By Ula Ilnytzky,Associated Press Writer
Nearly 100 percent of disability claims filed by retired Long Island Rail Road workers has been approved — nearly the same rate before new oversight measures were adopted to monitor the workers’ alleged abuse of the system, according to a government audit released Friday.
The Government Accountability Office, an investigative arm of Congress, found that as of April, the federal Railroad Retirement Board approved 64 of 66 occupational disability claims — or 97 percent — filed by LIRR retired workers. Those claims were approved even though the RRB adopted a five-point plan to strengthen its oversight of the railroad’s claims last October. The measures included independent medical evaluations, increased supervision of the board’s Long Island office and identifying unusual patterns that might suggest questionable claims.
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The GAO report said nearly all LIRR worker claims were for muscularskeletal injuries, such as lower back problems, compared to about half of works from seven other commuter railroads it reviewed.
Additionally, it said most LIRR claimants provided RRB with reports from one of three doctors — a potential indicator of fraud or abuse — a pattern not found at the other commuter rails.
Steve Bartholow, the general counsel for the RRB, did not immediately respond to a request for comment.
But he told The New York Times for Friday editions that the board “would not hesitate to enact additional changes to curb any continuing abuses.”
The alleged abuse of the pension system by LIRR workers was first disclosed by The New York Times last fall, leading to four separate investigations plus a criminal investigation by the New York state attorney general’s office.
In a letter dated July 24 included in the GAO report, RRB Chairman Michael S. Schwartz addressed the GAO’s concerns. He outlined its new five-point plan and said it was creating a new position to identify any potential anomalies — both at the LIRR and at other commuter railroads.
“We will continue to monitor this program and take corrective action as necessary,” he wrote.
In its report the GAO said that the board stated “it was too early to assess the effect of the plan on disability decisions,” yet it approved nearly all of the claims decided under the plan as of April 30.
In a statement Friday, LIRR President Helena Williams said, “Disability pensions should be reserved for those who truly deserve them.”
Even though the railroad is not involved in the granting of the federal disability pensions, Williams said the railroad had in the past year implemented five steps “to provide the RRB with all relevant information they need to make decisions on applications filed by former LIRR employees.”
The GAO also found that for fiscal year 2007, LIRR workers applied at a rate 12 times higher than workers at other commuter railroads combined. The RRB approved nearly all commuter rail claimants regardless of railroad even though fewer LIRR workers met the more stringent disability criteria of workers at other railroads, it said.
GAO spokesman Justin Harclerode said the agency hasn’t decided whether to issue recommendations to the RRB.
“We’ll discuss that in coming days,” he said.
Copyright 2009 The Associated Press.




the lirr has allowed this for years -have kathleen rice follow some of these disabled engineers for a while and prosecute a few- than have all refile to see if they meet valid criterea for tax free pensons