Justice Department Denies Death Benefits to Police Officers, Firefighters

In 2003, President Bush signed a law giving federal benefits to families of firefighters, EMTs and police officers who die on the job of a heart attack or stroke.  How much has been paid on the 34 claims that have been decided?  Not a dime.  The U.S. Justice Department has denied all 34 claims that have been decided, and has yet to act on more than 200 others, MSNBC.com has learned.

The law was called the Hometown Heroes Act of 2003.  In it, Congress said heart attacks and strokes on the job are line-of-duty and survivors would be eligible for federal benefits.  It hasn't happened yet. 

"I think the Department of Justice has intentionally misinterpreted the intent of Congress and the president," the sponsor of the legislation, Rep. Bob Etheridge, D-N.C., told MSNBC.com on Wednesday.

According to investigative reporter Bill Dedman, the Department of Justice confirmed  that no claims have yet been paid, while 34 have been denied and about 206 are pending. A spokeswoman said the delays are caused by the complexity of the cases, not by any disagreement with the intent of the law.  Really?  You could have fooled me.

In Thursday's New England Journal of Medicine is a new study confirming firefighters run a much higher risk of dying of heart attacks while responding to a call or fighting a fire.  One of the criteria is whether or not it meets the requirements of strenuous activity. At least some of the denials were based on Justice Department judgment that some of the duties the firefighters were performing at the time of their deaths do not meet the law's requirement of "nonroutine strenuous activity."

Here are some of the explanations provided by the Justice Department:

A New York volunteer firefighter died after responding to a call, but before he started fighting the fire.  According to the review, his duties were 'nonstrenuous'. 

How about requiring 10 years of medical records so they can search for 'pre-existing conditions'?  The law says that the presumption in favor of the claims can be overturned by "competent medical evidence," but didn't specify what that meant.

"The Justice Department has been beyond difficult from day one," Harold A. Schaitberger, the general president of the International Association of Fire Fighters, told MSNBC.com. "They've made it pretty clear they don't like the law. I don't think this is about regulatory issue, medical issues, issues of potential fraud. They've done everything in their power to disregard the law, they have stonewalled it. I think it's showing a complete disrespect for the memories of firefighters and law enforcement officers who have laid it on the line for their communities."

I think this is about as outrageous as it gets.  The Public Safety Officers Benefits' Program became law in 1976, providing death and disability payments primarily to police officers killed in the line of duty. Congress added coverage for firefighters in 1984 and for emergency medical personnel in 1986. In 2002, after the Sept. 11 terrorist attacks, police and fire chaplains were added.  The Hometown Heroes Act of 2003 extended the same benefits to victims of heart attacks and strokes on the job. The death benefit, which is adjusted each October for inflation, is now $295,194. To qualify, the victim had to have been involved in "nonroutine stressful or strenuous work" in law enforcement, fire protection, prison security or disaster relief, among other duties. And the heart attack or stroke had to occur within 24 hours of such activity. Contractors, such as those widely used by the Forest Service to fight wildland fires, are not eligible for the benefits. 

And yet, they refuse to pay and look for any excuse they can find to withhold benefits from those who have given everything for others.  This is one of the most blatant examples of government run amok.  Someone wielding the power to deny a grieving family something they truly deserve.

Here is the mission statement from the DOJ website:  To enforce the law and defend the interests of the United States according to the law; to ensure public safety against threats foreign and domestic; to provide federal leadership in preventing and controlling crime; to seek just punishment for those guilty of unlawful behavior; and to ensure fair and impartial administration of justice for all Americans.

Enforce the law?  Fair and impartial administration of justice for all Americans?  Just as long as you aren't a firefighter, police officer or EMT who died from a 'nonroutine strenuous activity'.

Thanks to msnbc.com