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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: duffee

I can agree with that. And most of this article, actually. Just felt like pointing out the author’s judgemental views in that one statement.


61 posted on 05/01/2013 7:56:58 AM PDT by al_c (http://www.blowoutcongress.com)
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To: SeekAndFind

Disabled tags on low-slung sports cars always puzzle me.
What disability would require a special parking space, but allow the sufferer to ride in a BMW Z2?


62 posted on 05/01/2013 8:08:09 AM PDT by Vide
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To: SeekAndFind

In truth, a large number of real disabilities are invisible. A big one is arthritis, which can be agonizingly intermittent; one day very little discomfort, the next they are barely able to walk. Others include emphysema that may not yet require oxygen but leaves them debilitated, neuromuscular diseases, really damaged joints and feet, etc.


63 posted on 05/01/2013 8:29:21 AM PDT by yefragetuwrabrumuy (Best WoT news at rantburg.com)
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To: carriage_hill

Why did it make you laugh? I had a stroke in February and have a poorly functioning side. A leg that won’t carry me and an arm that won’t reach. But I CAN stand up and reach with the other side.


64 posted on 05/01/2013 8:29:29 AM PDT by FrogMom (Chicken Little is coming, and he's right!)
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To: the OlLine Rebel
more and more spaces for handicapped (and Eco cars, and pregnant women, and etc.) are made but THEY ARE NOT USED!

I've noticed that too; I've never been in a parking lot where even a third of the handicapped spaces are occupied. Even allowing for the occasional fluke spike, they've gone overboard.

65 posted on 05/01/2013 8:35:15 AM PDT by Jötunn
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To: SeekAndFind

When I was 42, I lost the primary veins in my legs. One gave out about one year before the other. I had massive clotting. My lungs were 73% involved with blood clots. I could easily have died. It’s actually a wonder that I didn’t stroke out. My right leg was nearly lost.

Except for wonder drugs, I wouldn’t be here today.

Each time it took me about three weeks just to get back up on my feet enough to stay here for more than a few seconds at a time.

The first leg I was able to compensate pretty much by putting extra energy into the healthy leg. After losing the second leg’s circulation, I was a different person.

I returned back to work after a month, but I was having a hard time staying on my feet and walking. I joined the YMCA and used their pool to walk in neutral buoyancy. This helped me build up my strength.

The area I needed to use was supposed to be reserved for elderly people. My outward appearance was that of a healthy man in his early 40s. In truth, I was still having a very hard time walking more than ten feet or so without sitting down and resting.

The other swimmers using the pool area took one look at me and were sure they had caught a guy using the elderly section of the pool when I shouldn’t be. I was challenged on it every day for about a month.

These fools didn’t have a clue, that they were way off base. None the less, they got in my face and made sure they got their pound of flesh while I explained my medical condition to them in detail, so they could leave me alone in good conscience.

Lesson: Don’t worry about what other people are doing. STFU and be the best person you can be.

This is not directed at you SeekAndFind.


66 posted on 05/01/2013 8:44:15 AM PDT by DoughtyOne (Leftist, Progressive, Socialist, Communist, fundamentalist Islamic policies, the death of a nation.)
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To: FrogMom

I’ve seen several people pull fake wheelchair stunts at stores.

After driving-up to handicapped pkg spots, push the chair to the door, hop in and zip around the store, often getting out and walking thru aisles - one climbing an employee ladder to reach boxes on an upper shelf - and pile them up, for a store employee to take to checkout and load the car. Then, they put the chair into the car, and walk down the strip mall to several other stores, load-up and push a shopping cart back to their car.

Sorry for your medical problems, but there are scamsters out there.


67 posted on 05/01/2013 8:49:41 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’m surprised no one has yet mentioned one of the more common users of handicapped parking spaces I’ve seen (in the Chicago IL area, at least): marked police cars.

Are those police cars driven by brave victims of disability who manage to hold down a grueling police job despite being handicapped ... or are they driven by able-bodied government employees who know that they can park wherever they wish with no concerns about being ticketed? It’s a mystery.


68 posted on 05/01/2013 8:52:02 AM PDT by Jubal Harshaw
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To: DoughtyOne

Your story sounds a lot like mine. I hope you are doing better these days...I am. But these people do love to get in your face when they think you’re breaking the rules.

I always tell them, “There’s a reason the state issues the tags and plates. It’s so I don’t have to explain myself to jerks. My health issues are nunya bidness, so flake off.”


69 posted on 05/01/2013 9:06:42 AM PDT by Cyber Liberty (I am a dissident. Will you join me? My name is John....)
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To: al_c

Or they could be like me, I can walk into the store just fine it is the coming out that is the problem. After I walk awhile my leg just almost quits working with lots of pain. The discs in my back are falling apart and my sciatic has been pinched for about 10 yrs.


70 posted on 05/01/2013 9:07:06 AM PDT by sheana
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To: Mr Rogers
If someone can walk around a store, they can walk 80 feet to the store.

I thought so too until my thyroid went crazy. It was important to keep doing whatever I could get done; but, I was in real fear of sliding to the ground and being helpless and surrounded by strangers.

Anyway, why is the government involved in any way? It's the same as redistribution of wealth - taking something of values from one to give to another. Let the store owners decide how to deal with their customers. The government should mind its own business.

71 posted on 05/01/2013 9:15:39 AM PDT by donna (Pray for revival.)
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To: Texas Eagle
Typical FR responses were everyone will debate the relative merits of who is deserving or not of a space. Many responses make the point the system is not administered correctly and have suggestions for improvements.

How about this? Get rid of handicapped spaces. How did we cope prior to their advent? They are simply another government enforced spoils system that further erodes private property rights and degrades the spirit of individual acts of charity. Will those of you handicapped or with handicapped loved ones vote for politicians who give you the best spots?

I remember my parents lecturing me to never take the close in spots at stores or church so that old and crippled people could use them. Government enforced charity (an oxymoron if ever there was one) has again displaced private charity will causing hatred and resentment.

72 posted on 05/01/2013 9:23:56 AM PDT by FreedomNotSafety
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To: Cyber Liberty

I don’t have to listen to the jerks, because I’m the guy parking my car at the far outside part of the parking lot, so those same jerks don’t destroy my property with their car doors.

My Mariner is seven years old now, and it doesn’t have a scratch on it. It looks brand new.

I’ve never been a big fan of the handicapped parking spaces. What difference does it make if you can park 20 feet from the entrance of a super-market with long isles you have to traverse to do your business. If you can traverse the interior of the store, you can get to the front door.

I don’t begrudge anyone using the spaces, so don’t get me wrong. I’m not trying to put anyone down here. I just can’t use them myself, and I could probably get one.

I do fairly well these days. I get sores once in a while that won’t go away. I’ve got on now in the inside of my right foot that I’ve had since mid-January.


73 posted on 05/01/2013 9:27:57 AM PDT by DoughtyOne (Leftist, Progressive, Socialist, Communist, fundamentalist Islamic policies, the death of a nation.)
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To: SeekAndFind

There are people with legitimate parking permits who *appear* to be OK. I have one because my foot is screwed up and my doctor wants me to minimize the amount of walking I do on it until I am able to have surgery later this summer. I barely limp, so I probably look like one of these fakers. But I’m not.


74 posted on 05/01/2013 9:28:48 AM PDT by SW6906 (6 things you can't have too much of: sex, money, firewood, horsepower, guns and ammunition.)
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To: SeekAndFind

bkmk


75 posted on 05/01/2013 9:31:58 AM PDT by Sergio (An object at rest cannot be stopped! - The Evil Midnight Bomber What Bombs at Midnight)
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To: SeekAndFind

Drove my girlfriend’s handicapped mother to walmart once, dropped her off at the garden center then parked farther down by the main entrance in a handicapped spot. Got chewed out by a woman as I bounded out of the car and started to run inside.

A side note, saw a guy park in the fire lane in front of the grocery right in front of a moveable pole sign that read “No Parking Fire Zone”. A man who also saw him do it took a similar sign and moved it right up against his rear bumper. When he came out to leave he backed over that one and got confused and put it in drive and ran over the sign in front of him. Best laugh of that day.


76 posted on 05/01/2013 9:53:29 AM PDT by Rebelbase (1929-1950's, 20+years for full recovery. How long this time?)
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To: Pollster1

Maybe she could’ve tried carrying out the way she felt then - faint on the pavement right there.

Sad how people ASSume.


77 posted on 05/01/2013 10:05:35 AM PDT by the OlLine Rebel (Common sense is an uncommon virtue./Technological progress cannot be legislated.)
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To: SeekAndFind

I don’t think it is wise to just yell at someone because they look healthy, yet use a disabled placard.

My spouse had one for several months during his chemo time. On some days if you saw him get out of the car and walk into the store, he’d just look like an average guy. You have no idea how much effort it took for him to get up, get dressed, and go.

Also, it is legal and proper that a perfectly healthy person use the space IF they are driving the handicapped person. So the apparently healthy person hopping out and striding into the store may have a far more obviously handicapped person in the car, and may be running errands for them. I did it frequently.

I am not a fan of LEGISLATED handicapped parking, but, I encourage you not to necessarily judge someone’s health by a cursory glance.


78 posted on 05/01/2013 10:36:14 AM PDT by Persevero (Homeschooling for Excellence since 1992)
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To: SeekAndFind

Oh, heck. They just go right ahead and park in the fire lanes in my neck of the woods. Why walk from a “handicapped” spot? Entitlement is everything.


79 posted on 05/01/2013 10:58:49 AM PDT by freeangel ( (free speech is only good until someone else doesn't like it)
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To: SeekAndFind

This thread will be full of the same NIMBY, “I paid for it”, until-my-ox-is-gored replies.

Bottom line: What business is the gov’t mandating anything that belongs to another?

1) This is space that is owned by someone...NOT gov’t
2) Typical gov’t ‘solution’...no oversight, validation nor taxpayer thought, just $$ to ‘throw around’ and layers to get rich

How about a picture ID on the hanger w/ expiration...that and a HUGE fine and let the business decide if/how many they want to host.


80 posted on 05/01/2013 11:28:04 AM PDT by i_robot73 (We hold that all individuals have the Right to exercise sole dominion over their own lives - LP.org)
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