The State of Indiana has the distinction of being the fourth worst state in the nation for the length of wait time associated with its backlog of Social Security Disability cases. Workers pay into the system throughout their careers with the idea that if they suffer a debilitating injury, Disability will be the safety net to keep them from losing the life they've worked for. It takes an average of 4-5 years of repeated appeals for the injured to receive their entitlements, as the vast majority of first time applicants are denied outright. The injured are left to figure out how to keep up with their monthly bills, purchase groceries, and hold onto their homes as each new appeal delays the possibility of support by another year or more.
In July of 2005 my mother was in a car accident. A young driver who was distracted by his cell phone didn't notice that she was turning left. Her vehicle was rear-ended, and spun around. She struck her head on the driver's side window with some force.
Before the accident my mother had a full work life, maintained her rural home and property, and came to my concerts and cheered me on in my musical endeavors. She advocated for green building in our area, and worked to address humanitarian concerns with others in Bloomington. This accident has changed the direction of her life.
In the months and years since the crash, she has suffered debilitating headaches, vision tracking problems, partial seizures, and overwhelming fatigue. Doctors told her that she merely suffered a concussion, and that her symptoms would clear up in 3-6 months. Five years later, however, she is struggling with these same issues on a daily basis and is still unable to work. She has been diagnosed with a Mild Traumatic Brain Injury, and as anyone who has received this diagnosis is likely to tell you, the effect on their life is anything but mild.
My mom first applied for Social Security Disability in early summer of 2007, when it became clear that her symptoms were not going to clear up with the help of medication or the passage of time. We didn't realize how long it could take to get on Disability. We were struggling to keep paying her mortgage every month. She was denied later that year, and we appealed the decision. We were told that it is common for applicants to be denied 3 or 4 times before being approved.
In May of 2009 she had a civil court jury trial in the hopes of receiving fair compensation from the insurance company of the other driver. The trial had been pushed back three times, and two mediations with the insurance company had yielded nothing. She won the case, but her legal team and a small fraction of her past medical bills absorbed virtually all the award. This outcome devastated us.
She then worked to expedite the appeals process with Social Security, and eventually appeared before a Disability Judge in December of 2009. My mother worked that fall with the IU Disability Law Clinic, but the students were unable to appear with her at the hearing because the date conflicted with their final exams. The Judge sent his decision, which was unfavorable, in late March 2010.
My mother is now appealing the decision with an experienced Social Security Disability Attorney. He found a number of significant errors in her denial, and is working to get her the benefits she deserves.
Since the accident, we have struggled to keep the home and land mom lives on. This land has been in our family since 1990, and my mother always intended to live out her days there. Because Disability hasn't yet come through, and because her jury trial didn't yield a helpful award, she has been put in the uncomfortable position of having to borrow money from friends and family. I have been supporting her for the past year and a half. Amazingly we have managed to cover every mortgage payment.
Last summer after the civil trial, the Bloomington community came together to support us in a beautiful way. I hosted a series of benefit dinners and concerts. With the help of many friends, fellow musicians, and foodies, we were able to cover the mortgage for many months. We are incredibly grateful to all who gave of their time and talents toward this end.
We need continued help to keep going; we have been living month-to-month, in a state of extreme financial stress for years now. Don't let the present circumstances cost my mom her home. Help us keep the positive momentum going!
Sincerely,
Benjamin Fowler
