[Insight] Gulf War vet Who Was humiliated by judge’s remarks gets an apology as inquiry continues

Published on: September 1, 2015

Gulf War VetAn unfortunate interaction with an administrative law judge (ALJ) has left Gulf War veteran Shawn McMurray “tormented.” An article by Jeremy Schwartz describes McMurray’s experiences as he was berated by ALJ Gary Suttles, who hears SS disability appeals in the Houston area. For some reason, Suttles couldn’t understand how McMurray “could have been affected by his wartime experience.”

McMurray’s experiences as a Gulf War vet were discredited since he was a fueler on an aircraft carrier, and not directly in combat. Suttles’s remarks to him were the following:

"I mean hey, you were in the Navy. You weren't even fighting on the ground," Suttles told McMurray. "To me it would have been exciting. What do you mean stressful?"

The SSA prompted Suttles’s temporary removal and a hasty apology for his insensitive comments. Schwartz’s article also states that denials can vary depending on what political affiliation your state leans toward: in “politically conservative states, PTSD-based claims are more difficult to win.” Suttles, who was a judge in Texas, denied “81.3% of claims, the tenth highest denial rate in the nation.”

The details remain unclear as to Suttles’s training on PTSD and other war injuries. The SSA reported that they will “launch an investigation into the judge and ‘take action, as appropriate.’” 

It's clear the judge's mindset appears to be a reflection of those in Congress who seek to balance the budget on the backs of the disabled.

The Case With Veterans

This happens all-too-often with veterans, who are often overlooked for PTSD and other debilitating conditions from their deployment. In conservative states, judges may deny your appeal on the basis that “you were in this branch (of the military), you can’t have PTSD,” while in more liberal states it is “almost automatic.”

We here at Disability Experts of Florida understand the struggle that can come with filing for disability benefits as a veteran. Much like McMurray, who was unable to work due to a motorcycle accident where he was hit by a truck, was simply seeking benefits due to his spleen being removed and a punctured lung. Although he was diagnosed with PTSD, the VA could not determine “whether his PTSD stemmed from his experience in the Navy.”

We cannot directly represent you for VA-related issues; however, if you are concerned about your case for Social Security disability benefits, we are here to help. Our disability advocates are knowledgeable in the application and appeals process, and can help you with every aspect of your case.

Whether you decide to have a representative or not, know you deserve the maximum amount of benefits for your disability/disabilities. McMurray says he plans to keep on fighting for his benefits—will you for yours?

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