Grassley Seeks Update on Backlog of Survivor Benefits to Families of Fallen Officers

WASHINGTON – Senator Chuck Grassley, Chairman of the Senate Judiciary Committee, is pressing for an update on the number of Public Safety Officers’ Benefits applications that have not been resolved.   

In a letter to Assistant Attorney General Karol Mason, Grassley wrote that a 2009 Government Accountability Office report said that families of fallen or injured officers waited an average of a year and a half before receiving an approval or denial of their Public Safety Officers’ Benefits application.  This is despite a 2004 Attorney General memorandum that instructed the Public Safety Officer s’ Benefits Office to make a determination on all filed claims within 90 days of receiving all necessary information.  

Grassley initially wrote to Mason on January 12, 2015, and February 28, 2015, after learning that several cases of fallen Iowa officers had languished for over 3 years. In its response to Grassley, the Justice Department acknowledged “the need to improve the timeliness of the process for reaching PSOB claims determinations.”

Grassley said today’s letter will help evaluate whether the Justice Department is making progress on providing answers to the families of fallen law enforcement officers.

Grassley’s letter to Mason can be found here.  A signed copy of today's letter can be found here.  The February 28, 2015, letter can be found here.  The Justice Department’s March 27, 2015, response can be found here.  The January 12, 2015, letter can be found here.  The Justice Department’s February 26, 2015, response can be found here.

VIA ELECTRONIC TRANSMISSION

The Honorable Karol V. Mason
Assistant Attorney General
Office of Justice Programs
U.S. Department of Justice
Washington, D.C. 20531

Dear Assistant Attorney General Mason:

In 1976, Congress passed the Public Safety Officers’ Benefits (PSOB) Act to provide benefits to survivors of certain public safety officers who die in the performance of duty.   I write today to ensure that that the PSOB Office within the Justice Department’s Office of Justice Programs (OJP) is doing its job on behalf of the families of these fallen officers by processing PSOB applications in a fair and timely manner.  

In 2009, the Government Accountability Office (GAO) reported that families of fallen or injured officers waited an average of a year and a half before receiving an approval or denial of their PSOB application,  despite a 2004 Attorney General memorandum that instructed OJP’s PSOB Office to make a determination on all filed PSOB claims within 90 days of receiving all necessary information.   A 2008 Office of Inspector General (OIG) report noted that legal reviews conducted by OJP’s Office of General Counsel caused delays in the claims process.   The PSOB program director has acknowledged that calls and e-mails from claimants or agencies are not always returned.  
 
So, on January 12 and February 28, 2015, I wrote letters to you expressing my concerns over these findings and asking for status updates on pending applications.  On February 26, 2015, the Department acknowledged “the need to improve the timeliness of the process for reaching PSOB claims determinations.”  The Department also announced that OJP had initiated a business process improvement review that would produce corresponding recommendations.

  According to the Department’s March 27, 2015 letter, as of February 28, 2015, there were a total of 656 PSOB death benefit applications that were pending at the PSOB Office level and 78 other PSOB death benefit applications that were pending at various appellate levels within the Department.

Please provide written responses to the following questions by June 12, 2015:

1.    What is the status of the six PSOB death benefit applications that were filed on behalf of Iowa public safety officers and were pending as of February 28, 2015, including that of Chief Robert Smith (E.O.W. 3/13/2010) and Chief Lyle N. Rusk (E.O.W. 11/23/2008)?

2.    As of the date of this letter, how many PSOB death benefit applications are pending at OJP?  Please provide a breakdown by state and date of filing.

3.    As of the date of this letter, how many PSOB disability benefit applications are pending at OJP?  Please provide a breakdown by state and date of filing.

4.    As of the date of this letter, how many PSOB education benefit applications are pending at OJP?  Please provide a breakdown by state and date of filing.  

5.    What is the status of OJP’s business process improvement review?  What recommendations for improvement have been identified?  

Please number your responses according to their corresponding questions.  If you have any questions, please contact Jay Lim of my Committee staff at (202) 224-5225.  Thank you.  

Sincerely,

 
Charles E. Grassley
Chairman
                        
 cc:
    The Honorable Michael E. Horowitz
    Inspector General
    U.S. Department of Justice     

 

 

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