 |
| Attorney Eric Conn advertised widely. |
Hundreds of families in Eastern Kentucky are fighting to regain the disability benefits they lost after the federal government said their attorney and a federal administrative law judge awarded the benefits fraudulently. At least three suicides have been blamed on the unprecedented debacle, and the
Social Security Administration is refusing to let the people see the medical evidence on which their disability determination was based, though it has acknowledged there is no evidence that they were "involved in the scheme," Claire Galofaro reports for
The Associated Press.
About 900 former clients of lawyer Eric Conn of Stanville had their benefits cut off. The suicides spurred U.S. Rep. Hal Rogers, R-Somerset, to get the SSA "to allow Conn’s clients to keep their checks as they struggled in a
series of hearings to prove they deserved them all along. The
Appalachian Research and Defense Fund, a legal-aid organization in
Eastern Kentucky, grew so worried they recruited the largest network of
volunteer attorneys since the aftermath of Hurricane Katrina," Galofaro reports. "The band of 150 lawyers – some of the best disability attorneys in the
nation – has become a sort grassroots suicide prevention network."
Read more here: http://www.kentucky.com/news/state/article123600329.html#storylink=cpy
"The government has good reason to ferret out disability fraud," Galofaro
writes. "Critics
call it a secret welfare program that morphed over the decades from
serving the truly disabled to aiding the unemployable: the uneducated,
the frail, the unfortunates who live in places where a rotting economy
relies on back-breaking labor. Burgeoning claims – in Kentucky’s Floyd
County [where Conn's practice was based] 15 percent are on disability – have pushed the disability fund to
the brink of insolvency. The government has squeezed other programs for the poor, leaving many in
these crumbling corners of blue-collar America with few good options.
The mass suspensions laid bare their absolute dependence on disability."
Former U.S. Sen. Tom Coburn of Oklahoma, a physician who led a Senate investigation of Conn, sees "a broken system abused by those
who don’t truly deserve it, yet grow dependent on government benefits," Galofaro reports. "They should have known better than to hire a 'shyster lawyer,' he said,
and those who didn’t deserve benefits in the first place shouldn’t draw
another dime. Government dependency, he believes, is the first step
toward tyranny."
Coburn told Galofaro, “Do I feel sorry for them? Yes,” he
said. “Do they have hardships? Yes. But do they meet the qualifications
for Social Security Disability? Absolutely not. Here’s what the law
says: if you can do any job in the economy you don’t qualify for
disability. Rules have to mean something, and life isn’t fair.”
It certainly doesn't seem fair for disabled coal miner Tim Dye, the focal point of Galofaro's story, who has been told he could hold down a desk job. He and his wife, who said she nearly committed suicide, "wonder who would want to hire an old coal miner for a
sit-down job, with nothing more than a high-school diploma, a crippled
back and an eight-year gap on his résumé." Dye told Galofaro, “In a month or two, we won’t have nothing. We’re losing everything.”
The issue of access to medical evidence is in court. "U.S. District Judge Amul Thapar — on President-elect Donald Trump’s
short list for the U.S. Supreme Court — issued an opinion last month
that found a number of Conn’s clients were afforded fewer protections
than suspected terrorists and ordered the Social Security Administration
to reconsider its process," Galofaro notes. "But another federal judge sided with the
agency. The question will now likely be settled by a federal appeals
court." Ned Pillersdorf, the lawyer leading the legal-aid effort, has an
op-ed in the
Lexington Herald-Leader.