The National tribune., 1898-06-02
PENSION POINTERS.
Inquiries Answered and Sug.
gestions Made.

ply is printed within three weeks. write again.
II. w. p, Westerville, O.-There is n,
discrimination in ratings under the gen
eral law between long-term and Short-tern
volunteers of the war of the rebellion
There may be instances of apparent in
justice, but it is not because of any dis
elimination in favor of the one as against
the other. All are rated alike for like dis
abilities. Ii anyone knows of any lmpOSi-
ton whereby an unduly high rate has
been obtained, it is his duty to report the
same to the Commissioner of Pensions
over his correct name and address.
Eeteran.-A pension case cannot be APP
pealed to the Secretary of The Interior UNI
less il stands rejected in the Pension Blu
rc2u. A rejected case reopened by the
Pension Bureau cannot be appealed against
an order by the Pension Bureau for further
medical examination. Ordinarily the Pen
sion Bureau Will not settle pension case
in which no medical examination has
been had within the period of two years.
w. NJ. D., Point Pleasant, w. Va
Proof of origin in service furnished in a
claim for invalid pension under the act of
June q, 1880, as showing that the alleged
disa bilitieS were not due to vicious habits, .
might or might not be regarded as Suffi-
cent to establish origin in the service and
line of duty if claim were now made I'M
der the general law.
j. L. T., Temple, Tex.-A widow may
draw pension under the general law with
out regard to how much or how little prop
crty or money she has, if she shows to the
satisfaction of the Pension Bureau that
the soldiers death was due to the service
and line of duty.
L. j. NJ, Dilworth, O.-The title of a
widow to pension does not depend upon the
amount of pension the soldier drew, or UNI
der what law he drew it, or upon his having
drawn any pension at all.
w. H., Cleveland, O.-The decision
defining manual Labor" referred to in
this column IN recent issue of The
National Tribune, was rendered by the
former Assistant Secretary of the Interior,
April 6, 1895. In that case the claimant
was surveyor by profession, and was
able to do the walking necessary, though
he had assistants to carry and set the in
struments for him. 1t was held that he
was not wholly unable to do any manual
labor" A person able to engage in only
practically purely mental occupation
would probably be held to be wholly un-
able to perform manual labor"
A. j. F., Leonie, Neb.-If an attorney in
q pension case rejected by the Pension
Bureau regards an appeal to the Secre-
tery of the Interior as advisable, of course
he should prepare the appeal, and not the
claimant. If the claimant chooses to
ignore his attorney and take an appeal
himself, regardless as to whether the at
torney has or has not advised an appeal,
the attorney may or may not profit by the
claimant action, according to the time
which has elapsed since the case was re-
iected and what, If any action he has
taken with view to having the case re-
opened.
E. C. j., Monroe, Mich.-I an invalid
pensioner drawing under the act of June
q, 1890, applies for and obtains a rating
under the general law, the rating COM
mences from the date of filing of the gen
eral law application.
J. F., West Rush, n. Y.-The act of
into
secure to claimants under the act of
June 81, 1890, pension under said act from
date of filing of first application under the
act, is so construed as to be OF little prac-
teal benefit.
ID. c. B.-Your attorney is mistaken in
saying that a claim for invalid pension
under the act of June 81, 1890, cannot be
rcopened after rejection. IL rejected on
the ground of no pensi onable degree of
disability, the testimony of physicians or
others may be flied to controyert such
holding. An appeal may also be taken to
the Secretary of the Interior.
II. II. W.-When an INVALID pensioner
drawing s12 per month under the act of
June q, 1880, was dropped and his pen
sion reissued at his former rate of $40.
under the general law, and he has since
been increased to more than S12, under
the general law, q claim for restoration
under the act of 1890, for the period from
the date he was dropped under the act of
@
the general law to more than SIP, might be
the means OF securing S12 rating for the
interval OF reduction. If an invalid pen
sioner under the general law applied for
increase on pensioned disability, and. be-
fore such claim was considered applied
Tor pension under the act Of 1880 VI hich
last claim was allowed at the maximum
rate. and he has not since heard from his
increase claim, il Is probable that he was
held not to be entitled TO any higher rat
ing at that time than was allowed him
under the act of 1880.
Old SubscTiber.-A pension claimant
has q right to withdraw his claim at any
time, but il is doubtful if the attorney
loses his rights in the case thereby if the
claimant proceeds to renew the claim.
however formally or informally. If the
new claim is made under a different law
from the former claim, of course the at
toTney IN the old claim has no rights in
the new claim.
J. S. r., Ell Reno, o. TIFF minor
child lunder 1e) has applied for pension
under the act of June %, $780, and desires
TO claim the benefit of the provision for
children insane, idiotic, or otherwise
permanently helpless" its rights are not
affected by the fact that in the application
filed no claim was specifically made for
the benefit Of such provision Of the law.
The child Will receive the benefit of the
provision If a supplemental application
be filed and the facts as to the child's
CONDITION Ouly SHOWN IN evidence, Your
statement OF the case is not sufficiently
full. widow who has remarked NAV
not apply under the act of 1890 and OBJ
tain back pension.
S. II. s., Naperville, Il.-Only the duly
recognized attorney OF record on the al
lowance OF a pension claim is entitled to
Tee as attorney in the case.
j. b. T., Mexico.-Subiect to review
on appeal, by the Secretary of the interior
the Commissioner Of Pensions has the
determination OF the rate of pension To
which a claimant is entitled under the
law and the evidence submitted, Sec
ton 40s6E, Revised Statutes provides
that the certificate of an Examining
Surgeon, or of Board OF Examining Sur
geons, shall be subject TO the approval of
the Commissioned of Penisons" Section
1915, Revised Statutes, provides for the
appointment of "a duly qualified surgeon
as Medical Referee, who, under the con
troll and direction Of the Commissioner of
Pensions, shall have charge of the ex-
animation and revision of the reports OF
Examining Surgeons"
NJ. T.. D.-Tltle to widows pension nm
der the general law is dependent UNION
the soldiers death being shown to he
due TO his service and the line of dntv.
The title OF the widow under the act of
June II, 1880, would be dependent unon
the soldier having served not less than
By days, and upon the widow being. in the
view of the Pension Bureau, dependent
upon her daily labor upon persons not
legally bound for her support.
w. NJ. d., Point Pleasant, w. Vain a
decision rendered Nov. z, 1896, the Depart