The National tribune., 1901-11-28

or Pension Under the Act of june
"a, 1S9O.-In the case of Andrew b
1 cleveland, the claimant was pensioneI
under the act of Jupe %. 1890, at the rate
of SO per month, when a claim under the
general law, filed by him Aug. %, 1888
was allowed at the Eate Of ST per month
from the date OF filing the claim. and his
name was accordingly dropped from the
roll under the act OF June q. 1890. and
placed on the roll under the general law.
| While IN receipt of pension under the gen
erai law he filed, Jan. 49, 1892, claim
Tor renewal and increase under the act
of June 27, 1890, which was allowed at
Sl2 per menth from the date of the med
ical examination, Feb. 8. 1895. and his
name was dropped from the roll under
the general law. BE appealed, contend.
| ing that the increased rate of pension
granted him should have commenced from
the date of filing his declaration, Jan. 80,
1892.
1t is held asst Secretary Campbell,
! Sept. %, 1901) that the claim for renewal
of pension under the act of June %, 1890,
and increase, his title to pension under
said act not having been denied, was not
an original claim under said act, and the
! allowance OF the same was a renewal Of
! the pension originally granted, and that
the increase of the rate of pension was,
| under section 469Sl4 of the Revised Stat
utes, properly made to commence from
| the date of the certificate of the medical
examination held under the pending claim
(citing the cases of George Baltzer, 10
/ p. D., 81; Timothy J.. Carley, Z p D.,
| II, and James J. Durkee, s 2. D., 152).
Notice of Redaction-Act OF Dec.
q, 1S93.-In the pension case of Silas
/ kenick, the claimant was in receipt of
/ general law pension at the rate of $72
per month when ON April 4, 1896, his pen
sion was reduced TO $50. On his appeal
! - 4 -
! held, May 24, 1898, that the reduction was
made upon insufficient not ee under the
act of Dec. q, 1893, and il was directed
that the claim be reOpened anu a new eX-
animation held. On Dec. /, 1898, the
| Pension Bureau made a reissue of the
| pension, allowing claimant $50 per month
from the date OF reduction, April A. 1896
! ClaimAnt by a second appeal cOntended
that his pension had not been lawfully
reduced from April 4, 1896, and that he
was entitled to S72 per month to date Of
legal reduction.
The decision (Ass't Secretary Campeeli,
Sept. p, 1898 says:
1T is conceded by the Bureau, and
found by the Department, that the ac-
tion of reduction WIS not made in con
formity to law.
THE act of Dec. 21, 1893. is as fol
lows:
That any pension heretofore or that
may hereafter be granted to any appG-
cant therefor under any law of the United
States authorizing the granting and pay
ment of pensions, on application made and
adjudicated upon, shall be deemed and
held by all officers of the United States
to be a vested right in the grantee to the
extent that payment thereof shall not be
withheld or suspended until. after due no
tiee to the grantee of not less than 30
days, the Commissioner Of Pensions, after
hearing ali the evidence, shall decide to
annul, vacate, modify and set aside the
decision upon wAich such pension was
granted. Such notice to grantee must con-
tain full and true statement of any
charges or allegations upon which such
decision granting such pension shall be
sought to be in any manner disturbed or
modified.
at viii be noted that the notice to the
claimant must contain a true statement
Of any changes or allegations upon which
it is sought to disturb or modify the rate
of pension. This notice is necessary in
order to give the Commissioner jurisdie-
ton to reduce the rate OF pension, and 1t
must be in full conformity with the stat
ute in order that the proposed action shall
be legal.
'See the opinion ofsthe Department OF
May a, 1893, above referred to.
Under the law, upon the receipt of the
above opinion, the Bureau should have
sent the claimant a legal notice and taken
action accordingly, but it does not appear
that a legal notice was ever sent the
claimant. Under departmental instruc.
tons a special examination and n test
medical examination were held and the
claimant was granted $50 per month from
April 4, 1896, the Bureau receding from
its former action of reduction to $50.
''rhe act Of July ID, 1892, is rs fol
lows:
"'That soldiers and sniIors who are
shown to be totally incapacitated for per
forming manual labor by reason of in
jmries received or disease contracted in
the service of the United States and III
line of duty, and who are thereby dis
abled to such degree as to require fire.
quent and periodical, though not regular
and constant, personal aid and attend
ance OF another person, shall be entitled
to receive q pension of $50 per month
from and after the date of the certificate
Of the Examining Surgeon or Board of
Examining Surgeons showing such a de
gree of disability, and made subsequent
to the passage of this act
1T will be observed that a prerequisite
to the $50 rate under the law is a medical
certificate, made By competent authority,
showing such degree of disability Until
1898 there was no medical certificate
made in this case after the one made in
1887, which was the foundation of the
first $50 rate granted.
This claimant was lawfully placed on
the rolls at $50 per month, and in 1890
he was lawfully increased TO $72 per
month April 4, 1896, he was unlawfully
reduced to $50, and Dec. 1, 1898, he was
unlawfuliy placed on the rolls at $50, to
date from April 4, 1896.
July s. 1898, the claimant was ac-
corded an examination before a single
Surgeon, which examination described
conditions seemingly warranting a $50
rating; this examination was considered
unsatisfactory, and another examination
by full Board was held Oct. 81, 1898,
which clearly described conditions and
reached the conclusion that he was en-
titled to $50 per month and no more.
Therefore, the claimant was shown
lawfully to be entitled to $50 per month
from July s, 1898. Now, as to the period
between April 4, 1896, and the last-named
date. period Of two years, three months
and four days, the claimant must be con-
sidered as being lawfully on the rolls at
$72 per month, and is entitled, for that
period, TO SD per month.
There was no lawful authority for the
Bureau 20 date the $50 rate from April 4.
1896, no medical examination having been
held until two years afterwards, and it |
has been shown that. as a matter Of law, |
as well rs of fact, the reduction in 1896 |