Brain Injury Lawyer Blog

As discussed in our previous blog, the U.S. House of Representatives, Transportation and Infrastructure Committee, held hearings on July 24 on medically unfit truckers. Click here for the hearing information. Included in the hearing documentation was a GAO (Government Accountability Office) report on this issue. That report discussed in length such concerns. Our next several blogs will detail the findings of that report, GAO Report to Congressional Requesters: Commercial Drivers Certification Process for Drivers with Serious Medical Conditions.
http://www.gao.gov/new.items/d08826.pdf

GAO did this study for the Department of Transportation (DOT) to assess how many drivers with a CDL ( Commercial Drivers License) who are medically unfit, are still driving with a CDL. Since those with CDLs are licensed to drive large vehicles, including semi tractor-trailers, it is important to know that the DOT is doing everything possible to insure that CDL drivers are not putting other vehicles in danger because of their serious medical conditions. For this reason, the DOT has specific medical rules for individuals who are obtaining a CDL license or who hope to maintain their license.

The GAO analysis found some disturbing information about the medical conditions of thousands of drivers who have a CDL. Working with the Department of Veterans Affairs and Labor (VA), Social Security Administration (SSA) and Office of Personnel Management, the GAO found that approximately half a million individuals who have a CDL were eligible for full disability benefits. Allowing these individuals who have been deemed unable to work, to drive a commercial sized vehicle, could be risky and dangerous.

In theory, qualifying for a full disability should involve an objective determination that an individual is unfit to work and even more so, drive a commercial vehicle. The government sends experts to look at a claimant’s medical files, hospital documents, may require a special evaluation and analyzes past relevant job history. When the government confirms that an individual is fully disabled, this should mean that an individual would be a poor candidate to engage in the activities of a commercial driver.

This government website lists many of the conditions that determine whether you are disabled and the basic guidelines that determine your ability.
http://www.ssa.gov/pubs/10053.html

While as brain injury advocates, we are always striving to rehabilitate our clients, such rehabilitation cannot involve vocations that put both the disabled person and the general public at risk. Our next blog will provide examples from the GAO report of those using a CDL license, despite seriously disabling conditions.