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??
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.
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.
Common Sense Legal Tips for Natural Disasters
For those of you who live in Coastal States, we all know what June 1 signifies. That’s right. Hurricane Season. After living through 6 or more hurricanes (including a pretty strong Cat 3 storm), I truly appreciate the importance of preparing for the worst. However, as a kid growing up in Tornado Alley, I, also, understand that Natural Disasters can strike at a moment’s notice. Most of us don’t give a lot of thought to how we will deal with the rebuilding process if a natural disaster may hit. Whether it’s a flood, hurricane, tornado, forest fire, mood slide or earthquake, we should all be prepared for the possibility that we may need to move at a moment’s notice. With that being said, here a few common sense legal tips for Natural Disasters:
1) If you keep all of your money in your house, guess what happens when your house is destroyed? I know a lot of people who don’t trust banks. And if you have to get on the road quickly, you may not have access to an atm machine or a bank. There’s nothing wrong with keeping a few dollars handy but let’s be real. If you keep ALL of your money in your home, what are you going to do if you don’t have time to get it all? Keep your money in a bank or credit union so you have ability to access your money from a remote location if you need to do so.
2) First time, shame on them. Second time, shame on you. If you’ve been through a natural disaster in your area and survived, consider yourself blessed. However, if you learn nothing from that previous experience, you can’t be mad if you didn’t make the necessary preparation for a second time. Pay close attention to the things that you didn’t do the first time around to ensure that you have the necessary preparations.
3) Keep sensitive documents in a place where someone can get to them. If you have a will or life insurance policy or some other document, you may want to create a duplicate so that someone else can access it if they need it. Think about it. If your home is destroyed and you only have one copy of your document, reconstructing it may be an issue.
4) Create a grab bag. Take a Ziploc bag (a big one) and put every sensitive you may need in the bad. Birth certificates, marriage licenses, insurance policies, mortgages, wills. Keep this bag in a location where you can ‘grab it’ and run. If you have to leave on a moment’s notice, you won’t have time to run all over the place looking for documents.
5) Tell someone that it is about to GO DOWN!!! You should always keep family and friends informed of the natural disasters that are in your area. Most disasters come with no warning so that if your loved ones realize that you are in that area, your phone will probably start blowing up. For Hurricanes, you usually have enough time to move but you still want SOMEONE to know that you are about to be mobile so they will know about your whereabouts.
6) Three numbers you should always carry: Your family / friends, your insurance, and your state attorney general. Now, Family should be self explanatory. You should contact your insurance company as soon as possible to let them know that you may have a claim. Now, some of you may be looking crazy because I said “your state attorney general”. Recognize this, in a time of crisis, people look for opportunity in the midst of misery. That’s usually when you see price gouging and people trying to take advantage. Most state attorney generals are ready for those people who are trying to run dirty. They won’t know unless you tell them.
7) Check your policies. Make sure you contact your insurance carrier to get an idea of what your policy covers. The last thing you want is to put a claim forward and realize that you are not covered.
Inventory your effects. Wooooooo, I know I set you back on this one. You probably think that you know everything in your house. Well, start writing a list and you will quickly realize that you have more things than you think.
9) Use the resources. Emergency Response teams in most cities and counties are prepared to provide you the support you need to prepare for a disaster and rebuild after a disaster.
10) Be safe / Be smart.
Some of the things that I’ve shared with you may seem very generic. However, after having to relocate after two hurricanes, I realized that most of us are ill prepared to handle a natural disaster when it comes. Even more disturbing is that most of us don’t realize how difficult it is to start over when you are attempting to reconstruct your life. Prepare now so that you are ready for when the worst comes.
