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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

First, there are huge numbers of “handicapped” whose major medical issue is laziness. Those people absolutely disgust me. Honorable people don’t compel decent Americans to support them simply because they can get away with it, and they don’t make those with a real disability walk further just for personal convenience.

Second, there are some disabled people who do not look disabled. A friend of mine who died of cancer used to dread going shopping for groceries or for anything else in the last few months of her life. She looked thin but okay, but she didn’t have the endurance to walk very far, even leaning on a shopping cart. She often couldn’t make it to the store, through the store, and back to the car with enough energy to drive home. Many times she couldn’t even make it to the store because some moron would yell at her for taking a handicapped spot when she was “obviously perfectly fine”, and she would go back to her car in tears.


41 posted on 05/01/2013 7:23:10 AM PDT by Pollster1 ("Shall not be infringed" is unambiguous.)
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To: LexRex in TN

Exactly. My parents don’t get the permanent. I don’t know why, unless there are higher standards. Neither of them is going to get better at their age. My dad also has mild heart disease, hardening in the lungs, and my mom has unknown lung spots and coughs ALOT, also for 15 years.


42 posted on 05/01/2013 7:24:38 AM PDT by the OlLine Rebel (Common sense is an uncommon virtue./Technological progress cannot be legislated.)
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To: SeekAndFind
My question is for the handicapped people: What if the only space left is for the handicapped? I have pulled in to a state park campsite, where the only spot left was handicapped. This was a self pay before you enter site, and we had already paid, it was late evening, and we had a tent to set up. Is it fair that the handicapped should always have a site 'reserved' for them, that they will not use, anyway?

I have also seen small parking lots, like in front of shops, that have only one, handicapped slot left. Also, I went to a grocery store once in Houston, where the only spot left was for the handicapped. You could park 4 cars in that spot, yet it sat empty and I left. Who does that help? I went to a state park in Louisiana to picnic by the lake with my friends, but the only table left was for the handicapped. Some of these parks collect the fee before you enter, and are self pay, so you can't get your money back easily.

Finally, at our church, after the main service, there is always a line in the women's bathroom. Some of the women insist that only handicapped women can use the handicapped stall, so it sits vacant, while a line forms. I would be happy to let the handicapped person to the front of the line, so she can get the handicapped stall next, but does it have to sit idle, while a long line forms? (Don't tell me to use that stall, the peer pressure and judgement from church ladies is too much for me.)

43 posted on 05/01/2013 7:26:31 AM PDT by sportutegrl
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To: Pollster1

She should’ve just yelled at the ignoramus, I’M DYING OF CANCER!


44 posted on 05/01/2013 7:26:32 AM PDT by the OlLine Rebel (Common sense is an uncommon virtue./Technological progress cannot be legislated.)
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To: republicangel

If someone can walk around a store, they can walk 80 feet to the store.

Me? I park well away from the store. Makes it easier to find a spot, easier to find the car afterward, and I’m less likely to get a dent. So I largely ignore handicap spots and who parks in them, unless the person springs out of the car like OJ Simpson sprinting thru the airport...


45 posted on 05/01/2013 7:26:41 AM PDT by Mr Rogers (Liberals are like locusts...)
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To: republicangel

Can’t seem to find a link to it, but there used to be a public service announcement featuring a man in a wheelchair talking about how he confronted apparently healthy people who use the handicap parking by asking “What’s YOUR disability”, and their typical response. which was “Stupidity”.


46 posted on 05/01/2013 7:28:33 AM PDT by knittnmom (Save the earth! It's the only planet with chocolate!)
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To: BBell

Even though it might not be obvious, some folks who truly need handicapped parking, like elderly men and women.
Really bad thing at Walmart recently. An elderly woman tripped and did a face plant in the parking lot. It may look funny in the cartoons, but it is a mess in real life. I helped her, along with another man, until emergency services came and got her.
I don’t resent handicapped parking one bit. I just hope I’m dead before I need it.


47 posted on 05/01/2013 7:28:54 AM PDT by Little Ray (How did I end up in this hand-basket, and why is it getting so hot?)
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To: allmendream
“Just because you think you can’t see a disability doesn’t mean it’s not there.”....

Agreed! My wife is indeed physically handicapped and it is quite obvious when she exits our vehicle. My handicap
(due to a severe heart condition) is not obvious to the casual observer. While I agree there are those who abuse the opportunity of having the handicapped stickers, one should be a bit more cautious when “judging a book by it's cover”

48 posted on 05/01/2013 7:29:35 AM PDT by DaveA37 (I'm for HONEST government)
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To: whodathunkit

Thanks, I know the day is coming that I will have to have oxygen and will then probably have to have a sticker. Not looking forward to it. People just need to get a grip. Bigger things in life to worry about than who is getting a close parking spot.


49 posted on 05/01/2013 7:31:24 AM PDT by republicangel
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To: sportutegrl

only handicapped women can use the handicapped stall, so it sits vacant, while a line forms

That’s just ridiculous. There is no Handicap Pass for bathrooms, so damned if I’m going to be so righteous! BTW, H stalls are great for having small kids alone with you. I still cannot leave my little boy outside the bathroom so he goes with me, and we try to get the H so there is more room. You’ll notice many H stalls have diaper change tables, so sometimes we HAD to do that for baby.


50 posted on 05/01/2013 7:31:28 AM PDT by the OlLine Rebel (Common sense is an uncommon virtue./Technological progress cannot be legislated.)
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To: SeekAndFind

I used to resent it when I saw obciously non-disabled people parking in special spots. Then it occurred to me that I can’t park there whether or not it is empty or not and if a “cheater” is in that spot he is not in a spot for which i am eligible.


51 posted on 05/01/2013 7:31:48 AM PDT by arthurus (Read Hazlitt's Economics In One Lesson ONLINE www.fee.org/library/books/economics-in-one-lesson)
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To: SeekAndFind

Yep..My son has Cerebral Palsy and uses a powerchair...we have a van with a ramp and hardly ever find a handicap space. They are usually all filled up. If I don’t have him with me I never use a handicap space even though we have plates.

My son’s Doc. refuses to write scripts for handicap placards unless truly needed. She says she feels like a drop in the bucket. If enough Doc’s like her would do the same....*sigh*


52 posted on 05/01/2013 7:31:58 AM PDT by wyokostur
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To: Progov
Absolutely.

Are there scammers? Certainly.

Am I capable of telling at a glance who appears healthy but may actually have a terrible disability - and those who are scammers? No.

That is why I don't confront the handicapped parkers.

People are stupid about parking anyway. They will circle the lot for 5 minutes or more to get a good parking space to avoid a walk - AT THE GYM!

53 posted on 05/01/2013 7:33:21 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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To: the OlLine Rebel
She should’ve just yelled at the ignoramus, I’M DYING OF CANCER!

She tried that a few times, but many of the morons were skeptical - accepting her word would mean accepting that they were horrible people, and that is difficult for some people, especially for horrible people. I was there for a couple of those do-gooders, and I could put them in tears, but it's a rough task for someone who is hoping to stay alert for a half hour or so on her feet.

54 posted on 05/01/2013 7:34:22 AM PDT by Pollster1 ("Shall not be infringed" is unambiguous.)
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To: SeekAndFind

Never happens at Home Depot or Lowes...they have about the first 100 spaces designated as disability spots, and they’re never full. Usually a couple of cars.


55 posted on 05/01/2013 7:34:30 AM PDT by stuartcr ("I have habits that are older than the people telling me they're bad for me.")
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To: SeekAndFind
I have an aunt who is a graduate of the 1960's "peace & love" age. She eventually took a clerical job "with the city," where she did her time, and eventually got to a point where she can now collect a pension. Along with whatever she gets from Social Security, it's probably a comfortable, if not extravagant, retirement.

As a child, I seemed to remember her having many "boyfriends," and even a husband at one point. She later divorced, and hooked up with a guy named "Dave." Dave apparently was in the Army during the 1960's--for maybe a total of four months. Then, he became "disabled" and left.

No one is quite sure of what his diability is, and I suppose in polite conversation, no one presses too hard to find out. But Dave has been collecting disability checks from Uncle Sam for the better part of 40+ years. To my knowledge, he's never had a job in which he wakes up, and goes off to work. He has dabbled in "art" of various kinds: rock gardens, "sculptures," and maybe some painting. but nothing where he would see any commercial success--nothing that would ever appear in a gallery, or even in a weekend flea market. Anything like that would take some initiative, and most of his initiative is likely dulled by the fact that he grows and smokes his own marijuana. I suspect that he sells some of it to supplement his income.

I've often considered "reporting" him to authorities, but quite frankly, I don't know how much good it would do. I'm really not close to my aunt, and even less close to him. I just despise his gaming of the system. He's done it so long, that he knows nothing else. He is a miserable person, and when he nears death and looks back on his life, surely he will be terribly disappointed and shameful in his waste.

56 posted on 05/01/2013 7:42:38 AM PDT by Lou L (Health "insurance" is NOT the same as health "care")
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To: SeekAndFind
This one always gave me a laugh:


57 posted on 05/01/2013 7:43:59 AM PDT by Carriage Hill (AR-10s & AR-15s are the Muskets of the 21st Century. Free men need not ask permission.)
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To: SeekAndFind

I have been glared at when I exit my car after parking in a handicapped spot and hanging my permit on the rearview mirror.
You cannot see the COPD that keeps me from walking 200 ft. without resting.
You cannot see the advanced degenerative arthritis in my spine, or my knee.
You cannot see my still healing hip replacement.
What you see is a reasonably healthy 67 year old grandmother with a few curves who can walk without pain for perhaps ten minutes on a good day.
There are many conditions that cannot be seen that fall within the guidelines governing the issuance of a handicapped parking permit.
And those cars you see in handicapped spots without a visible permit? It’s probable still in the driver’s side visor. People my age can be forgetful. ;)


58 posted on 05/01/2013 7:50:57 AM PDT by Wiser now (Socialism does not eliminate poverty, it guarantees it.)
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To: al_c

There are those who have a disabled or elderly family member who drive them to doctors or where ever else they need to need to go that legitimately need the handi-cap access to load and un-load the patient. Most of their driving or errands don’t involve the handicapped individual but they still park in the handi-cap space because they have the tag, these are the a$$h0!#$.


59 posted on 05/01/2013 7:51:05 AM PDT by duffee (NO poll tax, NO tax on firearms, ammunition or gun safes. NO gun free zones.)
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To: SeekAndFind

The ignorance expressed in this article astounds me. NR has really gone downhill.


60 posted on 05/01/2013 7:51:59 AM PDT by Cyber Liberty (I am a dissident. Will you join me? My name is John....)
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