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Back payments from Social Security available for some Libby victims

| July 7, 2006 12:00 AM

Some residents in Libby who are sick from asbestos exposure are entitled to as much as $40,000 in back payments from the Social Security Administration, said Montana Sen. Max Baucus.

In May, Baucus was successful in getting the Social Security Administration to approve current and former Libby residents for disability payments. Residents had been denied payments because the Social Security Administration didn't have disability benefit criteria specific to amphibole asbestosis, the kind of asbestos-related disease that the people of Libby and former Libby residents suffer from.

Although it's difficult to say exactly how many residents will get back payments, Dr. Brad Black with the Center for Asbestos Related Disease told Baucus that his office sees dozens of people who were denied disability benefits.

"It's a significant number of people," said Baucus, the highest-ranking Democrat on the Senate Finance Committee, which has jurisdiction over Social Security. "Benefits will ultimately depend on the individual circumstances, but this is great news for people who were denied disability benefits. It's another thing we can do to help repair the damage caused by W.R. Grace. Folks need all the help they can get in Libby."

Libby residents who were denied disability status under two different programs may qualify for retroactive payments:

* Social Security Disability Insurance

Libby residents who haven't worked since being denied benefits under the Social Security Disability Insurance (SSDI) benefits program during the last four years may be eligible for back payments up to about $40,000, and in some cases up to about $70,000. They would also be eligible for disability benefits each year from here on out until they die or reach the earliest Social Security retirement age of 62.

* Supplemental Security Benefits

Libby residents who haven't worked since being denied disability benefits under the Supplemental Security benefits, or SSI, program during the last two years may be eligible for back payments up to about $10,000 and in some cases as much as about $25,000. They would also be eligible for monthly SSI disability benefits until they die (Disability benefits for SSI are the same as benefits for the aged).

The dollar amount owed to each person will be determined by the date he or she applied for the assistance and other factors, Baucus said. He encouraged Libby residents who were denied disability status, or who think they may qualify now, to contact the Social Security office in Kalispell at 800-772-1213. Baucus is also dispatching a staff member to Libby to hold office hours and answer questions on July 10. Call Baucus' Kalispell office at (406) 756-1150 for information.

More than 1,400 current and former Libby residents suffer from amphibole asbestosis due to W.R. Grace's vermiculite mine that operated in Libby until 1990. Baucus noted that 300 to 500 new cases of asbestos-related disease are diagnosed each year because of expsoure during the mining and milling process.