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5/20/2007
I Wonder How They’re Going To Do That
Hugh has done a great job of fisking the Secure Borders, Economic Opportunity and Immigration Reform Act of 2007 McCain — Kennedy amnesty bill. A far better than I could do… himself being a lawyer and all. However, he brings up one point that I feel needs to be expanded on. From his post:
…I’m back to the nagging question of how in the world anyone thinks this paper, interview and follow-up-heavy process is really going to work? It makes sense that those under 16 and those over 65 don’t have to show evidence of continuous employment (601(m)(1)(B)) and that aliens with physical or mental disability as defined by the ADA get a pass (601(m)(1)(B)(iii), but each exception or special circumstance adds an enormous burden of investigation and paperwork to the already leaning tower of bureaucratic overload… [Emphasis added]
So, here’s my question; as I am someone who is intimately familiar with the social security disability system and the requirements they have before they will approve a disability claim, how will the federal government — specifically DHS and ICE – be able to keep up with the paperwork that will be involved in qualifying these illegals  as having a mental or physical defect.
I had a fairly obvious case… 5 months in the hospital, four of that five on life support, inability to walk more than 50 feet (which has since improved some), neurological deficits in all four limbs (for example: not being able to feel anything in either my hands or feet), chronic pain – both nerve pain and muscle/skeletal, and continuing lung problems – which have put me back on the vent four more times since then — to name a few of the problems. Given all of that, and limitless evidence to back it up – including five months of extensive hospital records, it still took a full year and two visits to their doctors to have my claim approved.
So, if it took social security a full year to figure out the obvious, how are DHS and ICE going to keep up with all of this?
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<< Take Me Back Home!
I have a child with special needs. We are in Texas. The waiting list for financial assitance of any type other than the basic what our health insurance and school district provide is 18 YEARS! The cost to care for my child if he attains an average life expectancy is 5 MILLION DOLLARS. No offense to any illegal alien with a bona fide disability, but until MY Country and MY Government can help MY LEGITIMATE CHILD, for whom we pay an estimated 75K a year in the hopes to give him a normal life, IF MY GOVERNMENT CAN’t HELP ME, and Can’t help the Social Security recipients we already have, and can’t find the wherewithall to fund our soldiers, HOW IN THE H—do they think they have credibility to pass this bunch of garbage? ENOUGH. Whatever it takes, I will work to take down anyone who votes for this nonsense during the next election cycle. If this goes through, we must work to recall the traitors that vote for it, and if that fails, kick them out the next election cycle and repeal whatever garbage they pass. To say my family is LIVID is an understatement.
Comment by margaret — 5/20/2007 @ 19:28
Margaret,
I agree completely. Check back in tomorrow or Tuesday. I hope to have more on how disabled immigrants — either legal or illegal — are handled right now.
Jim C
Comment by Jim — 5/20/2007 @ 19:36
The ADA definition of disability is far broader than Social Security’s (after all most disabled people are able to hold a job and don’t require Social Security to pay them a regular disablity check).
So anyone who gets a physician or psychologist to diagnosis them with depression or ADHD can claim they’re mentally disabled.
Comment by beowulf — 5/20/2007 @ 23:10
Beowulf,
Perhaps I’m a little too sensative about this subject, but I hope you are not suggesting that I’m a bum because I’m recieving a disability check. If you are I would submit to you that you don’t know me or my situation.
Second, regardless of what the ADA definition is, someone has to determine whether or not this theoretical illegal meets the definition of disabled… and then do the corresponding paperwork. Once again, if it took Social Security a year to figure out my case how are DHS and ICE supposed to keep up?
Jim C
Comment by Jim — 5/20/2007 @ 23:50
Jim, I don’t think Beowulf is suggesting that you’re a bum. I think he is simply pointing out is that the ADA definition is much broader than Social Security definition. That being the case the Social Security definition should probably be used, as many classifications under the ADA do not necessarily mean that a person can’t work.
If you think about it, it would appear that illegal immigrants are getting more protection than legal citizens if the ADA definitions are used. I can’t imagine that ICE will classify someone as disabled and then send them on their way with no government assistance. Instead, those “disabled” illegals will get benefits that aren’t open to legal citizens who have to qualify under stricter Social Security disability rules.
Comment by Shivv — 5/21/2007 @ 01:42
Giving 20 or so million people instant access to every government giveaway program only hastens a nation-wide Soviet Union style bankruptcy that is the logical end to all cradle-to-grave social setups. The disabled will suffer the most, of course, but the collapse wont seperate the deserving from the undeserving.
Comment by skep41 — 5/21/2007 @ 08:31
Do to a disabling motor vehicle accident I had to leave dental school with only 1 year left for my degree. To get SS Disability I was rejected (twice), appealed (twice) and finally had a hearing. Why? Because I’m over-educated.
When you’re under a certain ago (ie 40) your education is a factor in determining disability. If I had been a high-school graduate or drop-out I would have had less problems.
Given that most of the illegal aliens are uneducated, young and work in physically demanding jobs they are perfect candidates for SS disability.
Comment by sandy — 5/21/2007 @ 10:35
adding to my own comments:
I had to apply two times (in a 2 1/2 year period)
Was rejected both times.
Appealed the second rejection.
Was rejected again.
Went to a hearing.
Got the decision but the paperwork was wrong.
Took 2 years for correct paperwork to take effect.
Total time: 5 years.
Comment by sandy — 5/21/2007 @ 10:41
What I find very frustrating is that when my husband immigrated here from England, so we could marry (I didn’t want to leave America), they picked him over with a fine tooth comb.
He had to have every medical test in the book, aids, tb etc, and get all his shots again, that we get as children. They psych tested him, and interveiwed him three times, and only then di they consider his application. This was all required of him as a legal petitioner for citizenship.
The illegals who come here get to skip all of that. I know sort off topic, but it pisses me off, and is one more reason to boot them all. Leprosy and TB were all but erradicated in this country, not so now.
Jim, I’m glad you’re going better.
Comment by Jenn — 5/21/2007 @ 14:44
http://members.aol.com/_ht_a/mark24609/ataxia/ and I am acutely aware of the Social Security process. To receive social security benefits, most people are rejected the first couple of times, then a lawyer is required and it can take several years before a decision is made. SSDI makes the decision using a lot of criteria. I can just imagine the backlog will be much worse if a backlog of immigrant disabled are allowed to enter. Why would the United States accept immigrants with disabilities? costing even more to the taxpayer. If you have a preexisting condition you cannot get health care, so who would pick up the tab - the American taxpayer.
Comment by Mark Dias — 5/21/2007 @ 14:54
Mark,
The exception is for whether or not they have to show proof of employment history. My question is how will they determine who meets this exception, and how long it will take them to make that determination.
Jim C
Comment by Jim — 5/21/2007 @ 15:56
Jenn,
I have to concurr with you. My husband and his family are immigrants, and even though he and his brother both served in the US military they were tested, interviewed, background checked, interviewed again, interviewed again, required to take classes and demonstrate use of the English language.
Of course, my husband’s paperwork was lost twice, and rejected once (his name on his African birth certificate has his middle name, while his SS card has an initial) and he eventually resorted to making a few calls to a senator (and allowing his phrasing to make him appear to be a black contsituant) to get his citizenship. All the while of course, paying all US taxes and not qualifing for most benefits.
He is beyond livid. I can actually see the glow from his fuming ears from here, and he works 20 miles away.
Comment by SentWest — 5/22/2007 @ 12:47
I am always amazed by bureaucratic overload of many government departments in one of the most entrepreneurial country in the world.
Comment by Darius Australia — 5/28/2007 @ 18:10