The National tribune., 1882-12-14
INCREASE AND ERRORS IN RATING.

INCREASE AND ERRORS IN RATING.
The Commissioner renews his rccommcnda
ton that in place of the present law an act b(
passed containing substantially the following
provisions:
If any invalid pensioner shall feel that his
pension is not commensurate with the degree
OF his disability, either because it has been i'm
properly rated by the Commissioner of Pen
siOns, or because the disability for which he
was pcnsiOned has increased, or because
of another disability incurred in the
service for which he is not pensioned
he may appeal to the Commissioner OF
Pensions for a rerating or an increase, as the
case may be, at any time within one year i'm
mediately following the original adjudication
and said application shall be construed and de-
termined in the same manner as was his origi-
nal application, so far as such proceeding shall
be applicable to the case. And the Commits
sioner of Pensions shall cause any invalid pen
sloner to be examined by board of surgeons
as often as he shall deem 1t for the interest of
the Government, or of the pcnsioner; and if
upon such examination, it shall appear that the
pension enjoyed by the pensiOner is not accord
ing to the degree of disability, and that such
disability, in its nature, has been permanent in
the same degree as then found. the same shall
be readiusted and rerated according to right
ard justice provided, that in case where in
crease is granted for the reason that the disa-
blnty has increased since the pension was last
rated by the Commissioner of Pensions such
increase shall commence at the date of the fill
ing of the application therefor; and provided
further, that if the disability has not changed.
in degree, since discharge, such increase or rat
ing shall commence on the date at which the
original pension began; provided further, that
all applications for increase on the ground that
the pension has been improperly rated, made
anC filed more than year after such alleged
improper rating was fixed by the Commissioner
of Pensions, shall be treated and settled as in
the case of increase claims on the ground of
increased disability and the Commissioner of
Pensions is authorized to correct at any time,
on his own motion and without application, a
manifest error committed at any time in the
rating of any pension.
Il should be enacted that the "permanent
spefc disability" mentioned in section 469Ss of
the Revised Statutes be construed to refer to
any disability, permanent in its character
and the increase Of pension therefor to COM
mence from the date of application and at the
rate IN which 1T exists IN permanent degree.
OTHER RECOMMENDATIONS.
The Commissioner also recommends that the
statutes be so amended as to entite minor
children to pension from the date of the SOL
dier's death where the widow has remarked
prior to July l, 1So0, without having received
any pension on account of such soldiers death:
and also, so as to leave it to the Commissioners
discretion to grant pension in the case of de-
pendent relatives where actual dependence as
described in the statute is not proven to have
existed at the time of the soldiers discharge As
IN illustration ofthe purpose of the latter recon-
he cites the following:
widowed mother in the endowment of a
competence, and otherwise in ordinary crcum-
stances, gives her only son to the defense of the
country. She has fitted him in every way to
become her prop in life when she shall have
advanced to greater age, or TO degree of |
which would require his maintc- |
nance and support The son is killed in battle: |
le does not i'll fact contribute to the support of
lis mother at the date of his death but in |
'eality has been supported by her up to the |
line of his enlistment Increasing years and /
diversity Overtakc the mother, and she be !
Omes dependent upon the charity of friends |
lad the son lived this would not have been !
he case, and yet we are obliged to deny her a
,cnsion because, at the date of the soldiers |
cath, 1t cannot be shown that she was depend !
mt upon him for support, in whole or in part !
The mere statement of such a case it seems to |
ne, carries with it the argument to convince !
Ii that there is a necessity for an amendment |
0 this section.
PROTECTION OF THE PENsIoNER.
The Commissioner is very outspoken as to
he necessity of amending the laws for the
Of the pensiOner. He says:
Section 47l5, relating to pledge, mortgage,
ale &c, of a pension certificate, or any right |
T title hereunder, has by subsequent lcgisa-
ion been modified SO that all after the words
tI,.., h..
n line 3, is practically obsolete. | therefore
that the words following no
feet" in said line, be stricken out, and the
blowing inserted iii lieu thereof And any
erson who shall retain the certificate of a
customer, and refuses to surrender the same,
pom the demand of the Commissioner of Pen
ions, or Il United States pension agent or any
thcr person authorized by the Commissioner
f Pensions or the pensiOner TO receive the
lme, shall be guilty of a misdemeanOr, and
pom conviction thereof may be fined in a sum
OF exceeding SlO0 and the costs of the prose-
ltiOn."
The abuse of this section has grown to such
roportlonS that the above action is deemed
CccSSary for the protection OF the pensioners
rates of interest are charged by
loculatOrs who evade the exact terms of the
,ction forbdding any mortgage, sale or as
&c, by becoming the custodian of
lie pension certificate for the use of the pen
oner The pensioner must necessarily apply
them to execute his voucher, as the same
lnnOt be executed without the exhibition of
he pension certificate to the officer before
hum the voucher Is executed. The broker
zen accompanies the pcnsl0ncr To the agency
nd stays with him until his check is cashed
hen, as soon as conversion into money takes
ACE, he mulcts the victim in heavy damages
I'd retains the pension certificate to repeat