The Muddle Known As Bureaucracy

Ocean County Observer

January 10, 1983

 

A very sick woman has been denied disability by the federal government. Here is how it works. After application she receives a denial from the Department of Health and Human Services (HSS headed by Richard Schweiker) which is a DECISION based on a “determination” made by the New Jersey State Department of Labor.

 

The “Determination” is made by the Division of Disability Determinations of the State Department of Labor headed by Mrs. Blackwell. The denial of disability comes in a form letter that always seems to say that “you are able to lift and carry a weight of 10 pounds frequently and up to 20 pounds occasionally. You can stand six hours, walk six hours and sit six hours.” Then it says “based on the description of your job – we have determined that you can return to work.”

 

Now the patient that I have in mind cannot lift and carry neither 20 pounds nor ten pounds nor can she stand for six hours nor sit for six hours at a job. She is very sick.

 

I wanted to learn how the determination was made and became whipsawed between the federal HHS and the state Department of Labor. A Mr. Ward at the state level, Director of South Jersey Disability told me that the “determination” was really made by a panel of doctors. He would not give me their names. However, none of the doctors who made the “determination” ever saw the patient. Mr. Ward explained that the 20 pounds and 10 pounds and six hour business was simply  form letter jargon that was put into all letters denying disability to satisfy regulations at the federal level, HHS.

 

In other words, the letter is a fraudulent deception concocted to deceive HHS. Once having the “determination”  the HHS feels justified in making the “decision”.

 

I wanted Mr. Ward to give me the names of the doctors who made the determination without ever having seen the patient or tested her capacity. He referred me to the Social; Security Office in Toms River. There I spoke with Mr. Lynch who said that it would be a breach of confidentiality. That happens to be a falsehood. The patient’s records are confidential, but the names of the satraps who made the “determination” that deprived her of disability are a matte of record which according to the Sunshine Law can be revealed. Anyway, Toms River Social; Security isn’t really interested in whether or not the “determination” on which the HHS “decision” was made was fraudulent, frivolous or  capricious. They have a “decision” to abide by and theirs isn’t to reason why.

 

I asked Mr. Ward at Labor why the “determination” could not be arrived at by the patient’s decision. He said if that were the policy then every physician would put his or her patients on disability. That the integrity of 9,000 physicians can be impugned so blithely by a state department should be of interest to the State Medical Society.

 

That portions of a letter going to the federal government to deny disability is actually a form used repeatedly and is fashioned to fit SSH regulations and has no basis in fact should be of interest to the state Attorney General and federal Attorney General. The letter by virtue of its fabricated insert is fraudulent, deceptive and dishonest.

 

None of the letters that I have received about the case are signed. I had to call the office of Gov. Thomas Kean to find out which department of the state was making the “determination” on which HHS based its decision.

 

The feds using anonymous determinations from the state to cushion its decision is a neat ploy that prevents targeting those responsible for the final solution.  No names are released. No one can find out who the “determining” doctors are, and none of the Bureaucrats have to do anything other than abide by the law. Kafka revisited! And nobody feels outraged about this. Deception, lies, misdirection. If these qualities are used to steal money people are sentenced to jail. If they are used to rob lives in order to save money, someone may get a raise or promotion.

 

It is time this nonsense stopped. It is time this country eliminated bureaucratic gamesmanship and reclaimed its honor.