era@ncar.ucar.edu (Ed Arnold) (02/22/90)
Index Number: 6888 [The following article appeared in the Denver Post 2/21/90] DISABLED CHILDREN WIN CASE ON SOCIAL SECURITY By the Los Angeles Times WASHINGTON - The Supreme Court ruled in a 7-2 vote yesterday that the government has wrongly denied monthly benefits and free medical care to poor, disabled children by imposing stringent, unfair guidelines for eligibility. The ruling may affect tens or even hundreds of thousands of low-income, handicapped children denied Social Security benefits over the past 15 years. The class action suit was filed on behalf of 11-year old Brian Zebley, who suffered brain damage at birth. He has eye problems, motor skill difficulties, is partially paralyzed and retarded. He received benefits for two years, until surgery enabled him to walk better. But in 1982 his benefits were cut off because he "no longer met or equaled the requirements" set forth in the regulations. The court ordered federal officials to individually evaluate children to see if they are disabled, rather than rely on a list of disabling conditions, as they have done since 1974. Although children could qualify for benefits even if their disabilities were not on the list, they were less likely to receive benefits if the impairments were not specifically mentioned. The government list did not include such well-known childhood impairments as spina bifida, Down's syndrome, muscular dystrophy, autism, AIDS and fetal alcohol syndrome. "This program has been illegally administered for over 15 years," said Jonathan Stein, a Philadelphia lawyer who in 1983 filed the class action suit that resulted in yesterday's ruling. -- ---------- Ed Arnold * era@ncar.ucar.edu * era@ncario [bitnet] * ...!ncar!era [uucp]