Statement of Margo A Yhap, Rodeo, New Mexico

I am submitting this testimony on behalf of Margo A.Yhap, just one of a reported 700,000- one million American citizens waiting for a hearing/appeal for adjudication of their disability claim, which in fact, is no different than filing a claim for benefits afforded under a health care or car insurance policy which the claimant paid money out of pocket for said insurance policy.

Ms. Yhap’s claim was originally filed on 05/27/04, with reconsideration denied 07/11/05. The hearing request was noted by SSA and notification was postmarked on 9/08/05.  No hearing as yet. 

As the recently published New York Times article dated 5/01/07 elucidates, the backlog in processing claims hearings and appeals on denials take an average of 515 days, Ms. Yhap has now exhausted her life savings, and now is forced to turn to the State of New Mexico General Assistance and food stamps, slipping into poverty with no health insurance or income since her last date of employment on 3/31/03, waiting approximately 1095 days, almost doubling the national backlog average, with no hearing in sight.  Her paperwork was “lost” between Nevada and New Mexico after an address change was filed but not noted...SSA admitted that error in 2005.

Considering that it is reported that slightly more than one-quarter of all approved claims are awarded after an appeal hearing, and nearly two-thirds of the people who appeal ultimately prevail, for this claimant, should she ultimately prevail, the suffering and further loss of health and stability would be particularly egregious.  The prospect of an appeal is at this point, traumatic.

 I think I have an idea how bureaucracy works and many of the issues. I was in health care administration and the health insurance business for 15 years prior to my own disability in 1991, which thankfully was won on reconsideration with no attorney.  I know that if we had habitually treated customers like this, likely the insurance commission or some such regulatory agency would have been available for recourse or redress.   It sure was in my case!

It appears if this editorial is correct, it is incumbent upon our Congress to remedy this unconscionable situation for your constituents, who paid into this involuntary system, yet fairly and in good faith.

In this regard, I believe all state residents should be outraged that their own state budgets are stretched, covering what the federal program is intended to, but way scaled back.  NM does not offer Medicaid to persons involved in adjudication with SSA for disability, thus depriving worthy applicants of any ability to state their case.  The treating physician that actually spends some time with the client is allowed to have heavier weight than an IME paid interview.  But how does one pay for it? 

How fair is this?  Sick people, most of whom are found eligible years later, if they live, are eking it out on $263.00 general assistance and food stamps… Grateful? Yes.

That does not mean in any way it is acceptable.   It’s classic “Catch 22”.

At least accused criminals are assigned public defenders when forced to defend their rights or innocence and have rights to a speedy trial.  All we did was get sick and try to access our disability program, let alone maintain medical stability and care with no income or medical insurance.  Then we pay our own attorneys for the privilege of accessing our paid insurance policy after starving for years - some homeless, some always on the verge. 

Surely, there are priority problems here.    What is mirrored back to those endlessly mired in this morass is that now that we are unable to contribute to the GNP, we are low priority and perhaps disposable.     

Her attorney has no answers…the SSA office recently informs her that the backlog is due to

“Katrina” and that to appear she now needs to travel across the state to Roswell, but she is disinclined to do that, losing her opportunity to be heard in person, as her health would not allow such a trip now, and it took her almost 1 year to be reimbursed (calling 13 times) for travel to the IME, required by SSA well over 2 years ago, making any IME examination pretty irrelevant at this point, and as one of her providers who have now written to NM Senators, she has worsened as a result of the stress of this protracted ordeal. 

Mostly we become so exhausted and find ourselves “fenced out” of political process – the cost of self-defense too high.  For instance, though previously perfectly capable of writing this letter, she is not able to participate in her “defense” of her rights, and to effectively express outrage of the systemic neglect we are suffering.  I took over a week to form this, and a difficult task, but we believe the only government worth having is participative, and thus a responsibility.

Her treating psychologist is a Senior Disability Analyst, and the treating physician a certified medical examiner. What more could you want?  At three dollars a gallon for fuel, she cannot even afford the trip or the wait for travel reimbursement, and will have a telephonic hearing…. Whenever.  Maybe, could someone just look at the file?

I would appeal to you to provide an appropriate good faith effort to Ms. Yhap, and the others like her, many as she is, without spousal or family support “to carry her through”.  Perhaps you are unable to conceptualize this, or are not tied to this system, but I can hope you would never want to see your friend or loved ones treated in such a manner.  Please remedy this by hiring enough ALJ’s to do the job for the system we have put our trust in.    Many of our lives depend on you.