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Dubiously Disabled: Our compassion is being stolen, one parking space, one wheelchair at a time
National Review ^ | 05/01/2013 | Lee Habeeb

Posted on 05/01/2013 6:13:04 AM PDT by SeekAndFind

It happens all the time. I head out to the nearest mall to work through my weekly honey-do list. After spending five minutes securing a parking spot, I walk to my destination. As I pass the handicapped parking spaces located a hop and a skip from the entrance — the spaces reserved for people in wheelchairs, or really old people with walkers, or other genuinely handicapped people — I notice a car pull into one. It’s one of those Seinfeld moments, and I turn into George Costanza. Almost.

The first thing I do is stop and take a look at the license plate. And then I wait. And it happens like clockwork. Perfectly healthy human beings with handicapped-parking decals spring out of their cars and happily stroll right by me.

Of course they’re happy — they get the best parking spaces, and suffer no consequences.

What happens next separates me from George Costanza: I don’t say anything. I don’t challenge the miscreant pretending to be handicapped who steals a space from people who are. And that’s part of the problem: People like me don’t confront people like them. Our government doesn’t put up much of a fight either, as you’ll learn shortly. Indeed, it actually gives them incentives for this behavior. And the grifters who pretend to be disabled get away with stealing our collective compassion one parking space at a time. And one wheelchair at a time.

With regularity, the Wall Street Journal recently reported, airport employees witness people who falsely claim to be handicapped when they arrive at the airport. Having successfully cut to the front of the long security lines, these parasites jump out of their chairs the moment they’re through the screening process and race to their gates, bags in tow. Airport security sardonically calls these occurrences “airport miracles,” because the body scanners seem to possess mysterious healing powers.

How big is the problem? One airport investigated the matter and concluded that at least 15 percent of wheelchair requests are phonies designed to game the system. Some think that estimate is low.

We can thank the 1986 Air Carrier Access Act for requiring airlines to provide free wheelchair service to anyone who wants it. The legislation was carelessly written, so that there’s no documentation required to get the service.

Our compassion isn’t just being stolen one wheelchair and one parking space at a time. It’s being stolen one check at a time. Perhaps millions at a time, if we had the courage to challenge the explosion of disability checks being sent to Americans who are not handicapped.

How bad is it? Enrollment in the Social Security Disability Insurance (SSDI) program has hit an all-time high of 8.9 million, up from 455,000 in 1960 and 7.4 million when President Obama took office in January 2009. Since 2009, the number of people on disability has increased more than the number of people working.

All this has happened as medical advances have allowed more of us to stay on the job, and laws have been passed banning discrimination against the handicapped in workplaces.

But it turns out that once people get on the disability train, they rarely get off. In 2011, 650,000 people left the program, but 36 percent of those left because they had no choice — they died. Another 52 percent left because they moved to other programs. Only 6 percent returned to work, and only 3.6 percent went back to work because their medical condition had improved.

How did this happen? For starters, we allowed it. It has become socially acceptable in some parts of America to not work when you actually could, and instead to collect a check from the taxpayers. And in some parts of America, this is utterly commonplace. In Hale County, Ala., according to a recent NPR series, nearly one in four working-age adults is on disability. And on the day their checks arrive, NPR noted, “banks stay open late, Main Street fills up with cars, and anybody looking to unload an old TV or armchair has a yard sale.”

Things have got to be pretty bad if NPR is doing a series on the issue.

NPR’s Chana Joffe-Walt talked to a retired judge in Hale Country, Sonny Ryan, who described a conversation he had had with a man who appeared to be healthy, but who collected disability.

“Just out of curiosity, what is your disability?” the judge asked.

“I have high blood pressure,” the man said.

“So do I,” the judge said. “What else?”

“I have diabetes.”

“So do I.”

And that summarizes the problem.

In 1984, Congress changed the definition of the word disability. The old definition, it decided, was too narrow; it included pretty much only things that could kill you. Things that were easy to test for, like cancer and heart disease. The new law was more vague, with harder-to-diagnose problems like back pain and depression added to the list.

When Congress creates a vague law with big dollars attached, it doesn’t take long for a crafty lawyer to seize the opportunity. And seize it Charles Binder did. When he started working in the disability field in 1979, Binder represented fewer than 50 disability clients. Last year, his firm — Binder & Binder — represented more than 30,000 people.

#page#You may know the firm, because you can’t get through 15 minutes of daytime TV without seeing its ads. Binder is the guy in a cowboy hat grinning from ear to ear who makes this promise to viewers: “We’ll deal with the government. You have enough to worry about.”

Binder isn’t just advertising his services in those commercials; he’s selling a government program many people didn’t know existed. Now they do. And Binder’s firm is the beneficiary. It raked in $68.7 million in fees last year, the biggest player in the disability industrial complex.

That’s why he’s smiling so broadly in those ads. Other law firms are following his lead. In 2010, a $1.4 billion slice of the disability-awards pie was paid as fees to disability lawyers by the Social Security Administration, up from $425 million in 2001.

Who says there aren’t pockets of growth in our stalled economy? The NPR report didn’t end there. Binder and his clients, it turns out, have advantages when they get before a federal appeals judge. “You might imagine a courtroom where on one side there’s the claimant and on the other side there’s a government attorney who is saying, ‘We need to protect the public interest and your client is not sufficiently deserving,’” MIT economist David Autor told NPR. “Actually, it doesn’t work like that. There is no government lawyer on the other side of the room.”

You heard that right. There is no lawyer representing the taxpayers, despite the fact that the average claim costs us over $300,000. The number is that high because in addition to the annual $13,000 people get when they win their appeals, they soon qualify for Medicare. Which means taxpayers are not only paying people not to work for the rest of their lives, we’re picking up the tab for their health care, too.

Regrettably, the Social Security Administration didn’t design disability hearings to be adversarial, according to the NPR report. Instead, judges are there to represent the government, while they are simultaneously charged with giving a fair and impartial hearing to the claimants. Judge Randy Frye, a North Carolina administrative-law judge, told NPR he often finds himself glancing to the other side of the courtroom hoping to hear a challenge from the government. But what he sees is an empty chair. From the sound of things, Frye is a judge doing his best in a bad situation.

Some judges are less scrupulous. Take Judge David Daugherty — please. Until he was forced into retirement two years ago, Daugherty processed more cases than all but three other judges in America. But he didn’t seem interested in defending taxpayers. According to the 2011 Wall Street Journal report that led the Social Security Administration to place him on leave, Daugherty decided 1,284 cases in 2010, and awarded benefits in all but four. For the first six months of 2011, he approved payments in every one of his 729 decisions. How does that compare with the other 1,500 judges administering the program? The chance of winning in their courtrooms is 60 percent.

“Some of these judges act like it’s their own damn money we’re giving away,” Daugherty told a fellow judge in Huntington, W.Va., according to the Journal.

He’s right. It isn’t the judge’s money. And it isn’t the lawyer’s money, either. It’s our money.

Regrettably, we now have a system in place that advantages one side — trial lawyers — over another — taxpayers — and provides claimants enough wiggle room to allow them to scam the system with little effort. They simply have to hire a lawyer — and wait. For people with poor job prospects and little training, it might just be enough to induce them to get on the dole for the rest of their lives.

What are the costs to taxpayers? SSDI hit a record $124 billion in benefits in 2010. And according to a CBO report in 2011, Medicare costs for SSDI recipients added up to $80 billion. And we taxpayers don’t lawyer up on these disability appeals?

So what can we do about this perfect storm of factors leading America down the path to becoming Disability Nation? Here’s an idea: Identify all the unemployed recent college graduates across the country, and have them follow around all the people collecting disability, and see how many are doing things like fishing. Or hunting. Or doing off-the-books work. And pay the graduates a bounty for each scammer they out.

In addition to making some extra money and saving taxpayers even more, those young graduates will learn just how corrosive a well-intentioned federal program can become. They’ll learn that people respond to incentives, and if you make not working pay about as much as working, and throw in lifetime medical benefits, you’ll get some bad outcomes. They’ll learn that because of those incentives — and the work of trial lawyers — many able-bodied citizens who should be working and contributing to our society are instead stealing from it.

But don’t hold your breath. Because the experience just might turn a lot of recent graduates fresh out of their liberal indoctrination camps — or as Dennis Prager likes to call them, liberal seminaries — into conservatives.

— Lee Habeeb is the vice president of content at Salem Radio Network, which syndicates Bill Bennett, Mike Gallagher, Dennis Prager, Michael Medved, and Hugh Hewitt. He lives in Oxford, Miss., with his wife, Valerie, and daughter, Reagan.


TOPICS: Constitution/Conservatism; Culture/Society; Government; News/Current Events
KEYWORDS: compassion; disability
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To: SeekAndFind

The disabled person’s name should be on the handicapped tag as well as an expiration date.

I have seen dates recently from 2005. I have also seen people with NO tags parking in these spaces. Where is the $200-$500 penalty for these people?


21 posted on 05/01/2013 6:47:02 AM PDT by Cowgirl of Justice
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To: SeekAndFind

When at Walmart in Iron Mountain, MI the disabled parking spots are filled up with get this Walmart Employees. When at Walmart in Marquette, MI the disabled parking spots are filled by Northern Michigan University students whom park cars there and have a number of students get in one vehicle and go park on campus parking.

being in a wheelchair I generally park my vehicle away from others and get out of the vehicle and roll the wheelchair to the store. I have had two disabled equipped vans stolen because of the lift and so forth in it. Now that pisses me off, as the insurance company will drop me if it happens again.


22 posted on 05/01/2013 6:47:42 AM PDT by hondact200 (Candor dat viribos alas (sincerity gives wings to strength) and Nil desperandum (never despair))
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To: republicangel

Not every question is an attack. Sometimes it’s just a question. But when you are a martyr, any cross will do.


23 posted on 05/01/2013 6:50:58 AM PDT by AppyPappy (You never see a massacre at a gun show.)
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To: SeekAndFind
This scam is played out every day here in Maryland.

Family members borrow the cars with the HC stickers.

I one case I know a wife of a doctor uses the HC spot in front of the health and fitness club (Gym) then spends an hour running on the machine inside. I would love to video her and post it on youtube.

Police here only do the easy route, write $180 fine tickets for those without the stickers.

Thank GHWB and Martha and Bob Dole for this too.

24 posted on 05/01/2013 6:51:26 AM PDT by sickoflibs (To GOP : Any path to US citizenship IS putting them ahead in line. Stop lying about your position.)
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To: SeekAndFind

I see this too, nearly everyone who uses a handicapped space is using no walker, no wheelchair, not even a cane.
I am in a shopping center parking lot nearly every day picking up friends without wheels (or licenses). So lots of time is spent sitting there watching the passing parade. (Boomer reference!)
Meanwhile I can just about walk myself, most days, due to an injured spine, and I’m always grabbing the nearest cart to lean on, when I have to go into a supermarket. Yet I don’t have a handicapped sticker.
The populace (you can’t call them citizenry any longer) are accustomed to having their noses wiped for them. This won’t change except to get worse over time. Liberty? Who needs it! Wipe me!


25 posted on 05/01/2013 6:54:22 AM PDT by HomeAtLast
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To: SeekAndFind
I recently overheard a conversation at a McDonald's. Some older gentleman who was involved in campaigning years ago remembered an event sponsored by his party. There was very little parking available in the neighborhood that wasn't handicapped parking. A valet came out to park his car with a stack of handicapped placards. These were used so that they could park all of the attendees cars in the handicapped spaces.

Your politicians at work.

26 posted on 05/01/2013 6:55:15 AM PDT by who_would_fardels_bear
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To: AppyPappy
Oh I'm so sorry. Looks like I might have offended you.

You know sometimes, people who have handicap stickers, have them for a reason. Sometimes it is not a visible illness and sometimes people are just jealous over the most inane things.

Maybe you should just be glad that you are healthy enough to walk that extra 50 feet to the entrance.

27 posted on 05/01/2013 6:55:28 AM PDT by republicangel
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To: jrg

I have a handicapped parking placard that I can hang from my rearview mirror. It is temporary, but I have renewed for over a year while I deal with an auto-immune muscle disease. I rarely actually park in the handicapped spaces unless I am having a bad day, or if the distance is too far. But if I do use it, most people would not think I had a disability (I do walk a little funny up inclines, but otherwise just a little slow.)

I have learned to hold my tongue and thoughts when I see others using the spaces, but I do think there may be too many of them.


28 posted on 05/01/2013 6:56:19 AM PDT by NCLaw441
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To: absolootezer0
do you still park in the handicap spots when your son isn’t with you? No....
29 posted on 05/01/2013 7:00:31 AM PDT by jrg
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To: SeekAndFind

OK, so this mostly about fraud.

I do want to comment about these spaces. It angers me to no end that more and more spaces for handicapped (and Eco cars, and pregnant women, and etc.) are made but THEY ARE NOT USED! So I’m forced to park very far because God help me I take the hallowed empty space.

Here’s another thing. Not all you see “healthy” at those spots really are. Some have troubles that are internal, others have problems that don’t appear that much but often are. My mother now has a temp pass. She has had excruciating nerve pain in her thigh some 15 years now, only the last 5 or so did she get the pass. My father likewise has problems sometimes with his leg because of the blood clots in them, particularly AFTER walking through a big mall or so. They sometimes have good days, but often just a bit of walking hurts them. Again, most of the time these spaces are unused, irritatingly vacant. I don’t have a problem with someone using it for a change even if their ailment seems hidden.

To boot, I have MANY chronic body problems, worst my hip problems, and somewhat my fasciitis. You can’t see it but it’s there. My sister, RIP, had cancer but she was such an A personality that you would not know it, except maybe when she was bald. She never had a pass in her 3 years. Sometimes if we were with our parents we were grateful to borrow it (stage IV she had more exhaustion) if not feeling well.


30 posted on 05/01/2013 7:01:16 AM PDT by the OlLine Rebel (Common sense is an uncommon virtue./Technological progress cannot be legislated.)
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To: absolootezer0
do you still park in the handicap spots when your son isn’t with you?

Let me restate that....No I don't. However, I am from Alabama originally so that COULD be considered a handicap.(kidding folks)
31 posted on 05/01/2013 7:02:19 AM PDT by jrg
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To: SeekAndFind

The local fat liberal was just bragging about having a handicapped tag to hang on the mirror to use occasionally to get that handy spot when no others are available, in a hurry, etc.


32 posted on 05/01/2013 7:03:23 AM PDT by palmer (Obama = Carter + affirmative action)
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To: the OlLine Rebel

My father had emphysema, and to all appearances he was perfectly healthy but he struggled to walk a long distance. He still refused to get a handicapped sticker because he said there were people in worse shape than him who needed them. He would just stop to catch his breath a time or two while walking to the store.


33 posted on 05/01/2013 7:06:11 AM PDT by LexRex in TN ("A republic, if you can keep it.......")
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To: jrg

He irony is that fat is often the CAUSE of the joint problems and so on, so the fat person gets a pass. Believe me, I know, I know grossly obese people who have had surgeries for knees and so on, problems which are after the fat. I’m thinking, why not get the major liposuction and see if the problems go away?


34 posted on 05/01/2013 7:06:25 AM PDT by the OlLine Rebel (Common sense is an uncommon virtue./Technological progress cannot be legislated.)
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To: oprahstheantichrist

I call them the segregated parking spots since 99% of those using them are old white people.


35 posted on 05/01/2013 7:07:34 AM PDT by TexasFreeper2009 (Obama lied .. the economy died.)
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To: the OlLine Rebel
RE: To boot, I have MANY chronic body problems, worst my hip problems, and somewhat my fasciitis. You can’t see it but it’s there.

I'm sure your health problems are real. However, there are MANY right now on Social Security Disability who claim similar problems. The reality is --- they'eve exhausted their 99 weeks of unemployment and have nowhere to go but this route...


36 posted on 05/01/2013 7:11:11 AM PDT by SeekAndFind
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To: TexasFreeper2009

Not in my observations they’re not.


37 posted on 05/01/2013 7:11:57 AM PDT by MrB (The difference between a Humanist and a Satanist - the latter admits whom he's working for)
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To: palmer

liberals are “special” people who have that special intellectual and moral superiority to judge exactly when they should break the rules and when they should apply the rules.


38 posted on 05/01/2013 7:12:51 AM PDT by MrB (The difference between a Humanist and a Satanist - the latter admits whom he's working for)
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To: republicangel
You know sometimes, people who have handicap stickers, have them for a reason. Sometimes it is not a visible illness and sometimes people are just jealous over the most inane things.

Well said republicangel. With an autistic son whos 'thing' was to take off running and crawl under a vehicle to hide, I don't feel the least bit guilty in the use of a handicap parking space.

As for those who would criticize me and say that we don't look disabled, my response to them is that they don't look stupid!

39 posted on 05/01/2013 7:13:39 AM PDT by whodathunkit
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To: oprahstheantichrist

Parking for the morally handicapped.


40 posted on 05/01/2013 7:14:10 AM PDT by allmendream (Tea Party did not send GOP to D.C. to negotiate the terms of our surrender to socialism)
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