Student Attorneys in University of Baltimore Law’s Veterans Advocacy Clinic Score Important Wins for Clients

The Bob Parsons Veterans Advocacy Clinic (VAC) has had many successes assisting veterans with a variety of legal challenges. But the team is celebrating several recent achievements, thanks to the persistence of clinic student-attorneys and the guidance of clinic director Prof. Hugh McClean and clinical teaching fellow Katy Clemens. Here is a summary of these cases from Clemens.

The first win is for a client who we met and represented at the Baltimore City Veterans Treatment Court. Our student Calvin Riorda, who was representing him, found out that his claim to the Department of Veterans Affairs for service-connected disability benefits for bipolar disorder — that he had before his military service but was permanently aggravated by his service — had been denied time and time again. Cal worked with the client to get a helpful medical opinion from his treating psychiatrist.

Our student Ross Varndell then took over from Cal, drafted an argument for a new claim, worked with the client to put together a personal statement, and submitted the whole package to VA. On June 18, we discovered that the VA granted service connection for bipolar disorder with a 100 percent disability rating! These are exceptionally difficult cases to win. It is a testament to the great work that Cal and Ross did, with Prof. McClean as their supervisor, that this ideal result came so quickly.

Holland Robinson Burch, J.D. ’20

The second win is for a client VAC has been representing for years. She is the widow of a veteran who died of a drug overdose several years back, and she filed for benefits due to his death being related to his military service: specifically, his residual PTSD and chronic pain. Our students Augustine Gonzales, Shane Nolan, and Holland Robinson Burch represented her before the U.S. Court of Appeals for Veterans Claims, where they won a remand back to the agency to obtain better medical opinions on the case.

Our student Tom McDonald then took over representation before the Board of Veterans’ Appeals, where he worked with our client to obtain a supportive medical opinion. I took over at the end and finished the job, and we just found out on June 19 that she finally won, nine years after she filed her claim! This client and her extremely complex case have required a lot of careful attention from our students (and from us), and we couldn’t be more delighted to be able to tell her that it was all worth it in the end.

Golden Gate University School of Law Veterans Legal Advocacy Clinic Gets WWII Veteran an Honorable Discharge

In spite of serving honorably in WWII, Nelson Henry Jr. was among the thousands who were forced out of the army for being black. He was given a “blue discharge” which was the type often given to black, gay or lesbian soldiers.

After more than 70 years, Henry had stopped trying to appeal until lawyers with the Golden Gate University School of Law Veterans Legal Advocacy Clinic and Legal Aid at Work agreed to assist him. They filed an appeal and the Army agreed to expedite the process because Henry was 95 years old.

Henry credits his wife, Lydia, for helping him move past the bitterness he felt from the injustice caused by the Army. She died in 2016.

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University of Missouri Veterans Clinic Partners with Local VA Hospital to Provide Mental Health Services to Veterans on Campus

Story Contact(s):
Sara Diedrich, DiedrichS@missouri.edu

COLUMBIA, Mo. – Kevin Owens knows the pain of being a student veteran struggling with mental health issues.

After Owens completed six years with the U.S. Air Force, he returned home to Arkansas and enrolled in a community college. The problem was his college was located an hour away from the veterans’ hospital where he was receiving health services. Consequently, Owens often sacrificed his mental health to keep up with his classes.

Today, Owens, 28, a senior majoring in meteorology at the University of Missouri, doesn’t have to choose between going to class and receiving the health services he needs. He can do both and never leave the MU campus.

The new Mizzou Veterans Wellness Center — housed in the MU School of Law Veterans Clinic in Hulston Hall — is a partnership between the MU Veterans Clinic and the Harry S. Truman Memorial Veterans’ Hospital. The collaboration is designed to make accessing health resources for veterans easier for student veterans, faculty, staff and their families. Eligible veterans will receive on-site, clinical mental health services and assistance with referrals to Truman VA and appropriate community agencies.

“By signing this Memorandum of Understanding with the Truman VA, we are doubling down on our commitment to success for our more than 270 student veterans,” Chancellor Alexander N. Cartwright said. “We are committed to providing these students the essential services that facilitate the type of excellence they deserve, and the type of excellence that we stand behind as Missouri’s flagship university. I am proud to be a part of this historic partnership.”

With the help of licensed professional attorneys, law students at the MU Veterans Clinic already help veterans and their families navigate the VA benefits system. The Mizzou Veterans Wellness Center will provide space for VA specialists to meet with veterans in a welcoming environment to talk about their mental health needs and to assist them with case management, enrollment assistance and advocacy.

“This joint venture is an innovative collaboration between the University of Missouri, its law school and the local VA health care system to promote wellness for veteran students, faculty and staff,” said Lyrissa Lidsky, dean of the MU School of Law. “It’s also a wonderful opportunity to give back to those who have served our country.”

Randall Rogers, a psychologist in the behavior health department at Truman VA, said many student service members and veterans have unique characteristics that can make life on campus more challenging compared with their non-veteran peers.

“They tend to be older when they enroll in college and more likely to be married and have children or be single parents,” he said. “They also are twice as likely to work while taking classes and to have a disability. Veteran students can feel out of place on campus and may have difficulty with their peers who are younger with vastly different life experiences. We want to make it as easy as possible for student veterans to get mental health treatment by offering services on campus.”

The new Mizzou Veterans Wellness Center opened earlier this month. Veterans are also served by the MU Veterans Center, located in Memorial Union. The center, launched in 2007, was recently expanded to include space for student veterans to socialize, study and connect with resources as they transition from the military to academia.

MU was recently designated a Purple Heart University in recognition of the university’s support of military members, including veterans and their families. Nearly 900 MU students are either veterans, active duty personnel, National Guard members, reservists, ROTC cadets or family members receiving GI Bill benefits. About 500 faculty and staff identify as military veterans.

Silent Stories: William and Mary Law Alum Charles Bowery, a Vietnam Veteran’s Story

Charles Bowery ’92 stood among flags and headstones, waiting in Arlington National Cemetery for the funeral of Jim Dorsey ’60.  For 25 years, Dorsey served in the U.S. Army, completing two tours in Vietnam and retiring as a lieutenant colonel. After his military career, he worked at Jamestown Settlement and lived in Williamsburg, Virginia. Dorsey was a regular at campus events and football games, driving a truck covered in W&M decals.

A few years before his death, Dorsey approached the Alumni Association with plans to relaunch the Association of 1775 (Ao75), William & Mary’s military, veterans and government alumni group, which had been inactive for years. Around the same time, Bowery had a similar idea, and behind the scenes they worked to reinvigorate the organization.

Ao75 is now back in action and moving forward.

Networks are strengthening and infrastructure is growing. Part of a larger, campus-wide focus on William & Mary’s veterans services, Bowery, staff across campus and others are working hard to improve the organization, sometimes on nights and weekends.

But Dorsey, who passed away in January 2018, didn’t see the results of their success. He saw only preparation, a glimpse of the vision: to give those who’ve served and sacrificed so much the community they deserve. That vision, though, was the first step toward the eventual reality. By believing, Dorsey helped others see.

So Bowery stood there, on the dry, cloudy January day, and waited to tell the story of Jim Dorsey, one story of thousands in a nearly 250-year university legacy; a veteran, a William & Mary graduate, a man who made his nation — and his alma mater — proud.

244 YEARS

William & Mary’s history with the U.S. military began before the United States existed itself. In 1775, a group of students organized a militia unit, and two years later, even while exempt from military duty, students and faculty formed a College Company for service in the Continental Army.

They called it the “William & Mary Company.”

George Washington was the university’s first American chancellor, and James Monroe, an officer on Washington’s staff, is an alumnus. William & Mary graduates helped earn America’s independence and for centuries have fought to preserve it. After all, Chancellor Robert M. Gates ’65, L.H.D. ’98, while serving as Secretary of Defense, was sitting across from President Obama on the night Osama Bin Laden was killed.

And not only have university graduates served in every major American war, the university itself has transformed because of them. It took herculean efforts from university President Benjamin Ewell to rebuild campus after it burned during the Civil War. World War I led to the university admitting women for the first time in 1918, and after World War II, William & Mary opened up the St. Helena Extension in Norfolk for returning soldiers continuing their education. Lewis B. Puller Jr. ’67, J.D. ’74, who lost both legs and much of his hands during the Vietnam War, won a Pulitzer Prize for his biography, “Fortunate Son,” which began as an article for the William & Mary Alumni Magazine. Two alumni, Ryan McGlothlin ’01 and Todd W. Weaver ’08, and one MBA student, Kyle Milliken, died while fighting in Afghanistan, Iraq and Somalia, respectively. Their names are written on a plaque in the Wren Building, honoring fallen service members from the university.

Starting with militiamen in 1775, William & Mary’s legacy with the military continues 244 years later in 2019.

‘ANOTHER WORLD’

Transitioning from military to civilian life has always been difficult, but a rapidly changing 21st-century landscape has made that adjustment even harder — especially for those resuming their education or reentering the workforce.

Phillip Sheldon ’20 is making that transition now.

In 1944, Sheldon’s grandfather landed on Utah Beach in World War II, lost a big toe to frostbite in the Battle of the Bulge and later helped liberate the Dachau concentration camp in Southern Germany. At the same time, his great-uncle was fighting in a Pacific-Theater submarine division, sinking ship after enemy ship. Members of his family have served in the military since the Revolutionary War, and when Sheldon came of age, he continued the tradition.

In April 2011, Sheldon enlisted in the Marines, hoping to be on the front lines. Two tours followed: one in Afghanistan and another in Romania. It was eye-opening — to encounter new cultures for the first time, to learn what it feels like to be shot at, to see firsthand that many don’t come home.

Sheldon finished his service after four years and returned to Virginia, where he started taking classes at his local community college and soon realized he could transfer to a four-year university. With multiple acceptance letters, he chose William & Mary.

Adjusting was a challenge. When you leave the military, you also leave a regimented schedule from sunup to sundown; facing the newfound freedom, many struggle with self-discipline.

Readjusting to the educational system itself was also difficult. Sitting in math and science classes, Sheldon would think about how he hadn’t attended a class, studied for tests or taken notes in more than four years.

Even for someone who considers his transition relatively smooth, Sheldon still encounters misperceptions from the public.

“There’s definitely a perception out there among some employers that returning veterans are damaged goods, and that’s just not the case,” Sheldon says. “People often approach you and think you’re some kind of killer or have PTSD, when in reality, many don’t even see combat.”

Sheldon’s time in Romania helped him gradually adjust out of the military in a relatively stable country. He says he can only imagine what it’s been like for his friends who returned to the U.S. after two tours in places like Iraq and Afghanistan and were discharged, after just a month of debrief on base, into civilian life.

“It’s like coming back to another world,” he says.

BRIDGING THE GAP

Both the civilian-military divide and the difficulty involved in transitioning back into civilian life make veteran support services even more important, especially in the world of higher education. Compared to traditional students, veterans returning to the education system face systematic disadvantages.

According to a report from the Student Veterans of America, veterans returning to higher education are more likely to be older, have a family, work full or part time and have a disability. The National Institutes of Health estimates post-traumatic stress disorder (PTSD) affects anywhere from 10 to 31 percent of veterans. PTSD requires a personal and often nonlinear recovery process and can lead to substance abuse and depression. While the term is very general, both its symptoms and causes are unique, requiring individualized attention.

At the same time, according to Government Professor Lawrence Wilkerson, there is a growing national divide between military and civilian populations. The faculty advisor to the Student Veterans of William & Mary and a 31-year veteran himself, Wilkerson says military and veteran citizens make up less than 1 percent of the U.S. population, and in terms of average income and education, now have less in common with civilians than ever before.

Simply put, there’s a gap — between traditional and non-traditional students, civilian and military populations and both put together.

Since taking office last year, President Katherine Rowe has made improving the services offered by William & Mary for active duty and veteran students a top priority. Hosting discussions and listening sessions with these groups, Rowe is building on existing efforts and moving forward initiatives focusing on the future of work, knowledge and service.

“There’s been a decisive shift in energy with President Rowe,” says Corey York ’19, outgoing president of the Student Veterans of William & Mary. “She recognizes the progress that’s already been made, and is looking to build even greater momentum.”

In other words, one of Rowe’s top priorities is bridging the gap.

THE BRIDGES

University services supporting veteran and military populations begin at the undergraduate level, with a focus on problem-solving, advocacy and leadership.

A few years ago former University President Taylor Reveley LL.D. ’18, HON ’18 established a working group to explore issues confronting student veterans. After a year-long study, the working group delivered its report but then stayed on to help address the outlined challenges. Patricia Roberts J.D. ’92, vice dean of the law school, initially chaired the group, and after two years, former Education Professor Jacqueline Rodriguez took over.

The working group, now open to everyone regardless of military experience, meets once a month and now has around 40 members, comprising faculty, staff, alumni and students. At each meeting, they discuss issues facing military and veteran members of the university — then they discuss solutions.

One of the group’s larger initiatives has been its Green Zone Training, a day-long program that educates faculty and staff on issues specific to military-affiliated students. Students in the Military and Veterans’ Affairs Working Group wrote the entire curriculum, and Rodriguez says not a moment was wasted.

“Our student veterans are tenacious, dedicated, persistent and loyal. They never take no for an answer. They always find a way,” she says.

The pragmatic problem-solving approach of the working group is mirrored by the Student Veterans of William & Mary, an advocacy organization for undergraduate student veterans.

A former Marine, Corey York attended his first meeting out of curiosity. By the night’s end, York had been elected president.

“I guess I’m president now,” he thought. “Let’s rock ’n’ roll.”

Working strictly as volunteers, York and others in the group mobilized students, faculty and administrators, resolving problems faced by student veterans and making the campus community as a whole more aware.

Ultimately, he believes traditional and non-traditional students each have complementary skill sets and form effective partnerships. Just as it’s said in opening Convocation, “those who come here belong here.”

“We’re all in this together in the end,” York says. “We’re all part of the Tribe.”

In addition, the university’s Reserve Officers’ Training Corps (ROTC) program, run through the Department of Military Science, gives students the chance to enter the U.S. Army as commissioned officers after graduation. The key to their curriculum, says Department Chair Lt. Col. Dustin Menhart, is leadership. Students enrolled complete the equivalent of 32 total credit hours, each semester building on the last.

“It’s not just push-ups and sit-ups,” Menhart says, surrounded in his office by memorabilia from his almost 20-year career in the Army. “The bottom line is that we’re just like any other department at the university.”

ROTC isn’t easy, and neither is it meant to be. It takes sacrifice and discipline, training at 5:45 a.m. regardless of the weather and enduring whatever six-mile run lies ahead. It takes accepting the equivalent rigors of another major, in addition to students’ other coursework. It’s difficult — but according to Menhart, difficulty builds resilience and teamwork builds leadership. ROTC students emerge from their four-year crucible prepared for the sacrifice and commitment required ahead.

Capt. Emily Bessler ’14 of the Army’s 25th Infantry Division relied on the skills she learned in ROTC when she was commissioned five years ago. When she arrived, there were only two women in her battalion; when she left, there were 15.

“I told my guys from the get-go, ‘I’m just another lieutenant — don’t change your vernacular or behavior on my account,’” she says. “I want them to treat me the way they would any man, and the
fact that they do is the greatest compliment they could give me, and affirmation that I’m doing my job the best way I know how.”

‘THE BEST OF THE BEST’

The university’s military and veterans services continue at the graduate-school level, where William & Mary continues to receive statewide and even national recognition.

“They’re the best of the best,” says Amanda Barth M.Ed. ’06, the director of MBA admissions at the Raymond A. Mason School of Business for their active duty and military students. “And our services for them are unparalleled.”

The business school’s MBA programs are widely recognized for their attention to the needs of ser- vice members. It’s a combination of simple things done well and a personalized approach that sets the programs apart. They host a yearly Veterans Day celebration and recognize students’ promotions with special events, but they also give military applicants high-priority status and understand their often non-traditional backgrounds. Through personalized career counseling and alumni networking, the business school helps military and veteran students build on the strengths they already have.

The business school’s services have continuously attracted military and veteran students, so that they make up more than 20 percent of the student population in each of the three MBA programs That service and commitment to military members of the student body is paralleled by programs in the School of Education.

In 2018 the school received a five-year, $1.9 million state grant to continue its Troops to Teachers program, training veterans for second careers in K-12 education. Launched as a pilot program in 2017, Troops to Teachers seeks to address Virginia’s statewide teacher shortage by training veterans, a group uniquely suited to that field.

“What you learn in the military often helps in the classroom, especially discipline and leadership,” says Charlie Foster M.Ed. ’17, the program’s veteran liaison and a Marine himself. “The Marines have an old saying, ‘adapt and overcome.’ If the mission changes, we’re ready for that, in the military or our careers. At the end of the day, it’s all service.”

During the grant evaluation process, William & Mary’s Troops to Teachers branch was given an A+ rating and labeled a “rock star program.”

And it’s not the only program they offer.

Over the next year, the School of Education will develop a master’s degree in military counseling, working with a nearly $300,000 state grant. Mental well-being, they believe, is the foundation for success, and the program will help those who have sacrificed so much continue to live healthy lives.

“Be there for veterans you know and listen to them as much as you can,” Foster says. “There’s a lot to learn, there are fantastic stories only they can tell. The only way to understand their sacrifice is to talk and listen.”

‘SHOUTING IT FROM THE ROOFTOPS’

And then there’s William & Mary Law School, which ranked on the list of Top 10 2019-2020 Military Friendly Graduate Schools this year. Its veterans services aren’t just well-known, they’ve become a national model.

Just ask James.

Asking to be referred to only by his first name, James is a former military policeman in Iraq. After returning from his tour of duty, James suffered a heart attack, related to a pulmonary embolism, in his mid-30s which doctors said stemmed from a time he fell sick while in the military. He couldn’t find insurance, at least none cheaper than his already enormous medical bills. People with his condition, he says, have a 50 percent mortality rate within five years.

“I thought I was going to die before anything was going to be figured out,” James says. “There’s a saying people applying for disabilities claims have: ‘delay, deny and hope that I die.’”

Not only is the paperwork arcane, but James says the application process is wildly inconsistent. Forms are often rejected without explanation; some claims get approval within months, others years. Early on, James was told by a representative that he’d be lucky to get an aspirin.

Then a family friend told him about the law school’s Lewis B. Puller, Jr. Veterans Benefits Clinic. And everything changed.

The Puller Clinic’s mission is to advocate for veterans navigating the Department of Veterans Affairs disabilities claims process. While working with full- time veterans’ law attorneys in a three-credit course, students in the clinic provide free legal representation to two or three clients a semester. Students get intensive hands-on training, and their clients get invaluable advocacy.

The Veterans Benefits Manual is over 2,000 pages, and those applying are often already struggling with a physical or mental ailment, which for non-experts can make an already difficult process nearly impossible.
At the same time, Hampton Roads has the most densely distributed military population in the U.S., with more than six active military bases, over 100,000 active-duty and reserve personnel and thousands of veterans. It’s a perfect home for the program.

James applied to the clinic around 2010, paired up with a representative at the law school and immediately felt a sense of relief. The clinic provided support, expertise and persistence and helped to navigate a complex system, filing necessary paperwork and overcoming obstacles. Even with the clinic’s help, James is just now receiving his government benefits.

“It was nothing but frustration beforehand, like beating your head against a wall. There’s no way I could have stuck with it this long,” James says. “I don’t like to think about a world without the clinic, but honestly without them, I’d probably be in a room at my mom’s house right now trying to find money for blood thinners.

“They basically saved my life.”

Through a partnership with Starbucks, the Puller Clinic also hosts select Military Mondays for veterans working through the claims process. The program, which has since been recognized and replicated nationwide, provides free legal consultations over coffee for veterans in the local area. Each year, Military Mondays provides nearly $50,000 worth of pro bono legal services, assisting more than 360 veterans since its inception in 2015.

“This isn’t assistance, this is what veterans are entitled to because of their service,” says Patricia Roberts, who is also co-director of the Puller Clinic. “I don’t know if I have adequate words to convey the sense of admiration I have for the sacrifices they make. I just try to sit and talk, listen and say it’s an honor to meet them.”

THE FACES

Bowery is standing at the funeral, still waiting to tell the story of Jim Dorsey. Dorsey, of course, was an exceptional man, but there are thousands of other stories waiting to be told. They make up a legacy so wide and deep there’s no one way to understand it. No one story is enough.

Every service member at William & Mary is a part of that legacy. Each of their stories is part of a larger, changing narrative, which at the same time is the story of our nation, the story of the university and the stories of millions of lives, all worth our eyes and ears. That legacy — of patriots, warriors and leaders — is always in its next chapter, always waiting for its next story.

“It’s not about just one face, it’s all the faces. You can’t always tell if the people around you are veterans, and the thing that’s upsetting is not being able to honor each story,” Foster says. “It feels like sometimes there’s just not enough time. We owe service members and veterans more than a thank you. But, you know, if we all listened, all asked questions, then hopefully that would be enough.”

Dorsey’s family didn’t know Bowery was coming to the funeral. In fact, that was the first time he ever met them. But he wasn’t going to let a member of the community pass away unnoticed. He wasn’t leaving a story untold.

Bowery came to the funeral to represent the Association of 1775, which plans to honor Dorsey with a scholarship in his name. Bowery came to honor a member of the William & Mary legacy. Bowery came because he had a story to tell.

Editor’s note: In the hard copy of the magazine, Charles Bowery’s class year was listed incorrectly. He is from the Class of 1992, not the Class of 1993.

David Boelzner of William and Mary Law School: Recent Case in VA Shows Flaws in Benefits

VETERANS ARE so accustomed to waiting years for the U.S. Department of Veterans Affairs to decide disability claims that they all nod knowingly at the morbid refrain: “Delay, deny and hope I die.” And many of them do die before their claims can be completed. 

It currently takes 5-to-7 years to obtain a final decision from the Board of Veterans’ Appeals after an initial agency decision is appealed. Unacceptable? 

How about 100 years? Even though, as an attorney at the William and Mary Law clinic that helps veterans pursue their claims, I am used to delays, I was startled when a lawyer for the Secretary of Veterans Affairs told a federal judge that a 100-year delay could be reasonable. The assertion came in the March 27 oral argument in Monk v. Wilkie, a high profile case before the U.S. Court of Appeals for Veterans Claims. 

The judge probed: “You just told me … that if VA waited 100 years to decide a claim that might be reasonable. I really want you to be very careful if that’s going to be your position.” 

The VA lawyer stood by his answer. 

Is he crazy? 

No, unfortunately. He is defending a theoretical possibility for a reason, and it explains much about what is wrong with the VA benefits system. 

The attorney refused to budge because the system could conceivably delay decision that long. He gave an example: If a day before a decision a veteran sought a higher disability rating because his condition had worsened, the VA would be obliged to consider that issue and probably provide a medical examination. Under current conditions, just getting that medical examination would likely take a year. 

The agency is performing about 2.5 million examinations per year in connection with claims. The exams are arranged through the VA health care system, which is already overburdened. The mission of the VA in practically all respects is simply far too big for the resources it has, despite being the second largest cabinet level agency after the Department of Defense. 

Based on our experience as veteran advocates, the quality of the examinations and medical opinions is highly varied, all too often inadequate for proper assessment of the claim and an invitation to further challenge, which in turn delays claims. 

The benefits mission is so big partly for historical reasons. As a corruption-prone system of cash disability payments was reformed and modified after the Civil War and through the Great Depression, veterans were faced with proving medical and legal claims for disability without legal help. In response, Congress and the VA constructed a system in which the agency has the duty to assist in gathering records and obtaining medical evidence. 

The system was intended to be navigable without legal help. It is anything but. 

Like any government agency, the VA has its share of bureaucratic nonsense. But the VA has unique problems. For example, in 1988 Congress made VA claims decisions subject to judicial review. This improved the quality of decisions but unquestionably slowed the process. It takes time when lawyers properly raise awkward questions, such as whether due process was followed. But when the appeals court invalidates a decision of the Board of Veterans’ Appeals, the board corrects only the narrow issue found in error. This too often results in re-appeals, sometimes several, in what one judge termed the “hamster-wheel” of veterans’ claims. 

So is the VA lawyer’s position outrageous? Absolutely. No sane, just system could straight-facedly contend that 100 years would be reasonable for resolving an appeal. 

The real outrage, though, is not the VA lawyer’s position but the circumstances that make it sensible for him to maintain it. 

The current system could be improved somewhat. The courts could resolve all issues raised rather than just enough of an issue to warrant re-adjudication. And VA has already taken some steps to limit the infinite reiteration of claims. But to reduce delays substantially, the whole disability system would have to be scrapped in favor of a simpler cash payment based on length of service. 

David E. Boelzner is clinical assistant professor of law and co-director of the Lewis B. Puller Jr. Veterans Benefits Clinic at William & Mary Law School, in which law students assist military veterans and their families in pursuing disability benefits.

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