#veterans' advocacy

[giannic]

Annie Oakley - Wikipedia

Born in Phoebe Ann Mosey, on August 13, 1860 in Starke County, Ohio. Her birthplace is where today lies Willowdell, Ohio, near the Indiana state line.

[gemmahale]

Okay, I'm home, I've been on the road for the better part of 4 hours today due to a miscommunication and a cancelled event, and I've had this rant brewing.

Being Anti-Military and Pro-Veteran are stances that can mutually exist.

Games like CoD and whatever other FPS/Military Simulation game is out there is propaganda. It’s meant to make you want to sign up or support military action.

The military (I’m speaking specifically to the US, as I am most familiar with them by proxy) uses some incredibly underhanded techniques to ensure they have the warm bodies soldiers they need to keep the system working as intended.

This includes but is not limited to: promises of paying for education, aspirations of “seeing the world”, provision of job security, access to healthcare, a stable job and housing, etc. They use things like “patriotism” and “glory” and “security” to lure people in.

And then, when that person is wholly and completely reliant on the military - for a paycheck, housing, healthcare, you name it - they spit them back out into the world with a "thanks a lot and good fucking luck."

Into a world where:

Financial support for care has been axed and axed and axed again under "budget cuts"

Care is secured with red tape so thick you can tightrope walk across it

Care is denied for things the military caused (by saying "it didn't happen while you were serving".) *Yes, that's a direct quote from a doctor to one of Kallen's peers. When assessing a life-altering injury sustained while they were in country overseas, it was deemed as "non-service related injury”.

In comparison to civilians:

Veterans are ~40% more likely to be homeless.

Veterans are ~80% more likely to suffer from untreated mental and physical health issues - PTSD, hearing loss, nerve damage, etc.

Veterans are ~60% more likely to turn to addictive substances - alcohol, drugs, etc.

Veterans are ~70% more likely to commit suicide.

This isn’t limited to combat vets. Logistics specialists, administrative specialists, IT specialists all get screwed when they leave.

Ask just about any veteran that has served, they are incredibly likely to be staunchly anti-military.

The military causes a tremendous amount of damage to every person involved, even if they aren't aware of it at the time.

It’s a cult, it’s an abusive relationship, it’s predatory. Treat it as such.

Support veterans, advocate for their care. They made choices you may not agree with, but they made them because of what they thought the military was offering to them. Many thought they were doing the right thing for their country - that was the lie they were fed from 9/11 on (in the US). Then they were chewed up, spit out, and left for dead by the same people that made all those promises to them.

Here are some US-based, apolitical Veteran Support groups (many have International chapters/members):

22 Until None - 501-C3 that provides support to veterans by veterans. There are local chapters on Facebook that are all active and are listed on the website

Disabled American Veteran - Veteran help association; involved in legislation and local assistance, connections to VA advocates to help navigate the VA

Wounded Warrior Project - 501-C3 charity supporting disabled veterans.

Note: I am absolutely not doing the "not all servicemembers" thing here. I'm saying "veterans are living with their choices, and still deserve access to care."

[swash0067]

The War Still Rages…

[ivygorgon]

An open letter to the U.S. Congress

Strengthening TEFAP and SNAP provisions in the next farm bill!

387 so far! Help us get to 500 signers!

Recent polling by Feeding America shows that 7 in 10 likely voters, with bipartisan support, want the federal government to do more to address food insecurity. Eighty-five percent of likely voters support increasing funding for The Emergency Food Assistance Program (TEFAP) and 80% agree it’s possible to invest in the Supplemental Nutrition Assistance Program (SNAP) while addressing other national priorities. You have an opportunity to help families and individuals access the food we all need to thrive by strengthening TEFAP and SNAP provisions in the next farm bill. This includes: - Doubling mandatory annual funding for TEFAP food purchases to help people facing hunger and support the U.S. agricultural economy. - Increasing annual funding for TEFAP storage and distribution to $200 million to help food banks offset the rising costs of storing, transporting and distributing nutritious foods from the U.S. Department of Agriculture. - Ensuring SNAP’s purchasing power aligns with rising grocery prices and provides adequate support during tough economic times. - Improving SNAP access for older adults, college students, veterans, working families, residents and other people who do not qualify for or are unable to participate in SNAP due to eligibility and enrollment barriers. - Improving assistance to individuals seeking employment by supporting effective state employment and job training programs and ensuring people have access to SNAP benefits as they find work. I support all of this. It’s important. We all do better when every American can thrive. Please make sure these priorities are met in the Farm Bill. Thanks.

▶ Created on January 26 by Jess Craven

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[transsolidarityproject]

Veteran Hotlines

Those who have served in the armed forces are eligible for additional services and benefits. Find out about relevant hotlines here. Support the project by reblogging or visiting transsolidarityproject.wordpress.com. Updated last: 11/30/2024

🇺🇳 211 @ 211.org / 211 / Referral and directory telephone service that connects callers with any/all resources that may be beneficial to their circumstances. 211 is available both in the entirety of the United States and Canada.

🇺🇸 American Red Cross Military and Veteran Services @ redcross.org / 877-272-7337 / Confidential services provided to veterans and their families in the United States through their local, state, and national offices.

🇺🇸 American Veterans for Equal Rights @ aver.us / 678-596-1311 / Nonprofit organization that specializes in supporting LGBTQIA+ US veterans.

🇧🇷 Associação de Veteranos das Forças Armadas @ avfab.org.br / 55-11-94235-1984 / Association based in Brazil to support veterans and their needs.

🇺🇸 Blue Alliance @ blue-alliance.org / US Charity that provides services and support to LGBTQIA+ veterans within the Air Force.

🇩���� Bundeswehr Social Welfare Services @ bundeswehr.de / 49-30-1824-24242 / National agency for armed forces and veterans in Germany.

🇬🇧 Combat Stress Helpline @ combatstress.org.uk / 0800-323-4444 / Registered British charity that offers counseling and treatment to veterans.

🇺🇸 DAV @ dav.org / 877-426-2838 / Organization that focuses on providing better services to disabled veterans within the United States.

🇦🇺 DEFGLIS @ defglis.com.au / Registered charity that supports and represents LGBTQIA+ veterans in Australia.

🇺🇸 Department of Defense Safe Helpline @ safehelpline.org / 877-995-5247 / Secure, confidential, and anonymous crisis support for members within the military and larger Department of Defense community affected by sexual assault.

🇺🇸 Department of Labor Veterans' Employment and Training Service @ dol.gov / 866-237-0275 / Service under the United States Department of Labor to enable veterans to find suitable and fulfilling work after service.

🇦🇺 Department of Veterans' Affairs General Enquiries @ dva.gov.au / 1800-838-372 / Support services to veterans in Australia.

🇩🇪 Deutscher BundeswehrVerband @ dbwv.de / 030-259-260-0 / Non-partisan institution in Germany that represents the interests of veterans and reservists.

🇮🇳 Ex-Servicemen Welfare Department @ desw.gov.in / Service provided by the Indian Ministry of Defense to support veterans.

🇳🇴 Forsvaret Veteran Contact Point @ forsvaret.no/ 91-50-30-03 / Official page of the Norwegian Armed Forces and support services provided to veterans.

🇬🇧 Help for Heroes Support Line @ helpforheroes.org.uk / 0300-303-9888 / Welfare program for veterans in the United Kingdom to provide members with healthcare, mental health counseling, finances, education, and community.

🇺🇸 Hire Heroes USA @ hireheroesusa.org / 844-634-1520 / Organization that connects United States veterans with employment support and various job opportunities.

🇮🇱 Israel Ministry of Defense Rehabilitation Department @ mod.gov.il / Agency under the government of Israel to protect and serve the nation as well as provide services to former members.

🇯🇵 Japan Self-Defense Forces Veteran Support Office @ mod.go.jp / 03-5366-3111 / Official site for the armed forces of Japan and support services for eligible veterans.

🇺🇸 Military OneSource @ militaryonesource.mil / 800-342-9647 / Official resource network for military members and veterans in the United States to access healthcare, education, counseling, transition care, and social services.

🇮🇳 Military Helpline India / 155306 / Service provided by the Indian Army to offer immediate support to soldiers and veterans.

🇺🇸 Modern Military Association of America @ modernmilitary.org / 202-328-3244 / Advocacy organization for LGBTQIA+ service members and veterans within the US.

🇺🇸 National Call Center for Homeless Veterans @ va.gov / 877-424-3838 / Official service operated by the United States Department of Veterans Affairs for veterans who are currently homeless or at risk of becoming homeless.

🇺🇸 National Center for PTSD @ ptsd.va.gov / Official education service and resource directory for United States veterans and civilians wanting to find out more about the effects of PTSD.

🇺🇸 National Veterans Legal Services Program @ nvlsp.org / 202-265-8305 / Collective of attorneys that provide their legal expertise for free to United States veterans.

🇫🇷 Office National des Anciens Combattants et Victimes de Guerre @ onac-vg.fr / Support agency under the Ministry of the Armed Forces in France to support and recognize veterans.

🇦🇺 Open Arms Veterans and Families Counseling @ openarms.gov.au / 1800-011-046 / The leading mental health assessment and counseling provider for veterans in Australia.

🇨🇦 Operational Stress Injury Connect @ veterans.gc.ca / 800-268-7708 / Official app by Veterans Affairs Canada to provide veterans with mental health education, management, and tools.

🇺🇸 Operation First Response @ operationfirstresponse.org / 888-289-0280 / Nonprofit charity in the United States that is committed to providing veterans and other first responders with emergency financial assistance.

🇺🇸 Real Warriors @ health.mil / 866-966-1020 / Program through the Defense Centers of Excellence for Psychological Health and Traumatic Brain Injury to provide information and resources on PTSD to United States veterans.

🇳🇿 Return and Services' Association Support Services @ rsa.org.nz / 1737 / Mission by the government of New Zealand to support veterans and their families.

🇿🇦 SAMVO Veterans Helpline @ samvo.international / International organization for service members and veterans of South Africa.

🇦🇺 Soldier On @ soldieron.org.au / Support agency in Australia that gives services to veterans and family members.

🇿🇦 South African Legion of Military Veterans @ salegion.co.za / 021-689-9771 / Welfare organization that serves veterans of South Africa with case management and accommodation.

🇺🇸 SPARTA @ spartapride.org / Transgender veterans association that focuses on educating and advocating on transgender-related issues within the United States armed forces.

🇬🇧 SSAFA Forcesline @ ssafa.org.uk / 0800-260-6780 / Confidential telephone service that provides emotional support to veterans within the United Kingdom.

🇸🇪 Swedish Veterans Federation @ swedishveteran.com / Association in Sweden that raises money for veterans and their families.

🇺🇸 Team Rubicon @ teamrubiconusa.org / 310-640-8787 / Veteran-led humanitarian organization in the United States that delivers disaster relief and aid across the country.

🇺🇸 Transgender American Veterans Association @ transveteran.org / 516-828-2911 / Transgender veterans organization in the United States that advocates for the rights and care for veterans.

🇺🇸 USA Cares @ usacares.org / 800-773-0387 / Emergency financial aid organization for United States veterans and their families.

🇺🇸 VA Benefits Hotline @ va.gov / 800-827-1000 / General hotline and inquiries information about United States veterans benefits.

🇺🇸 VA Caregiver Support Line @ caregiver.va.gov / 855-260-3274 / Free number dedicated to providing information and support to caregivers, family members, friends, community partners, and veterans themselves.

🇺��� Vet Center Call Center @ vetcenter.va.gov / 877-927-8387 / Confidential call center for combat veterans and their families to find support about transitioning to civilian life.

🇨🇦 Veterans Affairs Canada @ veterans.gc.ca / 866-522-2122 / Official service through the government of Canada to provide benefits and services to veterans.

🇳🇿 Veterans' Affairs New Zealand Helpline @ veteransaffairs.mil.nz / 0800-483-8372 / Primary agency that handles the benefits of New Zealand veterans.

🇺🇸 Veterans' Association @ va.gov / 800-698-2411 / Official United States agency that facilitates the benefits, services, and tools for veterans.

🇺🇸 Veteran's Crisis Line @ veteranscrisisline.net / 988+1 / Crisis line for United States veterans operated by the national 988 suicide prevention hotline, specialized for serving veterans.

🇳🇴 Veteran Forbundet SIOPS @ siops.no / 22-69-56-50 / Official veteran services agency under the government of Norway.

🇺🇸 Veterans of Foreign Wars Unmet Needs Program @ vfw.org / 866-789-6333 / Nonprofit American organization that provides financial assistance grants to actively serving military members for daily necessities.

🇬🇧 Veterans Gateway @ gov.uk / 0808-802-1212 / Official support and welfare program by the United Kingdom for armed forces veterans and their families.

🇮🇱 Zahal Disabled Veterans Organization @ zdvo.org / 972-3-646-1603 / Registered nonprofit organization in Israel that legally represents wounded and disabled veterans.

Enjoy this content and work? Consider helping out by sharing this blog or visiting transsolidarityproject.wordpress.com.

[heswrongshesright]

Smokeless Vets & Vote4America Special Guest Matt Kenney - HWSR Ep 93

In this episode of the 'He's Wrong She's Right Podcast,' hosts Andrew Lemacks and Nona Phelps sit down with Matt Kenny of 'Smokeless Vets' and 'Vote4America.' The discussion delves into the culture of smoking in the military, the challenges of quitting tobacco, and the impact of veteran engagement in civic duties like voting. Matt shares his own journey from military service to veteran advocacy, highlighting the importance of harm reduction strategies and the underrepresentation of veterans at the polls. The talk is interspersed with anecdotes about military life and reflections on the policy landscape, while also calling upon veterans to connect with their peers and take actionable steps towards healthier habits and civic participation.

Check out Smokeless Vets https://www.smokelessvets.org/ 

and Vote4America https://www.vote4america.org/ 

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00:00 Introduction and Personal Background

00:50 Welcome to the Podcast

01:07 Matt Kenny's Mission and Organizations

02:37 Transitioning from Military to Civilian Life

06:15 Smoking and Tobacco Use in the Military

08:38 Challenges and Strategies for Quitting Tobacco

13:58 Building and Growing Smokeless Vets

20:18 Engaging Veterans in Policy and Advocacy

31:20 Vote America: Encouraging Civic Participation

35:52 Navigating Voting Decisions as a Veteran

37:11 Challenges Faced by Homeless Veterans

38:31 Disconnection from Politics

39:11 Encouraging Veteran Voter Registration

41:58 Community Support for Veterans

49:09 Veteran Advocacy and Stolen Valor

56:17 The Importance of Checking on Battle Buddies

01:03:29 Transitioning Out of the Military

01:05:31 Final Thoughts and Call to Action

#AndrewLemacks #NonaPhelps #HWSR #MattKenney #SmokingCessation #VeteranAdvocacy #HealthAndWellness #VoteAmerica #VeteranSupport #MilitaryLife #QuitSmoking #NicotineAddiction #VeteranStories #MilitaryTransition #VeteranHealth #CommunitySupport #VeteranAwareness #VeteransMatter #HesWrongShesRight #QuitTobacco #MentalHealthMatters

[headlinehorizon]

Miss September 2024 in Pin-Ups for Vets: Sarah Lamp's Journey of Resilience

Discover the inspiring story of Sarah Lamp, a physicist and Air Force veteran who overcame her demons to feature in the renowned Pin-Ups for Vets calendar. Her journey highlights resilience and mental health advocacy.

[notdonner]

Advocating for the homeless veteran

Homelessness. The word itself conjures up all sorts of desperate images. Many who have not experienced homelessness are often one paycheck away (layoff or an economic recession) from such a fate. Some of these veterans whom I have encountered in the past, did not expect to be homeless, but due to marital issues, mental health challenges, the high cost of living, or addiction ended up in shelters…

[genderkoolaid]

President Joe Biden is commuting the sentences of roughly 1,500 people who were released from prison and placed on home confinement during the coronavirus pandemic and is pardoning 39 Americans convicted of nonviolent crimes. It's the largest single-day act of clemency in modern history. The commutations announced Thursday are for people who have served out home confinement sentences for at least one year after they were released. Prisons were uniquely bad for spreading the virus and some inmates were released in part to stop the spread. At one point, 1 in 5 prisoners had COVID-19, according to a tally kept by The Associated Press. [...] The clemency follows a broad pardon for his son Hunter, who was prosecuted for gun and tax crimes. Biden is under pressure from advocacy groups to pardon broad swaths of people, including those on federal death row, before the Trump administration takes over in January. He’s also weighing whether to issue preemptive pardons to those who investigated Trump’s effort to overturn the results of the 2020 presidential election and are facing possible retribution when he takes office. Those pardoned Thursday had been convicted of nonviolent crimes such as drug offenses and turned their lives around, White House lawyers said. They include a woman who led emergency response teams during natural disasters; a church deacon who has worked as an addiction counselor and youth counselor; a doctoral student in molecular biosciences; and a decorated military veteran. [...] Rep. Jim McGovern, D-Mass., and 34 other lawmakers are urging the president to pardon environmental and human rights lawyer Steven Donziger, who was imprisoned or under house arrest for three years because of a contempt of court charge related to his work representing Indigenous farmers in a lawsuit against Chevron. Others are advocating for Biden to commute the sentences of federal death row prisoners. His attorney general, Merrick Garland, paused federal executions. Biden had said on the campaign trail in 2020 that he wanted to end the death penalty but he never did, and now, with Trump coming back into office, it’s likely executions will resume. During his first term, Trump presided over an unprecedented number of federal executions, carried out during the height of the pandemic.

[eretzyisrael]

by POTKIN AZARMEHR

‘Pro-Palestine’ protests have become a near-weekly occurrence across Britain. Since Hamas’s 7 October massacre, regular marches have been drawing in a growing number of young people, marked by passionate advocacy and fervent slogans. Yet despite their zeal, many of these protesters lack a fundamental understanding of the conflict they are so vociferously decrying.

In the past six months, I have attended many of these marches. Having engaged with numerous protesters, I have noticed a startling disconnect between their strong opinions on the Gaza conflict and their shaky grasp of basic facts about it. Among the most perplexing are the LGBT and feminist groups (the ‘Queers for Palestine’ types) who flirt with justifying Hamas’s atrocities. This is a bewildering alliance, given that Hamas’s Islamist ideology is clearly antithetical to the rights and values these groups claim to champion. Its reactionary agenda is profoundly hostile to women’s rights and LGBT individuals.

Protesters seem eager to make excuses for Hamas, but are conspicuously uninformed about exactly what or who this terrorist group represents. On 18 May, during a protest at Piccadilly Circus in London, I spoke to demonstrators who firmly believed that Hamas represents all Palestinians. When I questioned a well-educated participant about the last Palestinian election, she was unaware that none had occurred since 2006, when Hamas gained power in Gaza.

It wasn’t just young people who were uninformed. An older woman with an American accent, seemingly a veteran protester, admitted she knew that Hamas was linked to the Muslim Brotherhood, but had no deeper knowledge of its ideology or history. Others, such as members of revolutionary socialist groups, displayed similar gaps in understanding, unaware of critical events like the 1979 Iranian Revolution.

That revolution gave birth to the Islamic Republic of Iran, a theocratic regime that brutally oppresses its own citizens. It also sponsors Islamist groups like Hamas. I left Iran for the UK not long after that regime began and have spent years resisting its religious extremism and ruthless political intolerance. Protesters were not only unaware of these facts about the Iranian regime, but also ill-informed about the struggle against it, such as the ‘Woman, Life, Freedom’ protests against the government that began in 2022.

One particularly telling conversation involved a man advocating for a ‘Global Intifada’ to replace capitalism with socialism. When asked about successful socialist models, he was unfamiliar with the Israeli kibbutzim, one of history’s few successful egalitarian experiments. His ignorance of these communal settlements in Israel, built by socialist Jewish immigrants, was all too typical.

Perhaps the most telling moment was captured by commentator Konstantin Kisin earlier this year, when he encountered a young man holding a ‘Socialist Intifada’ placard. The protester admitted he had no idea what this meant and that he had taken the sign simply because it was handed to him.

Reflecting on past movements, such as the American anti-Vietnam War protests of the 1960s and the British Anti-Apartheid Movement of the 1980s, one can’t help but note a stark contrast. Protesters then were generally well-informed about their causes. Today’s pro-Palestine protests, however, seem to be driven more by unthinking fervour than by an understanding of the issues at hand.

Throughout all these protests, I am yet to encounter a single participant who condemns Hamas or carries a placard denouncing its terrorism. This not only undermines the protesters’ cause, but also risks aligning them with groups whose values fundamentally oppose the very rights and freedoms they claim to support. It appears that today’s young protesters are high on ideology, but woefully thin on facts.

Potkin Azarmehr is an Iranian activist and journalist who left Iran for the UK after the revolution of 1979.

[libraford]

Queer communities in June: yay, it's pride month! Here's some things to be proud of! Here's our history! Here's some advocacy programs! Here's some resources! Here's some calls to action! Here's some things happening! Here's a party!

Some randos in june: we should have a month for veterans instead of a pride month!

Queer communities in july: -fucking exhausted from june-

Randos, july: pride month is over, fuck off gays- I'm so patriotic!

Randos, august: pride month was 2 months ago get over it, you should be supporting the vets.

Randos, september: why do you get a whole month to celebrate your perverse sexuality and the vets only get one day?

Randos, october: absolute insane that you're still rubbing your sexuality in our faces- june is over, deal with it!

Randos, november: we should have a veterans month, this is unfair! (November is Veterans Month and Military Families Month.)

Randos, december: why are the gays still talking and taking focus away from Jesus Christ's birthday?

Randos, january: you don't see me making everything about MY sexuality.

Randos, February: without veterans, you wouldn't even HAVE a pride month.

Randos, March: all we ever hear about is pride month, pride month, pride month- but none of you are supporting the troops!

Randos, april: we just want it to be fair- if you get a whole month to yourselves, the vets should have a month also.

Randos, May: it's absolutely insane that there's a month for the gays, but not one to honor the vets. (May is Military Appreciation Month.)

Queers in June: happy Pride month! We've got-

Randos, june: SHUT THE FUCK UP ABOUT PRIDE!!!

[reasonandempathy]

Trump Names Fox News Host Pete Hegseth to Head Pentagon, John Ratcliffe for CIA

Most important bits quoted below.

If confirmed by the Senate, Hegseth would take over the federal government’s biggest department with a budget that last year reached $850 billion, overseeing a workforce of nearly three million civilian workers and military service members, many deployed around the world. He has never held a senior government post, an issue likely to be raised at least by Democrats ahead of a vote on his nomination. Hegseth, 44, is a National Guard veteran from Minnesota who has been a commentator on Fox News for the past decade. He once led an advocacy group that sought to privatize healthcare provided by the Department of Veterans Affairs, leading Trump to consider him as VA secretary during his first term.

This is such a fucking shitshow. It's just gonna be full of dumb, incompetent loyalists. A god-damn Major is going to be in charge of the Pentagon, with no credentials other than:

Sucking up to and worshiping Trump on TV for a decade

Wanting to break up and privatize the VA, because veterans totally deserve to deal with private insurance companies

God damn.

[covid-safer-hotties]

Also preserved in our archive

By Betsy Ladyzhets

Since early in the pandemic, people with Long COVID have faced challenges in applying for disability benefits, including from their employers, insurance providers, and the U.S. Social Security Administration. Applications often take a long time and are denied even for people who clearly have debilitating symptoms, leading to years-long, arduous appeals processes. The same has been true decades prior to 2020 for people with other infection-associated chronic diseases.

To learn more about the disability insurance system, Betsy Ladyzhets spoke to Barbara Comerford, a long-time disability lawyer based in New Jersey who specializes in these cases. Comerford has represented people with myalgic encephalomyelitis (ME, also known as chronic fatigue syndrome or CFS), for more than 30 years, including high-profile cases like that of journalist Brian Vastag.

Comerford discussed how the process works, her advice for putting together applications and appeals, how Long COVID has impacted her practice, and more. This interview has been lightly edited and condensed for clarity.

Comerford’s tips for disability benefit applications:

Comerford recommends that people applying for benefits extensively document their symptoms. Medical tests such as neuropsychiatric testing and cardiopulmonary exercise testing are her recommended method for documentation, though she acknowledges that these tests can be expensive. Comerford suggests that applicants should be careful to find lawyers and medical providers who have experience with these cases and won’t dismiss their symptoms. During the appeals process, Comerford recommends requesting a company’s administrative record and combing through it for any evidence that they abused judgement, cherry-picked evidence, or made other errors in assessing the case. Make sure to follow deadlines for filing appeals, as cases are closed if documents are not submitted on time.

Barbara Comerford: Should we focus on disability insurance, or do you want to focus on social security disability, or both?

Betsy Ladyzhets: Both, because people [with Long COVID] are applying for both.

BC: Right. And often, people think they should only apply for one, [but they should apply for both.]

Most of the disability plans that people have are often through their employer. Those plans are known as ERISA plans, that refers to Employee Retirement Income Security Act. It was created in the 1970s… Congress created this regulatory scheme, and then immediately created a zillion loopholes that corporations can drive a truck through. Later, ERISA covered all employee benefits in general.

Insurance companies wound up selling policies to corporations saying, “You can get the best people if you offer incentives.” And what’s a better incentive than, if someone gets sick, they can collect a substantial percentage of their salary until full retirement age? These are the sorts of perks that… People think, “If something happens to me, I’ll be protected.” The promise of these policies is that they will give people, usually, between 50% and 80% of their pre-disability income if they satisfy the requirements. Well, that’s a big if.

I’ve been doing this for 38 years. And I can tell you that 38 years ago, these [disability claims] were not problem cases. I used to do them for free for my litigation clients… But over the years, and really starting after 2001 with September 11, all hell broke loose. They [insurance companies] began to get very aggressive. Every time there is an economic downfall, whatever it is, they get extremely aggressive. So you can imagine, with the onset of the pandemic, they knew what was coming.

I did, for many years, advocacy for ME/CFS cases. I represented thousands of people… A lot of my colleagues say, “Long COVID social security cases are almost impossible,” because they don’t know what to do with them. My office hasn’t found that to be the case. I think the difference is, you have to document these cases with as much objective documentation of symptoms that people have… Get neuropsych testing, cardiopulmonary exercise testing, and other tests.

I started doing webinars and seminars [about disability benefit applications] in 2020, because I knew this was coming. At that point, they weren’t calling it Long COVID, they were just saying, some people with COVID weren’t getting better. But I knew it was going to turn into another ME/CFS disaster.

BL: How have you found the rise of Long COVID has impacted your practice? Do you find you’re more in demand now?

BC: We’ve always had a high volume of cases. Quite a few of them were ME/CFS cases. We did a case, Vastag v. Prudential, in 2018. Brian Vastag, who was a science writer for The Washington Post, was my client, and I could not get over how aggressively Prudential was just dismissing him because it was an ME/CFS case.

And the same is happening with Long COVID. We do cases all over the country on Long COVID and ME/CFS. It’s my livelihood, so it’s important for me, but it also makes me a little crazy that people get treated the way they do and that they have to hire people like me.

One of the things that people get upset about is that they have to spend money to medically document their symptoms. And worse than that… I see these Long COVID clinics, with doctors who are completely ignorant on Long COVID, who surreptitiously write notes in the chart that they think it’s a psychiatric case. I don’t know how familiar you are with this.

BL: Unfortunately, I’m very familiar.

BC: It’s awful. Not only is it really hard on my clients… It triggers them to read things that might not be what they said or might not be pleasant. And the number of times that I have seen that and it has sabotaged cases! I have to reconstruct the cases and have the clients contact the clinic [and get them to make corrections].

Mental/nervous limitations exist in all of these [insurance] policies… They can limit someone’s payments to two years if the case is a psychiatric case or mental/nervous limitation with a DSM diagnosis.

BL: I wanted to ask also — there’s been a lot of research on Long COVID at this point, and there was a report this summer from the National Academies specifically in response to a request from the Social Security Administration about Long COVID as a disability, in which they found that this disease can result in inability to work, poor quality of life, all that stuff. Have you seen that report, or other research, like the growing body of research on these diseases, have an impact?

BC: I was asked to comment on that [report]. Part of the problem with Social Security’s initiatives in this regard is that every social security case goes through what they call “sequential evaluation process.” You have to go through five steps to determine whether or not someone’s disabled. And among those steps is [matching people to a “medical listing of impairments,” but the list doesn’t include major symptoms for ME/CFS and similar diseases].

Years ago, there was a ME/CFS ruling called 99-2p. It offered guidelines [for ME/CFS cases that don’t fit the typical Social Security process]. After that, I was asked to present to the national association of Social Security judges, there were 500 judges in the audience. And I asked, “By show of hands, how many of you are familiar with 99-2p?” Two hands went up.

Despite the guidelines, in practice, [the judges aren’t familiar with these diseases]. Until there is a time when we can come up with a firm diagnostic criteria for Long COVID, and we can say, “This is what you have to document for this illness.” … And it can’t just be a positive COVID test, because many people got sick before testing was prevalent or they got sick after people stopped documenting that they were positive.

The other problem for Long COVID cases is it’s not like cancer or a broken leg or herniated disc or something that people are accustomed to. Those people are not told they’re crazy. Those people are not told they’re imagining it. Those people are not told, “Well, we just don’t buy it.” This is what happens with [Long COVID] and ME/CFS. The psych component that they try to pigeonhole these cases into is really a master stroke by the insurance industry that spends billions of dollars trying to persuade people that anyone who files for these benefits is a crook or fraud.

BL: It’s infuriating, especially when you see how deeply people’s quality of life is impacted by these diseases.

BC: Yes, every part of their life is impacted.

BL: I see what you’re saying about needing diagnostic criteria. In this time where we don’t have that yet, what would you want to see the Social Security Administration or other government agencies do to make it easier for all these people who are applying for benefits with Long COVID and ME/CFS?

BC: They should [reevaluate] the sequential evaluation process, which has been there forever, and look at medically determinable impairment in the context of Long COVID and ME/CFS. These diseases can be documented by things like neuropsych testing.

I’ll quickly go through the five-step sequential evaluation process. The first step is, “Is the person engaged in substantial gainful activity?” That is something you can do predictably, something that will last at least 12 months, and something that leads to gainful work, where you get paid and you can report for a job either part-time or full-time. In Long COVID cases… you have to document that this person is not engaged in substantial gainful activity because they don’t know tomorrow if they’re going to be able to get up and get out of bed and take shower, never mind report for work.

If you satisfy step one, they go to step two. There, they ask, “Do you have the ability, in light of your disability, to perform basic work-related activity?” Sitting, standing, reaching, pushing, pulling, reading, concentrating, things of that nature. And, “Does the disability negatively impact your ability to do these things?” [You need medical evidence, which can come from] a physician’s evaluation from a Long COVID clinic, for example.

If you have that, you go to step three, which is where that horrible “medically determinable impairment” crap comes in. There isn’t {a specific listing} yet for Long COVID, although they’re talking about it. Frankly, we’re still waiting for them to do one for ME/CFS, so I’m not holding my breath. That’s the only step in the process where, if they don’t satisfy it, you can still move on to the next step.

The fourth step is, “Is this person capable of performing the work that they performed for the last five years?” Until June of this year, it was the last 15 years… So we go through each job they had, all their symptoms and limitations and why they can’t do [the job anymore]. If we document successfully that they can’t perform their past relevant work for the last five years as a result of their disability, we can then go to step five.

Step five, the burden shifts to the Social Security Administration. Social Security has to document that, in light of a person’s age, education, and work experience, that there is no work in the national economy that they could perform. [To do this], Social Security has a big graph called the “medical vocational guidelines.” And essentially, the younger you are, the more skills you have, the more education you have, and the more skills that are transferable, generally you are found not disabled. But the graph is not supposed to be used for cases that involve what we call non-exertional and exertional complaints together. Pain, fatigue, things of that nature are all part of the non-exertional limitation.

That is how we lift ME/CFS and Long COVID cases out of that graph. Despite the fact that many of our clients are very young, many of them are highly educated, many of them have developed skills that are not only transferable, but are also in high demand in the national economy — [we say that] because they can’t predictably perform sustained work of any kind, the grid should not be used to find them not disabled. But with all of this, every one of these cases, medical documentation of limitations is crucial. I can’t emphasize that enough.

BL: I know a lot of people in Long COVID community, they’ve already sent in their applications, and then it gets denied, and then they have to appeal. What is that process like, and how would you suggest people go about finding someone like you?

BC: It’s really important to do some research. You want to know if the doctor or attorney you’re dealing with has experience in these cases… I do [webinars and one-on-one education] for lawyers all the time, because I’d rather them hear what has to be done, and understand what happens if they don’t do it.

If I’m giving people advice on appeals… If it’s coming from a United States employer, you’re going to be governed by ERISA. That’s important because people might file a claim without knowing the exact company policy. Despite the fact that federal regulations require employers to give that information to employees, when someone gets sick and files a [short-term] disability claim, they are immediately cut off from the employee benefits portal [that has all the exact policy information]. So then I’ve got to write a letter to the employers, and fight to get that information.

You can’t even get discovery in these cases… Sometimes they will award benefits, and then six months in they’ll say, “We no longer believe you’re disabled.” Under ERISA, [employers and insurance companies] get all the advantages.

BL: It seems like people should know, if you’re filing against an employer, to save that policy information before you lose access to it.

BC: When you get the notice of a denial, you can request a complete copy of the administrative record. You are entitled to see everything that the insurance company had on the case, and under federal regulations, they have 30 days to produce it.

And then you have 180 days to appeal that [denial]. People say that’s a long time. It’s really not. Because you’ve got to go through thousands of pages of documents. You’ve got to document where they abuse their discretion. It’s not enough to have medical evidence… [The standard you have to push back on is that] the insurance company or the employer has a “reason” to deny the claim.

The lawyer’s job or the claimant’s job is to show all the examples they found in the administrative record that show [mistakes or poor judgement on the part of the insurance company or employer]… Sometimes, you will see reports of experts that they’ve retained to review the case, and the expert will say, “I think it’s a payable claim.” And then the next thing you find is them looking for another doctor who’s a little more receptive to their suggestions. If we see they’ve ignored the opinion of one of their experts, that’s an example of abuse of discretion and arbitrary, capricious conduct. Cherry picking the evidence is another thing you often see in these cases.

BL: So it’s not just sending your own medical records, you have to show that the company has messed up.

BC: The insurance company or the employer, whoever is paying, you have to show that they abused their discretion.

BL: Is there anything else, any other advice or resources you would give people?

BC: This is really important. If it’s an ERISA case and they do not get that appeal in within 180 days, they’re foreclosed from pursuing it any further… [It’s a big mistake] if you blow those time deadlines.

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[yourdailyqueer]

Robina Asti (deceased)

Gender: Transgender woman

Sexuality: N/A

DOB: 7 April 1921  

RIP: 12 March 2021

Ethnicity: White - American

Occupation: Flight instructor, activist, veteran, makeup artist

Note: Her advocacy changed government rules to allow transgender people to receive Social Security survivor benefits. In July 2020, Asti was awarded two Guinness World Records for being the oldest active pilot and active flight instructor.

[simply-ivanka]

Like many unfortunate things, the rise of advocacy took off with Donald Trump. As in many newsrooms, his election in 2016 was greeted at NPR with a mixture of disbelief, anger, and despair. (Just to note, I eagerly voted against Trump twice but felt we were obliged to cover him fairly.) But what began as tough, straightforward coverage of a belligerent, truth-impaired president veered toward efforts to damage or topple Trump’s presidency. 

Persistent rumors that the Trump campaign colluded with Russia over the election became the catnip that drove reporting. At NPR, we hitched our wagon to Trump’s most visible antagonist, Representative Adam Schiff. 

Schiff, who was the top Democrat on the House Intelligence Committee, became NPR’s guiding hand, its ever-present muse. By my count, NPR hosts interviewed Schiff 25 times about Trump and Russia. During many of those conversations, Schiff alluded to purported evidence of collusion. The Schiff talking points became the drumbeat of NPR news reports.

But when the Mueller report found no credible evidence of collusion, NPR’s coverage was notably sparse. Russiagate quietly faded from our programming. 

It is one thing to swing and miss on a major story. Unfortunately, it happens. You follow the wrong leads, you get misled by sources you trusted, you’re emotionally invested in a narrative, and bits of circumstantial evidence never add up. It’s bad to blow a big story.