The case of a dying mother and the rules

Last Updated:May 18. 2007 11:00PM
Published: May 19. 2007 3:30AM

Claire Collier is dying of Lou Gehrig's disease. The Supreme Court cannot do much to help her, but her appeal may yet serve a good purpose: It will call attention, one more time, to the legal plight of a working mother.

The story is spelled out in Case No. 06-1343, filed a month ago in the high court. Here Mrs. Collier challenges what is known as the 20/40 Rule under the Social Security Act. The rule limits disability benefits to those applicants who have had at least 20 quarters of coverage over a 40- quarter period.

During the applicable time period, Mrs. Collier was busy: She was rearing Kieran, a boy who will be 13 in September; Bridget, who turns 11 this month; and Leah, who will be 10 in July. The family lives in Stamford, Conn., where husband Bill is a mid-level sales executive in a company selling video products. Before she became a full- time mother, she had worked for 15 years as an event planner for a bank and later as a part-time teacher's aide. Let me quote from counsel's petition to the Supreme Court:

"In the spring of 2003 Mrs. Collier started feeling strange physical sensations, including twitching in her arms and cramping in her calves. When the symptoms persisted and gradually worsened, Mrs. Collier visited her doctor, who in turn referred her to a series of specialists. One by one, the doctors eliminated the potential ailments. With the list of possibilities shrinking, Mrs. Collier found herself praying for cancer, anything treatable, instead of something worse. By the fall of 2003, Mrs. Collier's worst fear was confirmed: She was diagnosed with amyotrophic lateral sclerosis (ALS), commonly known as Lou Gehrig's disease.''

Within the next year or two, she will lose movement in every muscle in her body. She will become unable to speak. Gradually she will lose the ability to swallow. Eventually she will survive on a ventilator. Barring a medical breakthrough, she will die within the next two years.

Apart from the emotional burden, Lou Gehrig's disease imposes a staggering financial load upon the affected family. A specially designed hospital bed cost nearly $10,000; a custom-fitted breathing apparatus cost $16,000; a customized wheelchair cost $25,000; a van to transport her cost $54,000. Apart from those capital outlays, the monthly bill for medications and home health services exceeds $6,000. Since the ordeal began, medical costs have mounted to more than half a million dollars. Let me return to counsel's brief:

"Following her diagnosis, doctors told Mrs. Collier that Medicare should offset much of the catastrophic costs. Mrs. Collier later learned, however, that because she was not yet 62, in order to receive Medicare benefits she had to establish qualification to receive Social Security disability benefits.''

In January 2004, the Social Security Administration denied her application. She had "insufficient recent work credits to qualify.'' An administrative law judge regretfully confirmed that ruling. Said the court:

"It is clear that ALS has taken a great toll on (Mrs. Collier's) physical and mental health, and on her family and finances. She has fought courageously against this disease and has done everything possible to continue in her role as a wife and mother. Her personal story is compelling, and her ongoing efforts to raise her children despite the disease merit admiration.''

A U.S. district judge confirmed the ruling. Four months ago a panel of the 2nd U.S. Court of Appeals affirmed. Its per curiam opinion began:

"We are called upon to address a matter of human tragedy. Petitioner Claire Collier has amyotrophic lateral sclerosis (ALS), more commonly known as Lou Gehrig's disease. She has suffered greatly from this disease and, in addition to the physical pain, the financial cost has been staggering. However, we are compelled to conclude that the statute which guides this court's review denies Collier Social Security Disability Insurance and Medicare benefits because she does not have the required recent work history.''

Mrs. Collier's counsel argued in the circuit court -- and argue again in their petition to the Supreme Court -- that the 20/40 rule unconstitutionally discriminates against working women who become mothers. The circuit court disagreed. It saw no invidious sex discrimination and dismissed her suit.

My guess is that the Supreme Court will decline to take her case. Too much precedent is in the way. Counsel inform me that at any given time, 5,000 persons in the U.S. are victims of Lou Gehrig's disease. Whoever said life is fair?

James Kilpatrick writes for Universal Press Syndicate.


http://www.timesdaily.com/apps/pbcs....-1/COMMUNITIES