Supreme Court Gets Chance to Remove Roadblocks Keeping Disabled Veterans from Benefits

This spring, the Supreme Court will get another chance to show whether it values the rights of individuals to receive fair treatment from the American legal system.



The New York Times reports on a case before the Supreme Court that could allow the justices to roll back the most perverse consequences of their 2008 decision in Bowles v. Russell, which held that there is no excuse for missing certain court filing deadlines—even if you’ve been given the wrong information by a judge.


That decision is now being used to withhold benefits from disabled veterans like David L. Henderson, whose disability was the cause of his inability to meet a court deadline to file his notice of appeal. Henderson has been caught up for nearly a decade in what three federal appeals court judges have called a “Kafkaesque adjudicatory process.”



The Supreme Court will soon consider whether to hear an appeal from David L. Henderson, who was discharged from the military in 1952 after receiving a diagnosis of paranoid schizophrenia. He sought additional government help for his condition in 2001, and he was turned down in 2004.

Mr. Henderson, who served on the front lines in the Korean War, had 120 days to file an appeal, but it took him 135 days. He had a pretty good excuse.

His psychiatrist has said under oath that he is “incapable of rational thought or deliberate decision-making.” As a consequence, the psychiatrist added, “Mr. Henderson has been incapable of understanding and meeting deadlines.”


Bowles, the case that created the precedent for Henderson’s nightmarish treatment, split the Supreme Court 5-4. The court, if it hears Henderson’s case, has the chance with this case to stop the extreme consequences of its earlier decision and show that it is willing to protect the rights of individual Americans.
 

PFAW