By Peter Morley
NYDailyNews.com
It’s too late to save those who’ve died from COVID-19. We also can’t recoup the time we could have spent preparing our now-overburdened health-care system. But there’s one thing we can do: Preserve our country’s effective and trusted disability safety net, despite efforts by the Trump administration to dismantle it.
I’m hoping the president’s team has learned from its severe missteps in dealing with this pandemic and understands that many of the systems and processes in place do indeed work, if they’re properly implemented and supported. Now is not the time for more disruptions and freelancing of unproven theories.
I know our country’s disability system works because I’ve had to rely on it through numerous major health-care crises. Thirteen years ago, I was permanently disabled from an accident and had to undergo four spinal surgeries. In 2011, I survived kidney cancer and fought my way into remission after losing part of my right kidney. In 2013, I was diagnosed with lupus, which causes me severe fatigue; most days it’s a struggle to get out of bed.
I now manage over 10 preexisting conditions, take 38 medications and rely on self-injections of biologic medication to slow the progression of my diseases.
When I was able to work as a research analyst, I paid into Social Security, as we all do. While most people think of Social Security as only being there for retirement, it also provides payments to the long-term disabled who are unable to work. For six decades, administrative law judges (ALJs) across the U.S. have heard cases from claimants and made impartial eligibility decisions based on medical reports and knowledge about occupations and workplaces.
Medical experts think we’re about to see a major explosion in Americans with long-term disabilities because of this horrific virus. Scientific American reported that up to one in five COVID-19 patients have signs of heart injury; other science media report that some patients suffer from reduced lung capacity, leaving them “gasping for air when walking quickly.” These will be patients who will need to pursue disability claims.
I trust ALJs to decide which COVID-19 patients will be eligible for Social Security disability income.
Unfortunately, the Trump administration wants to put its thumb on the process through Executive Order 13843, which allows the Social Security Administration to discard the merit system for picking ALJs and instead allows it to choose any attorney with a license to make important disability decisions.
A distinguished group of lawmakers in the U.S. House and Senate are pushing back against this power grab by supporting the ALJ Competitive Service Restoration Act; it would preserve due-process protections for the American public by restoring the fair and unbiased administered hiring process for ALJs.
As Congress debates future recovery and stimulus bills, it should recognize that not every COVID-19 patient will be able to return to the workforce. These patients have had to overcome a lack of treatments, ventilators and masks. The least we can do for them is to protect the disability system that we know works.
Morley is a patient advocate based in New York City; he has testified numerous times before congressional committees regarding patient rights and needs.