of your lab work is gone.
But wait. What if you couldn’t prove who you are?? I had a few people who had their drivers license and SS card but sometimes, SSA requires your birth certificate. Well, that building was GONE!!
Now, I gotta take the time to give a shout out to the Social Security Administration. Their offices were obliterated and their workers were literally providing services in other states. I mean, they were working at other offices and STILL processing claims. It was crazy.
Part of the reason I’m reflecting on this situation is because we have literally seen 3 major disasters occur in the last few weeks. It is so easy to underestimate how much pressure it puts on a country to have to rush and provide stability to an environment when these things happen. Sometimes, the effects can have a much longer consequence than we give credit.
Be thankful.
PLEASE don’t act a fool at a Social Security Consultative Evaluation
Now, I know that sounds so simple. In your mind, you’re probably thinking “What does that have to do with anything?”. Well, as silly as it may sound, you may be completely surprised by the amount of people who truly “lose their mind” when it comes to these evaluations.
Usually, at some point of the social security process, the government is going to ask you to attend a consultative evaluation. These evaluations are usually with a physical or a mental doctor who will evaluate your situation and prepare a report which will be used as evidence in your disability case.
It’s amazing the amount of times that I’ve had to give this speech but I think it’s time that I share some things to any of you who find yourself being scheduled for a consultative evaluation:
1) If you don’t go, they use the fact that you didn’t go to deny you AND that information goes in your file.
Most people don’t realize that COMPLIANCE with going to appointment that SSA sets up for you and PAYS FOR is considered when evaluating your case. So don’t think that just because you decide to NOT show up that it won’t affect your case. Trust me. It will.
2) Don’t go thinking they are going to TREAT you like you are their patient.
Read my lips, “THEY ARE NOT YOUR DOCTOR!”. So many times, people think that these doctors are there to treat them like their own doctors. Don’t get me wrong. In some cases, you may establish a relationship with the doctor that might evolve into a doctor - patient relationship. Just remember, you are there to see them ONE time so don’t expect too much.
3) They are only focusing on what YOU said was wrong so don’t go in there ADDING a bunch of stuff you never said before.
Remember all of those posts that I wrote about being consistent on your forms? Well, be CONSISTENT in what you say to the doctors as well. These evaluations are not your time to start giving a laundry list of things that you have NEVER brought up before.
4) Get ready because the appointment will probably be short.
It’s amazing because people get really upset when they find themselves IN and OUT of an evaluation in 15 minutes. I always tell me to not expect too much when you go to these appointments.
5) You may only get one shot so BE on time, BE honest, and DON’T BE a jerk
Let me tell you RIGHT now, if you go in there and act a FOOL, they will tell you to leave and it WILL go in your file. If you lie, it WILL go in your file. If you’re rude, it WILL go in your file. So just remember that this is part of the process and roll with it.
6) Don’t be slick because if they SEE IT they will write it.
I once had a client who alleged that he had a back problem that required a cane and the moment he walked out of the appointment, he put the cane under his arm and walked to the car. Now, what do YOU think happened when the medical personnel from the doctor’s office saw him walking?
7) You don’t know what they are going to write so don’t think what they will tell you will be in the report.
On so many occasions, I have to remind people that they can’t rely SOLELY on what the doctor says. Just because they tell you that they think you should get disability, doesn’t mean that they will write it in the file.
Whatever happens there will be a part of the record.
If you are nasty, if you change your story, if they think you’re faking, if you showed up late, you NAME it, they will put it in the report.
I know it’s hard but I have to constantly remind people that YOU have the burden to approve your case. Don’t think that SSA is trying to help you with anything. It’s on YOU!
Never understand what is happening in the mind: Mental Health conditions and Social Security Disability
Mental Health conditions are some of the most devastating conditions that can afflict a human beings. Most of the time when we hear about them, they usually are in relations to two circumstances:
1) Somebody popular
Chynna Phillips of the pop group Wilson Phillips checked herself into rehab for anxiety over the weekend, her manager, Lizzie Grubman, tells PEOPLE exclusively.
2) Something traumatic
Thursday, Joseph Andrew Stack flew a small airplane intentionally into an IRS building. The IRS had 199 people who worked there. Joe Stack set his house on fire, left what is being considered a suicide note, and then flew his Piper Cherokee PA-28 into the Austin, Texas IRS building.
The brain is always going to be considered a mysterious organ. Of all parts of the body, this part is the one that continues to baffle the medical community. So it should come to know surprise that it can be difficult to ascertain the severity of a mental health conditions.
The mental health community relies heavily on a variety of different diagnostic testing, personal history, and mental status examinations to try to get a picture of how severe the mental health condition may be. It’s tough but the information these providers obtain is valuable and necessary if you are attempting to obtain medical benefits.
Regularly, I get asked by my clients what types of things does Social Security look for when trying to determine the severity of the medical condition. Here’s a few things you should consider:
1) The type of doctor tells alot.
I hate to tell you but SSA tends to give a bit more deference to a Psychiatrist or a Psychologist who is treating your mental health condition. There is nothing wrong with your family doctor but a specialist (Psychiatrist or a psychologist) tends to get greater favor. Now, before you ask, there is nothing wrong with going to a Mental Health counselor. However, it is helpful if the counselor is working with you in conjunction with a psychiatrist as part of a mental health plan.
2) The type of medicine you take says alot
Some medications give a clear indication of the significance of your mental health condition. There’s nothing wrong with Paxil or Zoloft. However, Risperdal and Geodon gives an indication of a much more serious mental health condition.
3) The BIG 4 things you need to know (Concentration, Memory, Crowds, Stress)
These are normal questions that are asked that you should give some thought to HOW you are going to respond. How is your concentration? Do you forget things? If you do, what do you do if you need to remember things? How are you around crowds? How many people is TOO many people?
4) Other THINGS MATTER
You have to remember that how you function in your day to day life matters. If you say that you can’t be around more than one person att a time but you go to church every other day (where you would expect to be MORE than one person), your response may be viewed as suspect.
5) Involuntary Admission
In Florida, the term “BAKER ACT” refers to an Act that permits for the involuntary admission of an individual into immediate psychiatric care for a short period of time. Every state calls it by a different name but this usually refers to a situation where a person expresses an intent to harm him or herself or someone else. These admissions may indicate the presence of something more severe.
6) STAY AWAY from the DRUGS (ILLEGAL DRUGS)
Let me blunt. Mental Health and Illegal drugs don’t mix. And when you’re applying for disability, you force SSA to try and figure out WHAT came first (the drugs or your mental health condition) and more important, do you get better if you’re NOT using drugs.
Like I said in the beginning, mental health disorders are tough and millions of people affected by these disorders are able to live productive and functioning lives. However, it’s important to realize that if you’re alleging that you are disabled due to your condition, you must understand that the few things I mentioned above may have a lasting impact on your ability to obtain disability benefits.
The hardest part about proving you’re disabled is relying on the medical treatment you are STUCK with
Today, a report was issued regarding the healthiest counties out 3000 counties nationwide.
Overall, the report found least healthy counties have childhood poverty rates more than three times higher than the healthiest counties. Residents of the least healthy counties are 60 percent more likely to be hospitalized for preventable conditions, a sign of poor primary care. A third of zip codes in the least healthy counties have at least one grocery store, compared to almost half of zip codes in the healthiest counties.
http://www.countyhealthrankings.org/
Of course, this information is probably not going to be broadcast on twitter, facebook or myspace. And with the winter olympics and the BACHELOR going on, few will truly appreciate the impact of this report.
What does this report tell you? Quite simply, as stated in one article, “Looking at each state’s best and worst further illuminates a well-known trend: The least healthy counties tend to be poor and rural, and the healthiest ones tend to be urban or suburban and upper-income. ” http://www.chicagotribune.com/health/chi-ap-us-med-countyhealth,0,2482605.story
Unfortunately, this doesn’t help the millions of people who are applying for Social Security Disability benefits. Why am I stressing this point? Quite simply this. The person bears the burden of proving they are disabled. The government doesn’t have to prove a thing. However, this presents a unique situation when you are sick, you aren’t working and you ‘DON’T HAVE INSURANCE’. So what do you do when you have those things striking against you? Well, you can either go to the free clinic, go to the Emergency Room, or get on the county health insurance.
Here’s how it gets tricky but you gotta try:
1) Ask about free clinics
You gotta ask your health care provider, the ER, social worker, county services, or non profits about free medical clinics. I always tell people that free medical treatment is better than NO medical treatment.
2) Find out if you qualify for county health insurance
Every county is different so you want to check to see if you qualify for any type of medical insurance that the county may offer. You don’t know unless you try. AND, if it’s available in your county but you haven’t tried to get it, it may count against you.
3) if you have a “SHARE OF COST”, make sure you understand what it means
A ‘SHARE OF COST’ basically means that you are responsible for a certain amount and anything above that, the government will pay. However, it gets funky because some people don’t understand how that works so you want to make sure you get a complete explanation so you can get treatment.
4) Go to the ER if your condition gets worse.
The Emergency Rooms are flooded every day. Unfortunately for some people, the only primary treatment they can get IS the ER. Don’t be afraid to go to the ER. At least you can get something if you HAVE to get treated.
5) Make SURE you tell SSA that you’ve done ALL of these things
I can’t tell you how many times I’ve had people who literally didn’t do anything. They didn’t go to the county. They didn’t go to the ER. They didn’t go to the free health clinic. AND YET THEY STILL say they can’t get any medical treatment. You gotta try in order to show SSA you made the effort.
I know that is difficult but you have to make the best of what you have available because in the long run, only YOU can prove that you are disabled.
Cancer and Social Security Disability benefits: Not as easy as you think
Today, I was going through my normal surfing like most people do and realized that Bo Griffin, former TV Host of HGTV’s “The Big Reveal” passed away due to Cancer. She was experiencing pain in her back and was unaware that she had cancer. Unfortunately, her bought with cancer was fairly short as she died with a few weeks of its discovery. She was diagnosed with intestinal cancer. The news of her death spread fairly quickly (thanks to the advent of social media, twitter, and you tube).
However, upon hearing of her death, I instantly thought about Roger Ebert, noted movie critic, and his widely publicized bought with Thyroid Cancer. He was successful in his fight but it left him with the inability to speak.
The thing that really resonated to me was the distinctive difference between the two types of cancer. In Ms. Griffin’s case, she had no knowledge of the cancer and it overwhelmed her quickly. In Mr. Ebert’s case, a radical procedure saved his life yet the possibility of it returning still remains.
I’ve represented a number of people who have had different types of cancers over the years and I have found that each one presents a unique set of circumstances as they relate to Social Security Disability benefits:
1) Suspected Cancer versus Cancer
The word “Cancer” is a terrifying word. Like HIV and AIDS, there is no known cure for cancer. As such, you can use chemo, surgery and radiation but you may not totally keep it from reoccurring. For purposes of Social Security, it’s important to know the difference between being diagnosed with Cancer and being ’suspected’ of having cancer. Usually ’suspected’ comes into play when the doctor has a reason to believe that some type of nodule or growth or something that has alerted them to the possibility of cancer. However, for Social Security purposes, this doesn’t not guarantee the receipt of disability benefits.
2) No two cancers are the same
Under the Social Security regulations, individuals may be found disabled if they meet the criteria for certain medical impairments that are listed in the regulations (The listings). Most people don’t realize that Social Security maintains several listings of different types of cancers. As such, just merely being diagnosed with cancer by itself doesn’t guarantee an immediate favorable result.
3) Remission sometimes means Recovered
Cancer is a devastating condition. The treatment that people have to go through in order to combat cancer can be painful and traumatic. However, most people don’t realize that it is not uncommon for people who have gone through the treatment to go back to their normal lives. As such, Social Security can be tough on some cases where the person has completed the treatment and their doctor has given them a clean bill of health.
4) Remission and BEYOND: How are you doing now?
Most people have to follow an aggressive follow up routine to make sure that the cancer doesn’t come back. Some people come out of the treatment with no problems or any residual problems. The key is ‘how are you doing now’? Most people don’t understand that Social Security wants to know if you are still having problems and MORE IMPORTANTLY, does your doctor know that you are still having problems?
5) Cancer and the TERI case
TERI stands for Terminally Ill. These cases are usually expedited because the person has a high likelihood of dying in a short period of time. I had the opportunity to represent my client’s mother when her cancer returned. Due to the aggressive nature of the cancer, she received disability benefits in less than a month. Unfortunately (god rest her soul), she passed a few months later.
I’ve had a few cases where I’ve literally watched someone deteriorate before my very eyes and so I take Cancer very seriously when clients complain that they believe they are disabled due to cancer. The word, by itself, doesn’t guarantee a result. Keep in mind that even though cancer is devastating, you must realize that you may need to provide SSA more in order to demonstrate that cancer is disabling to you.
Why employee manuals are so important
How many of you remember getting hired and being given some 10 to 100 page manual that you are suppose to read and then sign indicating that you understand what you read????
A lot of you should have raised your hands. I can confidently say that one of the single most boring activities has to be the reading employee manuals. Most of us when we start our jobs are so happy to be working that we barely even skim the pages and go RIGHT to the page where it says sign. In some cases, we don’t even know where the employee manual is after we signed it.
Unfortunately, in too many instances, when something crazy jumps off at our work place, the best tool for identifying your rights is that employee manual.
Now, that may do nothing for you if you are in a tough situation but here are a few things you should think about:
1) When you get hired
Read! Read! Read! I know it’s boring and I know you feel it’s a waste of your time but TAKE the opportunity to read the employee manual. This way, you are up to speed on what you are entitled and your job rights.
2) What should you be looking for?
You definitely want to focus on any grievance procedure and disciplinary protocol. You want to know what you need to do if you are contesting your discipline or what the grounds are for disciplining you.
3) What if they don’t have one?
Some employers may not have an employee handbook or policy manual. In some states, they may not be required to have one so don’t be surprised if they don’t.
4) While you’re working
Ask your employer if they have periodically updated the employee manual. If they don’t have one, ask if they intend produce one. More importantly, if you receive updates from your employer regarding Human Resource policies and procedures, READ! READ! READ!
5) When something goes bad
Here’s where most people are interested. And this situation can sometimes be delicate. If you are unsure about your rights, don’t be afraid to ask to review the employee manual. If you are still tentative about going to your supervisor, go speak to Human Resources and ask for a copy (Or at least a review).
The employee manual (if your employer has one) is a valuable tool that can be your best friend and ally in situations involving your employment. Don’t be school to check to see if your rights are violated. If you don’t, no one else will.
The initial speech when you come in for representation
“Allow me the opportunity to explain a few things to you about the process and what you can expect………”
I can’t tell how many times I’ve had to give this type of speech. It’s a crucial speech and it’s one that every person who is hiring an attorney should and probably will hear. It’s not meant to blow you off or talk above your head. The speech is designed to educate you about somethings so you can be fully informed.
How does this speech go?? It’s usually something like this (and they are all done a little different depending on the attorney or type of case):
1) The Process
What the Lawyers say -”The process you’re going to go through is a difficult process and may take a while but you must be patient because some steps are necessary.”
What the Lawyers mean - You have to be patient because there are certain things and steps that HAVE to happen in order to get a favorable outcome. Even though you’ve hired an attorney, this doesn’t mean that you are going to get the outcome you are looking for immediately.
2) Representation
What the Lawyers say - “It’s important to keep me informed about your situation. Remember, it’s important to remember that I am representing you.”
What the Lawyers mean - The attorney is telling you that YOU are the client. Not your cousin. Not your husband. Not your wife. Not your girlfriend, boyfriend, momma, daddy, or friends. It’s, also, important for you to remember that you bear some responsibility in ensuring that you providing information to your attorney.
3) Attorney Fees
What the Lawyers say - “It’s important to understand that we obtain attorney fees in this manner. “
What the Lawyers mean - Unless the attorney tells you that they are going to do the case ‘pro bono’ (i.e. free), they expect to get paid. Attorneys do a good job at documenting the work they do so they are going to cover themselves in terms of describing the work they do.
4) Expectations of your case
What the Lawyers say - “The likelihood of success depends on the facts of your case as well as the evidence. As the case proceeds, we will evaluate the case further.”
What the Lawyers mean - Do NOT, and I repeat, DO NOT compare your case with someone else’s case. Every case is different and every outcome is different. As one attorney once told me, “I’ve seen great cases with great facts lose and bad cases with bad facts win. What does that tell me? Every case is a crap shoot”. With this being said, it’s important to remember that attorney’s typically take cases they can win so they are trying to make money when they can. However, sometimes, as the case progresses, they realize that they case can easily get worse.
5) Communicating with your attorney
What the Lawyers say - “Please feel free to contact our office anytime. Our staff is available to assist you with most questions and concerns. If you must talk to me, just my staff know.”
What the Lawyers mean - So many times people think that the only person who can tell them about their case is their attorney. As such, people are quick to bypass the paralegal or admin assistant who can provide you quick and accurate information about the status of your case. Don’t be so quick to believe that support staff can’t help you.
Attorneys constantly speak about how important a decision and it is an important decision. Attorneys recognize and appreciate how important it is for clients to be informed about the process, the case, and everything that may be deemed relevant at the BEGINNING of the process. Make sure you take the time to listen to what they have to say.
Two magical points in Social Security: 18 years old and 65 years old
One of the toughest things to explain to people regarding Social Security is helping them understand that there are two points where Social Security takes significantly different turns. One, is when you turn 18 and the other is when you turn 65 (or 66 or 67 depending on when you were born). Here’s why:
The 18th YEAR
1) Child to Adult
Under the Social Security Regulations, a person is considered an adult at the age of 18. As a result, this means that your child is no longer considered a child under Social Security standards.
2) Benefits may end right away MAYBE
Most people don’t realize that the standards for disability is different for adults than it is for children. So if your child is getting disability benefits, you shouldn’t be surprised if Social Security makes the decision to either cut off your child’s benefits or review the file to determine if the child should continue receiving benefits at 18.
3) Benefits may continue
Under some circumstances, the benefits may continue. If the child is still in high school, the benefits may continue for a brief period. In addition, if Social Security determines the child meets the criteria for a disabled adult, the benefits may be continued as well.
4) Rep Payee Stops
Depending on the condition your child, once they turn 18, Social Security may determine that the child has the ability to manage their own funds. As a result, if a Representative Payee had previously been assigned, they may discontinue the Representative Payee services.
5) Parents may lose rights
The toughest part of the process is usually for the parents who have been used to having complete access to their child’s information. However, once the child has been determined to be an adult, the access to that information may ceases..
The 65th YEAR (or 66 or 67)
1) Disability and retirement is from the same pool of money
Most people don’t realize that once the person reaches retirement age (65, 66, or 67), the money you receive for disability automatically changes to retirement. Same money, different name.
2) You can apply for Disability even if you retired early
Some people decide to retire early but it is important to remember that if you retire early, you may be eligible to receive disability. It’s important to remember that when you retire early, you typically will only receive 80% of what you would have received had you reached full retirement age. Applying for disability before you reach retirement age may give you the ability to apply for the remaining 20%.
3) No more extra money
Sometimes people who retire think that they can get extra money by applying for disability. As stated above, if your application for disability benefits is for the period of time when you are eligible for retirement benefits, you are probably not going to get anything more than you have.
4) Disability reviews stop
Most importantly, the reviews stop. As most people know, Social Security can review your benefits to determine if you are still disabled. Once you hit retirement, it stops.
It’s tough because some people don’t realize that Social Security has different cut off points during the course of the Social Security Disability process. Understanding them, may make a difference.
Let me tell you WHY you shouldn’t look for LOOP HOLES with Social Security!
I’ve seen it before. You are struggling to make ends meet with the benefits you receive from Social Security. It’s getting a little tight and the next thing you know, you come into a bulk of money. Now, it doesn’t matter where the money is coming from (whether it’s Workers Compensation, VA benefits, inheritance, lottery, or settlement), it really helps.
However, you got a little problem. You don’t know if you should tell Social Security Administration or not. So what do you do? You wonder if there is a way that you can keep the money in a way so the Social Security Administration won’t find out.
The moment you start looking for ways to be slick and keep the fact that you got money from Social Security, you run into a few things that you should know:
1) This ain’t your homeboy or homegirl off the block. This is the federal government and they don’t PLAY!
I can’t tell you how many times I tell my clients that it is almost impossible to hide things from the Social Security Administration. So many things are tide to your Social Security number that it is virtually impossible to keep things secret, especially money.
2) There is no loophole!
When it comes to money and your Social Security benefits, the law is black or white depending on what type of money you are getting from Social Security and what type of money you are getting from another source. This is why it is important to understand the type of benefits you are receiving and how getting a windfall may apply.
3) The Social Security Administration will GET their money!
If you get money and it impacts Social Security and they don’t find out until later, you will FEEL IT! They will either reduce your benefits or possibly cut them off in order to get the money back that they shouldn’t have paid you because you got a lump sum of money and don’t tell them.
4) They will keep an eye on YOU in the future!
I had a client a few years ago who had a child with SSI. When her child got benefits, Social Security required the mother to set up a dedicated account. For those of you who don’t know what a dedicated account is, it’s an account that can only be used for certain things and every dollar spent must be documented. If you don’t, you may risk losing your benefits. The mother didn’t understand why she had to have one. Well, unfortunately, she had multiple charges of bad checks and fraud and at least one situation where she failed to tell Social Security about monies she was receiving from another source. So, the account they set up was to ensure that she spent the money properly on the child. In other words, they didn’t trust her to manage her child’s money. So why would you run dirty and risk being under scrutiny by the Social Security Administration?
5) I know you want your money but play it smart.
Listen, I know that times are tight. I even understand that it is difficult to live on the money that Social Security has awarded you. However, it’s important that you play it smart. Why risk the possibility of having your benefits affected in the future?
6) Proceed at your own risk.
For the 8 years that I have practiced law, I have learned at least ONE universal truth. Despite all of the advice, information, and warnings that I provide, people will do what the HELL they want to do. As an attorney, I don’t focus on the short term. I look at the long term and invariably, people are going to do what they think will fix their situation NOW as opposed to dealing with something BIGGER later.
Listen, I understand how tough it is and it’s a pain when you find yourself in a position of getting a big sum of money that NOW, you have to figure out a way to keep the money and not lose your benefits. Well, don’t make your situation worse by trying to find a slick way around not telling Social Security about your money. In the end, you could make matters worse than better.
I hate to tell you but some people don’t WANT the health care system to change!
Here’s a question for you that I want you to think about:
“If you and everyone in your house hold got sick AND nobody in the house could work AND NO ONE had savings AND NO ONE had Long Term or Short Term Disability plan AND NO ONE could afford COBRA payments, HOW are you going to pay for your health insurance????”
It’s amazing because as the debate about health care rages on, I am CONSTANTLY amazed by the amount of people who are dwelling on the fact that THEY don’t want to pay for health care for the millions of illegal immigrants or all those people who are lazy and don’t wanna work or all of those welfare people.
HELLLLLLO? What world are YOU living in? Do you not know that YOU are just one stone throw away from the unemployment office? Do you not know that one SLIP and FALL in your house OR one trip on your drive way and BOOM, life as you know it can change?
Stop focusing on all of THOSE people who don’t have insurance and WHO they are because the reality, VERY QUICKLY, you could be THOSE people!
Here’s where I have some problems and I think they are worth mentioning:
Why are you stressing? ANY PROGRAM is going to cost money!
How come EVERY new program that is of significance is HIGHLIGHTED by its cost? No one complained and raised an eye brow when BILLIONS of dollars were poured into Iraq (and NOT just for our troops). We financed contractors to go over there to help rebuild their country. We financed our troops to help make sure the country remained stable. No one blinked an eye. However, the MOMENT you talk about ensuring that the American people have benefits so we ALL have a safety net, here COMES the money argument. My problem is that ANY (and I repeat ANY program) passed by Congress is going to cost money so why are you stressing me over this cost. Taxes may not go up for this but it will go up for that so why are are we tripping??
What the HELL is the RIGHT WAY to reform Health Care?
I want you to notice some unique facts about the late Senator Ted Kennedy
- 1966
- Senator Kennedy passed legislation creating the national community health center program. He joined a health center in Columbia Point in Dorchester, Massachusetts, with a center in Mound Bayou, Mississippi as the start of a national program that now includes more that 1200 health centers nationally serving more than 20 million low income patients.
- 1969
- Senator Kennedy gives his first speech calling for national health insurance for all Americans. His amendment creating a minimum tax — the so-called “Alternative Minimum Tax” — becomes law, setting a limit on the amount of taxation for middle-income Americans.
1971
- Senator Kennedy becomes Chairman of the Senate Health Subcommittee. He held a series of field hearings around the country on national health insurance, and is a leader in passing the National Cancer Act to expand research on all aspects of cancer.
- 2009
- Senator Kennedy’s Health Committee was also the first committee in Congress to pass comprehensive health reform legislation called for by President Obama — the Affordable Health Choices Act that will reduce health costs, protect individuals’ choice in doctors and plans, and assure quality and affordable health care for all Americans.
First, for those of you who are thinking that I’m digging up these stats from la la land, go visit http://kennedy.senate.gov/senator/timeline.cfm. This website is the Senator’s government website and review the information. Now, I want you to notice something here and NO, it’s not that I am saying ‘HIP HOP HOORAY’ for Senator Ted Kennedy. Senator Kennedy introduced the concept of a National Health Center in 1966 and National Health Insurance (which we are trying to do now) in 1969. Recognize that fact! For over FORTY YEARS, we have been trying to get health care. Since 1969, we wasted Money in a lengthy expensive conflict (Vietnam), we went through Water gate, and we have spent countless funds in combat operations in IRAQ (TWICE!!). We can spend money on all of these things and we can’t introduce an option for healthcare??? What’s even MORE surprising was that in 2009, TWO THOUSAND AND NINE, Senator Kennedy’s committee was the FIRST to pass comprehensive legislation. Are you kidding me? He’s been talking about health care for 40 years and we only get legislation now? What’s even more amazing is that every time I look up I see ads or Senators or Congressmen talking about “Let’s reform health care the RIGHT WAY” but NO ONE is offering any suggestions for WHAT the RIGHT WAY is! They want to talk but NOT put pen to paper!
If not OBAMA, then who???
It’s amazing but I did a little background check about how other Presidents have tackled the health care initiative. I was surprised by what I found.
President Lyndon B. Johnson
The Social Security Act of 1965, which created Medicare and Medicaid, was part of Presidents Lyndon Johnson’s “Great Society” vision for the country.. This plan provided health care for the elderly and individuals with special medical needs. Even with this broad base of support, there was still a great deal of concern among more conservative elements of society, who saw this move towards increased government involvement in health care for the citizenry as a dangerous step down the road to a socialist dictatorship.
President Richard Nixon
Nixon, for his part, was stalwart in his belief that a national health insurance plan was vital to the country’s future. He stated in his 1974 State of the Union Address that “The time is at hand this year to bring comprehensive, high quality health care within the reach of every American.” Nixon’s own past experience with poverty and family illness made this a personal issue for the President. Yet Nixon’s call for an employer mandate to provide health insurance as part of his planned universal health care coverage for all citizens was seen as inadequate by many democrats in congress. The plan was also opposed by powerful unions such as the AFL-CIO and the United Autoworkers, who lobbied hard to defeat the legislation.
President Jimmy Carter
In retrospect, after his tenure in the White House in the late 1970’s, President Jimmy Carter said that, although he was a proponent of universal health insurance, the country’s economic difficulties at the time made health care reform politically unfeasible.
President Bill Clinton
The Clinton plan also supported universal health insurance through the enforcement of individual and employer mandates. The government would control the competition between private insurance companies The Health Care Task Force, chaired by Hillary Clinton when she was first lady, gave President Clinton a complex plan in September 1993. Despite a Democratic Congress, the size and complexity of the plan slowed its progress through Congress and lost the interest of the general population.
What’s frightening is that the health care debate has been ranging on since the 1930s so this is by no means a RECENT phenomenon. Like clock work, whenever it comes around, people start losing their minds. So in the last 40 years, we’ve had a variety of presidents who have braved taking a chance on making sure ALL americans have health care but unfortunately, we run into the “RIGHT WAY” and “SOCIALIST” discussion. We’ve had at least 6 different Presidents (Truman, Roosevelt, Nixon, Johnson, Clinton, and now Obama) take a stab at trying to push the need to make sure we all have insurance. Is it coincidence or a reason that they can’t get it passed?
So what would YOU do if you had no Health Care? Let’s look at the NOW WHAT situation!:
For the last 8 years, I have represented people who have applied for Social Security Disability benefits. Unfortunately, a lot of my clients have been people who have found themselves in the tough position of trying to figure out HOW to get health care. Think about it like this. If you have been working and your insurance has been paid by your employer and then, BOOM, you can’t work, here’s how it may unfold and so I ask you “NOW WHAT?”:
a) You get hurt OUTSIDE of work (no workers compensation, no personal injury, etc.) and now you can’t return! Now what?
b) You use your annual leave, your sick leave, and maybe even family leave and after a few months you still can’t go back to work. 3 or 4 months have passed! Now what?
c) You stop working so you apply for COBRA so you have a few months of health insurance. About 3 or 4 months have passed! Now what?
d) If you are lucky, you apply for Short Term Disability or Long Term Disability. If you are not lucky, NOW what??
e) You apply for unemployment but you know you can’t do the work you used to do and you are having a hard time finding another job. The Unemployment pays for a few things but not enough to pay for the insurance you need to cover your health care cost. Now what??
f) You start cashing out your stocks, mutual funds, and savings accounts. If you’re lucky, you have funds to last you while you apply for disability with the state (if you worked for the state), the VA (if you’re a veteran), or Social Security. All of these programs may take a few months or up to years. If you DON’T have stocks, mutual funds, and savings accounts, NOW WHAT??
Let me tell you what NOW WHAT is! It’s nothing. You’re now hoping that you qualify for disability. You’re praying you can find another job. You’re lucky if you have a spouse or family member or friend who can support you. But the REALITY is that any ONE of us can go from A-F in the NOW WHAT category that I showed you so fast that you won’t realize what happened. You can go from having a nest egg to working a good job to planning for your future to a “how the HELL am I going to get to the next day” situation.
Am I saying that we should take whatever situation that is presented to us?? No, that’s not what I’m saying. My problem is that for the last 70+ years we have had multiple presidents and politicians try their BEST to insure that everyone is covered but for some odd reason, people are quick to hollar “SOCIALISM, SOCIALIST” yada yada yada to the TOP of their lungs. And I got news for you, most of the people who scream these things are either 1) people who have health care, 2) people who are under the delusion that they will never benefit from this health care system because they don’t think they will ever be in the situation to need it, and / or 3) people who think that the change in the health care system may affect their financial bottom line.
So the challenge I present to you is this one. If you’re in a situation where you are 100% confident that you are completely covered in the WORST case situation (which is what I’ve covered up top), you are the only ones who can complain. However, considering that 95% of the country probably can not say with CONFIDENCE that they will NEVER need help, you may want to start re-evaluating the need for a National Health Insurance OPTION or Universal Health Care system.
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