Former SSA ME Sentenced To Years In Federal Prison For $1.5 Million Fraud

( Wed, 29 May 2013 10:46:43 PST)

SAN DIEGO (CNS) - Doctor  Roberto J. Velasquez, a clinical psychologist, from National City,CA was sentenced Wednesday, May 29th, to nearly two years in federal prison for fraudulently obtaining government disability benefits via a scheme in which the Social Security Administration was swindled out of at least $1.5 million.

While handing down the 21-month custody term in federal court in downtown San Diego, Chief District Judge Barry Ted Moskowitz also ordered Doctor Velasquez, 55, to repay the funds he illicitly obtained.

Over a six-year period beginning in 2006, Velasquez falsely certified that dozens of able-bodied patients were disabled, according to court documents.

To further the fraud, Velasquez made up patient histories, fabricated test results, suggested symptoms and complaints that did not exist, and intentionally underestimated patient scores on standardized tests, prosecutors said.

In exchange for each false report, Velasquez charged his patients a $200 kickback, according to the government.

In his plea agreement, the defendant, who was arrested in the case 13 months ago, admitted that he faked disability-exception forms used by the Department of Homeland Security during naturalization processes.

Doctor Velasquez's false certifications allowed immigrants to avoid taking civics and English-language portions of the U.S. citizenship exam, prompting the Department of Homeland Security to grant exemptions to about 50 applicants who were not actually disabled.

According to court documents, Doctor Velasquez coached his patients to skirt the citizenship requirements by instructing them to use poor English during interviews and avoid mentioning that they had college educations.

He also lied, prosecutors said, about the length of time he had been treating his patients, in order to falsify a record that would satisfy reviewers at the Social Security Administration, where he previously had worked as a consultant. (He was probably an expert medical witness.)
In addition, Doctor Velasquez conceded that he submitted phony medical reports to the Social Security Administration, falsely certifying that certain patients were eligible for disability benefits when he knew they were not, and admitted that roughly one-third of his patient files contained false statements and bogus certifications of disability.

The fraud was uncovered through an undercover operation conducted by the Department of Homeland Security, Immigration and Customs Enforcement/Homeland Security Investigations and the Office of Inspector General in the Social Security Administration.

The prosecution was part of the U.S. Attorney's Health Care Fraud Initiative.

The Judge Who Could Not Say No

HUNTINGTON, W.Va.—Americans seeking Social Security disability benefits will often appeal to one of 1,500 judges who help administer the program, where the odds of winning are slightly better than even. Unless, that is, they come in front of David B. Daugherty.

The Herald-Dispatch

Judge David B. Daugherty

In the fiscal year that ended in September, the administrative law judge, who sits in the impoverished intersection of West Virginia, Kentucky and Ohio, decided 1,284 cases and awarded benefits in all but four. For the first six months of fiscal 2011, Mr. Daugherty approved payments in every one of his 729 decisions, according to the Social Security Administration.
The judge has maintained his near-perfect record despite years of complaints from other judges and staff members. They say he awards benefits too generously and takes cases from other judges without their permission.
Staffers in the Huntington office say he hears a disproportionate number of cases filed by one area attorney. Mr. Daugherty has been known to hold hearings for as many as 20 of this lawyer's clients spaced 15 minutes apart.
Mr. Daugherty is a standout in a judicial system that has lost its way, say numerous current and former judges. Judges say their jobs can be arduous, protecting the sometimes divergent interests of the applicant and the taxpayer. Critics blame the Social Security Administration, which oversees the disability program, charging that it is more interested in clearing a giant backlog than ensuring deserving candidates get benefits. Under pressure to meet monthly goals, some judges decide cases without a hearing. Some rely on medical testimony provided by the claimant's attorney.
This breakdown is one reason why Social Security Disability Insurance—one of the federal government's two disability programs—is under severe financial strain. It paid a record $124 billion in benefits in 2010 and is on track to become the first major entitlement program to go bust. Government officials said last week it is expected to run out of money in 2018.

Social Security Disability Awards

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The U.S. program's tribulations come as other countries are trying to limit the costs of their disability programs. In the U.K., officials have proposed requiring routine re-evaluations of people with disabilities to see if their conditions have changed. Australia has proposed that some beneficiaries participate in job-training programs, with the goal of eventually moving them off government support.

American applicants for disability benefits must first seek approval from state officials, who play a lead role in an initial review. Applicants twice denied can then appeal to one of the Social Security Administration's administrative law judges. The judges are appointed by the federal agency after a competitive exam and screening process.
Hearings, which aren't open to the public because of medical-privacy rules, typically last an hour and include either the judge or the applicant's attorney questioning the petitioner. Medical or employment experts can testify, too. Judges consider an applicant's health, age, education and job prospects before making a legally binding decision.
The average disability-benefit approval rate among all administrative judges is about 60% of cases. But there are Daugherty equivalents dotted across the country. In the first half of fiscal 2011, 27 judges awarded benefits 95% of the time, not counting those who heard just a handful of cases. More than 100 awarded benefits to 90% or more of applicants, according to agency statistics.
Mr. Daugherty, 75 years old, processes more cases than all but three judges in the U.S. He has a wry view of his less-generous peers. "Some of these judges act like it's their own damn money we're giving away," Mr. Daugherty told a fellow Huntington judge, Algernon Tinsley, who worked in the same office until last year, Mr. Tinsley recalled.

Damian Paletta

Judges and local attorneys have complained about the volume of disability cases brought before Judge Daugherty by one lawyer, Eric C. Conn.

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Mr. Daugherty, in a written response to questions about the comment, said such a phrase is "more or less a standing joke" among disability-benefit review offices around the country. "No more, no less."
He said every decision he makes "is fully supported by relevant medical reports and physical and/or mental residual functionary capacity assessments from treating or examining doctors or other medical professionals."
When asked about Mr. Daugherty, Social Security Administration Commissioner Michael Astrue said in an interview there were several "outliers" among administrative law judges, but that he has no power to intervene because their independence is protected by federal law. Their appointments are lifetime.
"We mostly have a very productive judiciary that makes high-quality decisions, and we've got some outliers and we've done what we can," said Mr. Astrue. "Our hands are tied on some of the more extreme cases."
Social Security Administration officials acknowledge they are trying to clear a backlog of 730,000 cases. But they say they remain focused on ensuring taxpayer money isn't wasted. "We have an obligation to the people in need to provide them their benefits if they qualify, but we also have an obligation to the taxpayer not to give benefits to people who don't qualify," Mr. Astrue said.
Following inquiries from The Wall Street Journal, the Social Security Administration's inspector general's office launched an investigation into Mr. Daugherty's approval rate, according to several people briefed on the matter. Mr. Daugherty said he isn't aware of any investigation.

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Sholten Singer

Judge Daugherty, left, an active member of the Huntington, W. Va., community, performed in a recent play.

Social Security, with an $800 billion annual budget, is one of the government's largest expenses, and is best known for sending monthly payments to retired Americans. But it also pays disability claims for 18 million people each year, with numbers pushed higher because of the recent recession. The federal government runs two separate programs to assist people unable to work because of a debilitating mental or physical disability.
For some, applying for benefits can be an agonizing process that takes more than two years. Benefits are modest—they can run around $1,000 a month—but come with access to government-run health plans Medicare and Medicaid. Analysts estimate the total package costs $300,000 over a beneficiary's lifetime.
To clear the backlog of cases, the Social Security Administration in 2008 pushed judges to move between 500 and 700 cases a year, something less than half of judges were managing at the time, according to Mr. Astrue, the commissioner. To compensate, judges began making many decisions "on the record," which means they grant benefits to applicants without meeting them, hearing testimony or asking questions, according to several judges. This has been a favorite approach for Mr. Daugherty, people who have worked with him say.
Mr. Daugherty doesn't dispute the characterization, and said in these circumstances he weighs "the evidence in the same manner as in cases requiring a hearing." He said the process "saves the agency a great deal of money and work hours."
The Social Security Administration "cares only about number of resolutions; quality is no longer a serious concern," James S. Bukes, a Pittsburgh administrative law judge, wrote in a recent letter to the House subcommittee that oversees Social Security. Mr. Bukes, who approved 46% of disability applicants through the first half of this fiscal year, said the system "wastes millions of dollars by granting claims that are not meritorious."
Mr. Daugherty became a Social Security judge in 1990 after serving as an elected Cabell County circuit court judge during he 1970s and 1980s. Born and raised in Huntington, he introduces himself as "D.B.," according to program notes for a recent local production of "Titanic: The Musical," in which Mr. Daugherty played John Jacob Astor. He's also a devotee of karaoke.
"He is a very, very well respected man in the community," said Nancy Cartmill, president of the Cabell County Commission. "He's been there for years."
In 2005, he reached 955 decisions, approving benefits in 90% of the cases. From 2006 through 2008, he decided 3,645 cases, approving benefits roughly 95% of the time. Last year, at 99.7%, he had one of the highest award rates in the country, and is on pace to award even more benefits in 2011, according to agency statistics.
As Mr. Daugherty's numbers rose, judges, staff and local attorneys began complaining about the volume of cases brought before the judge by one Kentucky lawyer.
The lawyer, Eric C. Conn, runs his Social Security practice out of a collection of connected mobile homes in Stanville, Ky., where he erected a giant statue of Abraham Lincoln in the parking lot. His smiling face adorns billboards up and down U.S. Highway 23, and his slogan is "he gets the job done." Mr. Conn hired Mr. Tinsley, the former Huntington judge, and promotes him on local billboards, too. Mr. Conn often brings an inflatable replica of himself to events. His website address is mrsocialsecurity.com.
Judges and staff in the Huntington office have complained to supervisors that Mr. Daugherty assigns himself Mr. Conn's cases, including some that were assigned to other judges, two former judges and several staff said. Cases are supposed to be assigned randomly.
According to a court schedule of Mr. Daugherty's day reviewed by The Wall Street Journal dated Feb. 22, 2006, Mr. Daugherty held 20 hearings spaced 15 minutes apart for Mr. Conn and his clients in a Prestonsburg, Ky., field office. Such days can be a bonanza for lawyers: The average fee for one approval is between $3,000 and $3,500 and can go as high as $6,000.
"The Conn situation was something we really harped on," said Jennifer Griffith, a master docket clerk in the office until she left in late 2007. "We made sure management knew about it. We gave them every chance to come up with some sort of logical explanation or to get it to stop, and that never happened."
Mr. Daugherty said he prefers a crammed timetable because he is dyslexic and must fit all of his hearings within four or five days each month because he "simply cannot spend that much time in the courtroom."
Holding hearings within just a few days "allows me sufficient time to review and prepare for hearings, resulting in full and complete knowledge of the documents in the case prior to hearing," he added.
Huntington's chief administrative judge, Charlie Andrus, said he was notified on four occasions of Mr. Daugherty either taking cases assigned to other judges or taking unassigned cases. Mr. Andrus said he issued a written directive on April 29 that "no case was to be reassigned between judges by anyone unless I gave specific permission."
Mr. Daugherty said he believed judges could take cases "so long as no other [administrative law judge] had seen or reviewed the file." He said he was "recently reminded that that is no longer true and I promptly returned the cases to the original assignees."
Stephen Sammons, 37, of Mavisdale, Va., said he injured his neck and back in a truck accident in 2001. He continued working until 2008 when the pain became unbearable, he said. He quit his job and filed for disability benefits.
Several doctors authorized by the Social Security Administration to look at his injuries disputed his claim that his condition was caused by the accident. He retained Mr. Conn, and the case ended up before Huntington judge Toby J. Buel Sr., who rejected the claim in February 2010.
Mr. Conn resubmitted Mr. Sammons' claim, and Mr. Sammons said he was surprised when Mr. Conn's office called and said he wouldn't have to appear before the judge and would only have to see a doctor, selected by Mr. Conn. The new medical records were filed to Mr. Daugherty, who approved the case without Mr. Sammons having to appear.
Mr. Daugherty declined to comment on the case.
A possible connection between Messrs. Daugherty and Conn is a subject of the inspector general's investigation, according to two people familiar with the probe. Neither Messrs. Conn or Daugherty have been accused of wrongdoing. Mr. Daugherty said he has "absolutely not" received anything of value from Mr. Conn or his associates for processing the lawyer's cases. He said he has denied a "goodly number" of Mr. Conn's cases over the years, though he couldn't provide a specific figure.
Mr. Conn declined multiple interview requests, and didn't respond specifically to written questions. In a statement, he said he had "not been contacted by any one indicating any investigation being conducted."
He added: "I have tried very hard in my 18 years of being a lawyer to represent my clients and the profession honestly and ethically seeking results based on the merits of my client's cases and the results that come from hard work and not from any improper conduct."
Some former judges and staff said one reason Mr. Daugherty was allowed to continue processing so many cases was because he single-handedly helped the office hit its monthly goals. Staff members can win bonuses and promotions if these goals are surpassed as part of performance reviews.
Dan Kemper, who began working as a judge in the Huntington office with Mr. Daugherty in 1990, said the Social Security agency's management refused to intervene because of the numbers Mr. Daugherty delivered for the office. He said he complained for years about the number of cases Mr. Daugherty approved without interviewing applicants. Mr. Kemper, who was known in the area as "Denying Dan" for his relatively strict approach, retired in 2007 because he felt the system was unfair.
"The only way you could really get that many cases out was to grant them all, because it was so much easier," Mr. Kemper said.
In late April, the Huntington office held 50 of Mr. Daugherty's cases—all approvals for Mr. Conn's clients—so they could be processed in May, because the office had already hit their monthly goal, people familiar with the matter said. Those applicants will have to wait an additional month to receive benefits. Mr. Conn, who receives a percentage of the back pay owed to his clients, will collect more fees because of the delay. The Huntington office will get a head start on the next month's target.
Mr. Daugherty said cases are held to space out his approvals, which he attributed to "the 'numbers game' that most, if not all, federal agencies are subject to."
Mr. Andrus said cases weren't held to meet monthly numbers. He said Mr. Daugherty's cases can be held because other applicants might have been waiting longer for benefits and those cases might take priority.
In a brief telephone interview in April, Mr. Daugherty blamed high poverty rates especially in Eastern Kentucky for his large case load and high approval rate.
"People would really be surprised at how little education those people have," he said. "If they have a fourth-grade education, they couldn't get a job if their lives depended on it."
Written by Damian Paletta, WSJ, at damian.paletta@wsj.com

States With The Most People Receiving Social Security Disability

English: A collection of pictograms. Three of them used by the United States National Park Service. A package containing those three and all NPS symbols is available at the Open Icon Library (Photo credit: Wikipedia)

The number of Americans receiving Social Security Disability Insurance (SSDI) more-than doubled over the past two decades, from 5.2 million to 11.7 million by the end of 2011.
The number of residents receiving disability insurance from the
Social Security Administration (SSA) varies from state to state. In West
Virginia, close to one in every 10 people aged 18 to 64 was receiving
SSDI benefits from the federal government, more than three times the
rate in states like Utah and Alaska.
The proportion of eligible workers applying for disability benefits
also has doubled in the past 10 years, according to the SSA. Two main
reasons are driving the increase, explains The National Association of
Social Security Claimants’ Representatives. First, baby boomers are
entering years in which they are more prone to disability. Second, women
who began to work in greater numbers in the 1970s and 1980s are also
now eligible for disability through Social Security for the first time.
However, changing demographics only partially explain the increase.
Tad DeHaven, budget analyst at the Cato Institute, a libertarian think
tank, explained that the recession played a major role in the growth in
disability claims. “When you see unemployment rates rising, you see
disability moving with it,” DeHaven noted.
In fact, states with the highest disability claims tend to have the
highest poverty rates and the fewest jobs offering competitive wages.
Seven of the 10 states with the most residents receiving disability have
among the highest poverty rates in the country. The number of jobs in
these states in manufacturing and retail, which tend to pay modest
wages, are above the national average. Meanwhile, jobs in finance and professional occupations are scarce.
While it is true that disability claims rise when the economy is in
trouble, disability claims also skew the unemployment rate. The vast
majority of disability claimants do not work and are therefore not
counted as part of the labor force, which the government uses to
calculate unemployment. Of the 10 states with highest proportion of 18
to 64 year olds on Social Security disability, seven have among the
lowest labor force participation rates in the country. Unemployment
rates in these states, six of which are already above the national
average, would be even higher if those on disability were counted.
In principle, the reason Americans apply for disability is because
their health prevents them from working. A review of a recent
Gallup-Healthways survey shows that nearly these states with the highest
rates of disability are in the top 10 for serious conditions, including
heart attacks, diabetes, hypertension and recurring knee, leg and back
pain. West Virginia, the state with the highest disability rate, had
either the highest or the second-highest rate in the country for all of
these conditions.
Residents in these states find it hard to get a job that will pay
much more than disability with their work experience, education and
health condition, explained Gary Burtless, economist and senior fellow
at the Brookings Institution. “In states like Alabama and West
Virginia,” Burtless said, “lots of the workers are going to be in
occupations where the next job they obtain — if they do stick it out and
work through the pain and the disability — is one that is going to pay
considerably less than the last job that they held.”
To determine the 10 states with the most residents getting disability
benefits, 24/7 Wall St. relied on figures published by the Social
Security Administration in its Annual Statistical Report on the Social
Security Disability Insurance Program for December 2011, the most recent
available data. We only considered the number of claimants and average
payment from the SSA. Unlike SSA, Supplemental Security Income, another
federal disability program, provides financial support to low-income
residents, children and senior citizens, regardless of work history.
Statistics on labor force participation and average annual unemployment
rates were provided by the Bureau of Labor Statistics for 2011. Figures
for the percentage of residents suffering from a specific disease or
condition are from the Gallup-Healthways Well Being Index. Education,
income and poverty statistics are from the U.S. Census Bureau.
These are the states with the most Americans on disability.
10. Michigan
> Pct. receiving disability benefits: 6.0%
> Pct. with recurring neck and back pain: 32.3% (12th highest)
> 2011 labor force participation: 60.3% (7th lowest)
> 2011 unemployment: 10.4% (tied for 6th highest)
At the end of 2011, disabled workers in Michigan received in total $390 million a month from SSDI,
more than all but five other states. The state not only had a
relatively high number of disabled workers, but also paid them more than
most states. On average, disabled workers in Michigan received $1,166
per month in December 2011 from SSDI, more than in all but three other
states. Nearly 23% of these recipients received more than $1,600 per
month from the program, more than anywhere in the country except New
Jersey. Between 2006 and 2011, Michigan’s labor force participation rate
declined by five percentage points, from 65.3% to just 60.3% of the
population.
9. Missouri
> Pct. receiving disability benefits: 6.1%
> Pct. with recurring neck and back pain: 30.5% (24th lowest)
> 2011 labor force participation rate: 65.0% (25th highest)
> 2011 unemployment rate: 8.4% (22nd highest)
Missouri had an average unemployment rate of 8.4% in 2011, lower than
the nationwide rate of 8.9%. Many jobless adults were actively seeking a
job, a fact that qualifies them received Medicaid or Temporary
Assistance for Needy Families (TANF). Still, Missouri was contemplating a
welfare transfer program that would move Medicaid and TANF recipients–
who must be be employed or taking steps towards employment — onto
federal disability programs. To assist in implementing the plan,
Missouri would hire
Public Consulting Group, which touts its ability to improve the rate at
which states’ residents are approved for disability benefits. Opponents
of the plan say the initiative would trap families in poverty.
8. South Carolina
> Pct. of working age population with benefits: 6.3%
> Pct. with recurring neck and back pain: 30.1% (20th lowest)
> 2011 labor force participation rate: 60.0% (6th lowest)
> 2011 unemployment rate: 10.4% (tied for 6th highest)
South Carolina had one of the nation’s highest poverty rates in 2011,
when nearly 19% of the population lived below the poverty line. It also
had one of the nation’s lowest median annual household incomes, at just
over $42,000. South Carolina not only had one of the nation’s highest
average unemployment rates in 2011, but also one of the lowest labor
force participation rate (unemployed workers actively seeking a job).
Meanwhile, few other states had a larger percentage of workers receiving
SSDI benefits, which does not require recipients to actively look for a
job. State residents were among the most likely to attribute their disability
to diseases affecting the musculoskeletal and circulatory systems, such
as back pain. South Carolina residents were among the most likely to
have high cholesterol or blood pressure, or to have been diagnosed with
diabetes in 2012.
7. Tennessee
> Pct. of working age population with benefits: 6.5%
> Pct. with recurring neck and back pain: 32.4% (11th highest)
> 2011 labor force participation rate: 62.7% (16th lowest)
> 2011 unemployment rate: 9.3% (15th highest)
Tennessee had more than 260,000 Social Security disability
beneficiaries between the ages of 18 and 64 as of the end of 2011. As a
result, disabled workers in the state received a total of $261.5
million in December 2011 from SSDI. Beneficiaries in Tennessee were
among the most likely in the nation to receive benefits due to diseases
of the circulatory system. According to a Gallup-Healthways survey,
state residents were among the most likely in the nation to have
diabetes or high cholesterol or to have had a heart attack in 2012.
6. Maine
> Pct. of working age population with benefits: 7.4%
> Pct. with recurring neck and back pain: 33.0% (10th highest)
> 2011 labor force participation rate: 65.2% (24th highest)
> 2011 unemployment rate: 7.7% (22nd lowest)
Although a large percentage of Maine residents received SSDI benefits
in December 2011, the typical payment was limited. The monthly disability benefit
in Maine was just $1,030 on average, the lowest in the nation. Just
11.5% of those with benefits received at least $1,600, the lowest
proportion in the nation and well below the 17.2% nationwide that
December. More than 43% of residents who received disability at the end
of 2011 were diagnosed as disabled due to a mental disorder, one of the
highest in the nation and well above the 35.8% average for all areas.
5. Mississippi
> Pct. of working age population with benefits: 7.7%
> Pct. with recurring neck and back pain: 30.3% (23rd lowest)
> 2011 labor force participation rate: 59.6% (4th lowest)
> 2011 unemployment rate: 10.5% (4th highest)
Mississippi had the highest poverty rate in 2011 with 22.6% of
residents living below the poverty line. Additionally, the state’s
median annual household income that year was the lowest in the nation at
slightly less than $37,000. Many residents could not find a job even if
they were actively looking. In 2011, Mississippi’s average unemployment
rate was the nation’s fourth highest. Additionally, a mere 59.6% of the
population participated in the workforce as of 2011, the fourth lowest
percentage of all states. Potentially related to the state’s high levels
of poverty, as well as obesity, 11.3% of SSDI beneficiaries suffered
from a circulatory system disease in December 2011. This was the highest
of any state, and well above the 7.7% of beneficiaries nationally.
Also Read: Workers Taking the Most Sick Days
4. Kentucky
> Pct. of working age population with benefits: 8.1%
> Pct. with recurring neck and back pain: 34.8% (5th highest)
> 2011 labor force participation rate: 61.5% (10th lowest)
> 2011 unemployment rate: 9.5% (12th highest)
More than 19% of Kentucky’s population lived in poverty in 2011, a
higher percentage than all but four states. Many people in Kentucky may
not have the means to get well-paying work. Just 83.1% of people have at
least a high school diploma, the sixth lowest percentage of all states.
Meanwhile, just 21.1% of adults have at least a bachelor’s degree, the
fifth lowest percentage of all states. As of 2011, just 61.5% of
Kentuckians were considered to be in the labor force, among the lowest
rates in the nation. In a well-publicized case, a Kentucky judge, David
Daugherty, was accused in a civil suit filed in February of improperly
approving Social Security benefits in order to help local attorney Eric
Conn, arguably the most prominent disability lawyer in the region,
receive millions of dollars from the federal government for handling these cases.
3. Alabama
> Pct. of working age population with benefits: 8.1%
> Pct. with recurring neck and back pain: 34.6% (6th highest)
> 2011 labor force participation rate: 58.5% (2nd lowest)
> 2011 unemployment rate: 8.7% (19th highest)
Alabama was one of the nation’s poorest states as of 2011, with a
median annual income of just $41,415. Additionally, educational
attainment in the state was limited, with just 82.7% of all residents
holding a high school diploma and just 22.3% a college
degree in 2011. That year, the state’s average unemployment rate was
8.7%, slightly lower than the U.S. average rate of 8.9% for the year.
However, just 58.5% of the population participated in the labor force as
of 2011, lower than all states except for West Virginia. In December
2011, SSDI recipients in Alabama were far more likely to receive
payments due to diseases of the circulatory system or the
musculoskeletal system than recipients in the large majority of other
states. Alabamians were among the most likely Americans surveyed in 2012
to state they had experienced a heart attack or were diabetic.
2. Arkansas
> Pct. of working age population with benefits: 8.2%
> Pct. with recurring neck and back pain: 36.1% (2nd highest)
> 2011 labor force participation rate: 60.4% (8th lowest)
> 2011 unemployment rate: 7.9% (24th lowest)
In 2011, the median annual income
in Arkansas was just $38,758, the third lowest of all states in the
United States. Arkansas is also among the least educated states in the
country. Workers with limited education and who are out of work
generally have a harder time getting back to work. For instance, just
20.3% of Arkansas residents had at least a bachelor’s degree, lower than
all but two other states. An estimated 31.6% of SSDI recipients in
Arkansas had musculoskeletal system disease in December 2011, more than
any other state except for Alabama. Meanwhile, more than 9% of
recipients had diseases involving the circulatory system, higher than
all but six other states.
1. West Virginia
> Pct. of working age population with benefits: 9.0%
> Pct. with recurring neck and back pain: 39.0% (the highest)
> 2011 labor force participation rate: 54.1% (the lowest)
> 2011 unemployment rate: 7.8% (23rd lowest)
No state had a higher percentage of working age people receiving SSDI
benefits than West Virginia. In addition, the benefits received from by
the federal government were more generous compared to most states. The
average monthly benefit of more than $1,140 in 2011 was the 10th highest
of all states. Almost 21% of recipients received monthly benefits of at
least $1,600, a higher percentage than all but three states. Like most
states on this list, West Virginia is among the less-educated states in
the country. Just 18.5% of the adult population had a bachelor’s degree,
the lowest percentage of all states. Also, few residents in the state
had jobs. Just 54.1% of residents were considered part of the labor
force in 2011, by far the lowest percentage of any state in the nation.

 In the fiscal year that ended in September 2011, Social Security Administrative Law Judge David B. Daugherty, who sits in the impoverished intersection of West Virginia, Kentucky and Ohio, decided 1,284 cases and awarded benefits in all but four. For the first six months of fiscal 2011, Mr. Daugherty approved payments in every one of his 729 decisions, according to the Social Security Administration. Mr. Daugherty, 75 years old, processes more cases than all but three judges in the U.S. He has a wry view of his less-generous peers. “Some of these judges act like it’s their own damn money we’re giving away,” Mr. Daugherty told a fellow Huntington judge, Algernon Tinsley, who worked in the same office until last year.
 Judge David B. Daugherty said every decision he makes “is fully supported by relevant medical reports and physical and/or mental residual functionary capacity assessments from treating or examining doctors or other medical professionals.” Mr. Daugherty became a Social Security judge in 1990 after serving as an elected Cabell County circuit court judge during he 1970s and 1980s. Born and raised in Huntington, he introduces himself as “D.B.”. “He is a very, very well respected man in the community,” said Nancy Cartmill, president of the Cabell County Commission. “He’s been there for years.”
In 2005, he reached 955 decisions, approving benefits in 90% of the cases. From 2006 through 2008, he decided 3,645 cases, approving benefits roughly 95% of the time. In the 2009 year, at 99.7%, he had one of the highest award rates in the country; and maintained the same pace in 2010 and 2011, according to agency statistics.
Judge Daugherty blamed high poverty rates especially in Eastern Kentucky for his large case load and high approval rate.
“People would really be surprised at how little education those people have,” he said. “If they have a fourth-grade education, they couldn’t get a job if their lives depended on it.”

TheJudge And His Husband

Border Guards Picked on the Wrong Judge And His Husband

By MATT REYNOLDS

May 20, 2013

     LOS ANGELES (CN) - An administrative law judge (ALJ) for the NLRB and his husband sued U.S. Customs and Border Protection for $3 million, claiming an officer asked to see their marriage certificate at the border, and assaulted them when they complained.
     William Kocol and Timothy Gajewski sued Several Unnamed U.S. Customs and Border Protection Officers in Federal Court, alleging assault and battery, unlawful detention, slander, intentional infliction of emotional distress, and constitutional violations.
     Kocol, an administrative law judge (ALJ) for the National Labor Relations Board (NLRB), and Gajewski, an architect, were legally married in Beverly Hills in 2008.
     They claim that CBP officers singled them out in December 2012 at Los Angeles International airport after a trip to Puerto Vallarta, Mexico.
     After Kocol handed a Customs officer a Customs card "indicating that he was the 'head of household,' and was traveling with one family member," the plaintiffs say they were asked to explain their relationship.
     "Plaintiff Gajewski said 'husband' and then plaintiff Kocol also said 'husband,'" the complaint states.
     The officer "shook his head in disapproval and after a few seconds plaintiff Kocol said, 'Yes, this was California and we are legally married,'" according to the complaint.
     The officer asked to see their marriage certificate, and refused to allow them to enter the United States, the couple says.
     "At that point plaintiff Kocol asked to see his supervisor and plaintiff Gajewski said that he was sure that CBPO 'A' does not ask a straight married couple to produce a copy of their marriage certificate," the complaint states.
     The plaintiffs say the officer motioned for the next man and woman in line to step forward. Kocol and Gajewski protested, and were soon surrounded by five armed CBP officers and separated.
     Kocol claims that one of the officers "put his right hand against plaintiff Kocol's upper back, grabbed his left hand and began to forcefully push him into the room."
     Inside the room, the officer "twisted him around and pushed him down into a row of chairs, to his great personal discomfort," the complaint states.
     Gajewski told CBPO Officer D: "'This is bullshit; do you treat every married couple this way?' 'This is my government being homophobic.'"
     When Gajewski walked toward the room where Kocol was detained, the CBP officer "grabbed his wrist and twisted it backwards behind his back," the complaint states.
     The defendants returned Gajewski's and Kocol's passports after Kocol told them he was a federal judge, and that he intended to contact the Human Rights Campaign, and the Gay and Lesbian Center.
     The plaintiffs say the officer who eventually processed their passports apologized, and told them: "'Some people can't seem to change with the times.'"
     They seek more than $1 million in general damages, and more than $2 million in punitive damages.
     They are represented by Scott McKee of West Hollywood.