Maine VA's 38% Disability Backlog Second-Best in US

A November 8, article in the Central Maine Sentinel reports that Maine is second only to South Dakota in terms of the number of disability claims backlogged by the Veteran's Benefits Administration in the state. In Maine, the backlog -- defined as pending for 125 days or more -- is 38 percent of cases. The only office that's doing better is South Dakota's Sioux Falls' office, which has a 33 percent backlog.

This data is gaining attention due to President Obama's decision to try to eliminate VA disability benefits backlogs by 2015. According to the Sentinel article

Federal data compiled by the McClatchy newspapers this week said 38 percent of claims processed by the Togus regional office of the Veterans Benefits Administration are backlogged.... The national average, McClatchy reported, is still 58 percent. So the federal government has plenty of work to do to eliminate backlogs by 2015, a promise made earlier this year that veterans’ groups have been supportive, yet skeptical of.

The rest of the article focuses on skepticism among disabled veterans' groups about the VA being able to eliminate the backlog, Togus officials discussing their accuracy rate, and the backdrop of the national attention on the VA backlog. 

Maine has a disproportionately high number both of Veterans and of people with disabilities, so the process for Veterans to get disability benefits in the state is particularly important. No mention is made that a 38 percent backlog means that more than one-third of all disability cases take in excess of four months to process.

Maine Has Highest Rate of Workplace Injuries in US; Nursing Homes Are Riskiest Maine Jobs

By Sharon Wachsler

According to a recent report, the state of Maine has the highest rate of serious workplace injuries of any state in the US. The report, "Allsup Study of Workplace Injuries," examines workplace injury rates by location, by type of work/industry — including private sector versus public sector, and by state.

The study was conducted and issued by Allsup, a company that provides representation to people applying for Social Security disability and other forms of disability benefits. [PDF] Data was collected for the year 2011. The number of illness and injury cases at work that required job transfer or restriction in Maine in 2011 was 6200, while there were 14,400 SSDI claims made in the same year.

The measurement of the [PDF] most dangerous workplaces was determined by reports of rates of injuries that were "serious enough to involve days of job transfer or restriction," per 100 full-time workers. The most dangerous workplaces in Maine were singled out as: state- or government-owned nursing and residential-care facilities (with the state rate of 7.1 injuries per 100 workers as compared to the US average of 1.2 for that industry), warehousing and storage (5.2 versus the national average of 2.7), private nursing-care facilities (5.1 versus 2.6), building material and garden equipment and supplies retailers (4.9 versus 2.7).

The fact that "nursing home facilities" and "community care facilities for the elderly" were [PDF] two of the 10 most dangerous industries nationwide — and both of which Maine is among the highest rates of injury for workers — is a disturbing finding. This suggests that not only are the [PDF] residents of such facilities often in danger of serious physical harm, but so are their caretakers, facts which seen very likely to be related.

From ADAPT (adapt.org): "Our long term care system has a heavy institutional bias. Every state that receives Medicaid MUST provide nursing home services, but community based services are optional. Sixty seven (67%) percent of Medicaid long term care dollars pay for institutional services, while the remaining thirty three (33%) must cover all the community based waivers, optional programs, etc."

It seems to me that one of the best ways to support worker safety and the rights and safety of people with disabilities is to support more independent and community living, instead of relying on the nursing home industrial complex. Which would allow both people with disabilities and care workers more options for safe, sustainable, and enriching living and working opportunities.

Disability Lawyer Debunks SSDI/SSI Myths in Portland Press Herald Editorial

By Sharon Wachsler

In an op-ed piece in yestserday's Portland Press Herald, Yarmouth lawyer Daniel Emery debunks many of the popular myths about getting or staying on Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI).

The title and subhead of the editorial points to one of the biggest falsehoods about living on disability: "Maine Voices: Disability benefits don’t allow recipients to lead lives of leisure. As elected officials focus on entitlement spending, it’s important to separate perception from reality."

Emery quotes eight former Social Security commissioners who explained in public statements that only severely disabled people who apply for disability are approved and that the applications process is long and rigorous. The Maine lawyer also describes the poverty, struggles, and terrible living conditions of many of his clients in their long, grueling battles to get on Social Security disability.

The next time you hear someone talking about how easy it is to get on disability, what a cushy lifestyle it is, or how most of the people on disability aren't really disabled, why not show them a copy of Emery's editorial.

Settlement to Ease Mainers' Private Disability Claims Process

Earlier this week, the Bangor Daily News reported that a settlement had been reached between Maine Superintendent of Insurance, Eric Cioppa, and three private insurance companies, along with four other states — California, Massachusetts, Pennsylvania, and Connecticut.

While the companies admitted no wrongdoing by entering into the negotiated settlement, they did agree to change the way they decide whether to approve claims. (Some disability attorneys have alleged that the companies deny benefits without examining a claimant’s physical condition and that the companies use unauthorized video surveillance to show that claimants should be able to go back to work.)
As part of the multistate agreement, the companies are re-evaluating certain claims; they have set aside $48 million in case the reviews show that they need to pay additional benefits. The companies have also set aside an additional $29 million for claims that are open now.

Officials in the five states believe these measures will make the insurance claim process easier for future claimants.

According to the Bangor Daily News:

Eric Cioppa says the Bureau of Insurance is willing and able to help people who feel they may have been wronged in the past. “If they know they have some rights they may not have been aware of, they can always call us,” he added.
You can reach the Bureau at 1-800-300-5000 or online at www.maine.gov/pfr/insurance.

The Maine Public broadcasting network Wednesday reported on the same story under the headline "Maine Settles with CIGNA Companies on Disability Claims." Listen to the story here.