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LIFE AFTER LAW ENFORCEMENT:

COMING UP WITH PLAN B

 By Christa M. Miller

 Doug Howe was just a probationary state trooper when the accident occurred. Responding to a request for assistance with a high-speed pursuit from a local agency in their assigned northern Maine patrol zone, he and his field training officer set up a roadblock. With their cruiser placed diagonally across the straightaway, they watched the Corvette approach. “My partner said, ‘That guy’s not stopping,’ ” Howe recalls. “So we bailed out. Because we’d left the Corvette an escape route to the front of our cruiser, we ran to the rear.”

But, the Corvette’s driver was strung out on drugs and alcohol and, at the last minute, swerved toward the cruiser’s rear. As Howe and his partner ran, the Corvette’s rear bumper caught the cruiser’s rear bumper, sending the sports car into a spin. “This was 1976 when Corvettes’ headlights popped up,” Howe says. “It was night, so the lights were up. As the car spun, one headlight’s corner struck a glancing blow off my trailing leg.” Although no bones were broken, the leg “exploded,” split from groin to ankle, with torn cartilage and destroyed blood vessels. And, being so close to the Canadian border, help was quite a ways away. “When the ambulance crew arrived, they thought I was dead from blood loss,” says Howe. “I should have been.”

Instead, he spent the next two weeks in the hospital, undergoing surgery to repair the extensive circulation and soft tissue damage. Physical therapy helped him learn to walk again, but the prognosis wasn’t what a young state trooper wanted to hear. “I was told I’d never be normal again; I’d have severe arthritis, need to walk with a cane, and eventually require hip and knee replacements.”

Six months after the accident, Howe was placed on light duty. “In those days, the Maine State Police had no disability retirement policy; they’d find something to justify your existence. I drove an hour and a half daily to the barracks to work dispatch or do paperwork or, later on, visit schools in a public relations capacity.”

More Bad Luck

But, ten years postaccident, life changed again: Howe reinjured his leg. “I slipped on ice, not enough to fall, but enough to wrench my knee,” he says. “That put me out on workers’ compensation for nine months.” By then, Howe had a family – and the system wasn’t so forgiving. Because this injury was related to the original accident, workers’ comp paid only two thirds of his probationary trooper’s salary. Moreover, the agency’s disabled officer policy had changed. Although Howe’s doctor cleared him to return to full-time light duty, his chief demanded a note saying he was fit for full duty. Without it, the chief told Howe, he’d have to find another career.

Dr. Deborah Linnell, a retired disabled police officer who now researches injury and disability among public safety personnel, says experiences like Howe’s are common. Navigating medical, insurance, and legal systems on top of dealing with emotional, physical, and financial realities can create overwhelming confusion for disabled officers. In her article, “Responding to Suicidal Risk Among Injured and Disabled Police Officers” (published in September 2004’s The Bridge, the official publication of the National P.O.L.I.C.E. Suicide Foundation), Linnell writes, “An individual police officer’s reaction to a potentially career-ending injury can vary based upon their personal beliefs about disability; their prior experience with people with disabilities; the physical, financial, and legal challenges imposed by the injury-producing event; and the reaction of coworkers, supervisors, and significant others to the event and injury.” She adds that, although some officers believe “it’s better to be dead than disabled,” life can (and does) exist beyond law enforcement. The key lies first in recognizing your job for what it is – an occupation so hazardous it’s one of the few exempt from the Americans with Disabilities Act – and second, planning accordingly for the future.

Early Retirement Due to Disability

Retired Alexandria (Virginia) Police Sergeant Kathy West was surprised by a sudden heart attack in October 1999. “I had no family history [or other risk factors],” she says. “The doctors [including my own cardiologist] said I had very mild high blood pressure that was under control and couldn’t have caused the heart attack. One doctor flatly told me, ‘Your only risk factor is your job.’ ”

Assigned to the agency’s Planning and Accreditation Section at the time of her heart attack, West went on light duty for two and a half years before she had to retire in April 2002, three years shy of her goal of a 30 year career. The reason was job stress. “All cops are at risk for cardiac problems,” she says. “That’s why it’s officially recognized in Virginia with the ‘Heart-Lung Bill.’” (Under the bill, police officers’ and firefighters’ cardiopulmonary problems are automatically presumed job-related.)

Vocational Rehabilitation

Howe found a way around his chief’s advice. “The state police posted a job for which I was physically qualified. I asked them whether they could force me back to my old position if I was the best qualified candidate, and they said no. So, I went through the application process and was hired.” The result was a distinguished, if unconventional, career with a joint state-federal anti-smuggling task force.

Howe even recovered from his knee reinjury. “A chiropractor in my church offered to help me with the pain and physical restrictions,” he says. “At the time, I thought if you didn’t have ‘M.D.’ after your name, you were a witch doctor. But, traditional medical practitioners had written me off and I was so desperate that I was willing to think outside the box and try something different. If I hadn’t been in the position of walking with a cane and being told to leave the state police, I wouldn’t have let the chiropractor treat me. A month after I walked into his office – totally dependent on my cane – I walked without it. I haven’t used it since.”

Linnell writes that the ideal time to form a rehabilitation plan is before the injured officer’s hospital discharge. The plan should include both short- and long-term issues related to the condition, as well as work and family activities which, she says, “facilitate hope” if incorporated from the very beginning of treatment. “Some agencies find it ‘easier’ to place highly trained officers on disability rather than providing comprehensive rehabilitation services,” she writes. “Having the injured officer actively participating in a rehabilitation plan that encourages creative problem-solving [which addresses both reinjury risks and the challenge of adjusting to life changes] can go a long way in preventing suicide.... [This] can help injured officers feel useful and needed.”

Alternative Career Paths

Officers who are disabled, but still need to work, may find they can train in other areas of interest. Howe says that, if he had it to do over again, he would have left law enforcement after reinjuring his knee. “[The way the system was set up] I still would’ve received half [of my] retirement benefits and found something else to do besides spin my wheels,” he says. “But, the combination of hopelessness and depression made me hold onto the one thing I had, even if it was dispatch. And the system I was stuck in was directing me down a traditional and narrow path.”

Although he’d earned two business-related college degrees, Howe says he probably would’ve become a physical therapist instead. “I learned a lot from my chiropractor and physical therapy is a helping profession like law enforcement,” he says. For her part, West is interested in copy editing. “My former boss said I was a natural for it, and it was partly the reason I was selected for the Planning and Accreditation Section,” she says. “I’m particularly interested in accreditation management and writing or updating policy.”

But, even with a plan for a new career, officers with disabilities may face seemingly insurmountable challenges. Linnell, for example, incurred severe head injuries when she was dragged, and then thrown from, a moving vehicle early in her career. The injuries left her with not only physical limitations, but also cognitive ones, including reading and writing difficulties. Like Howe, she wanted to return to a helping profession, but was told her limitations were too profound. It took years for her to find support to complete her graduate and postgraduate degrees and become a rehabilitation counselor.

Relatively small challenges, too, can have a big impact. Although an English degree would help West achieve her goals, her family can’t afford for her to go back to school. She stays active through volunteer work at her church and public school. With the hope that she’ll eventually return to paid work, she recognizes her physical restrictions would still apply.

Howe faced an unexpected challenge after returning to law enforcement. “My career on paper was stellar,” he says. “I was made an assistant federal marshal because of my work on the task force. I have a scrapbook full of letters from governors, attorneys general, police chiefs, and others because of my undercover work. But, because I was never a ‘real’ trooper, I didn’t have many of the same opportunities I would have if I’d been healthy.” Because his work was covert and always within specialized units, Howe could also have no contact with other law enforcement officers. “By the time I retired in 1996, I didn’t know anyone and I still don’t,” he says.

“[Making postcareer plans] is so hard because we all think we’re invincible,” says Linnell. “[But] losing my badge [and, thus, identity] due to disability put me into [such] a deep depression that I almost committed suicide.... I had gotten so into law enforcement that even my volunteer community service centered around my role as a police officer. I wish I’d known there are so many community activities that don’t want you strictly for your police affiliation. [Police officers] do a tremendous disservice to our families and communities when we only affiliate with police-related activities. It doesn’t allow us to develop other aspects of our personalities that can actually benefit our roles in law enforcement.”

She adds that disability pensions often limit the work disabled officers can perform and/or their lifetime earnings. Some nonprofit organizations address such problems, affording injured officers the chance to volunteer their skills. The National Center for Missing & Exploited Children (NCMEC)’s Project A.L.E.R.T. (America’s Law Enforcement Retiree Team) is one example. In Linnell’s 12 years on the team, she says, “I learned more on this team, and worked more cases, than I ever did as a street cop and it was fine with them that my retirement was disability-related (there are several of us with disabilities).”

Planning for the Future

“Public safety personnel haven’t been officially defined as a group in need of rehab services,” says Linnell, “so the government leaves it up to individual agencies and states to determine what data is (or isn’t) collected.” The result: There is no hard evidence to support officers’ often uphill battle for benefits. Moreover, she notes, the lack of a standard definition for a “disabling injury” means the nearly 17,000 law enforcement agencies in the United States have theoretically created almost 17,000 policies which define the reporting and handling of disabling injuries. These range from the right to require disabled officers to give up their careers to the responsibility to pay full disability benefits even if an officer can physically perform a different job within the agency. Because of these variances, it’s a good idea for all officers to plan for an injury or disability.

“Although we couldn’t dwell on it and still do the job, all cops know they might get killed or hurt,” says West. Even when other officers retire due to disability, however, this recognition doesn’t always translate into action. “I personally didn’t think much about being disabled and didn’t realize its implications to my family and me,” West adds.

R. Alan Gumm, a Texas law enforcement officer, began studying computer science not because of any direct experience with disability, but because of his self-described cynicism. “I figured it was only a matter of time until something bad happened to me,” he says. “I have a family to take care of and realized that, if I got hurt, I’d have no way to take care of them. The rest of my family is only as well-off or worse than I am, so there’d be no living off help from them. With only a high school education and eight years in the Army, I knew I didn’t have the education to get a well paying job if I was severely injured.”

To that end, Gumm made an alternative career plan. “I decided to plan based on being crippled from the neck down.” Computer science fit the bill for several reasons. “Since elementary school, I’ve enjoyed working with computers. Computers come naturally to me and I run and maintain a four computer network at my house as a hobby. What better degree to seek than one I consider a hobby? Also, even completely disabled people can use computers. Just look at Stephen Hawking. As long as I can at least move my head, mouth, and eyes, I can program a computer, so my plan would be to use the degree to get a new job. As long as I have the degree before I’m hurt, I can start as soon as I’m injured.”

Once he gets his degree, Gumm plans to stay current by reading trade journals. He may even transfer into his agency’s computer crimes unit, an option which exists for other specialized law enforcement officers, such as crash reconstructionists. Indeed, Linnell recommends breaking the police job down into “transferable skills,” learned in one area but applicable to others. “Most cops become very good at creative problem solving and working on teams with others,” she says. “Any job that requires one to work in a team atmosphere or to solve complex problems can benefit from someone with police experience.”

Gumm adds that the answer to life after law enforcement isn’t a criminal justice degree. “I know many people here in Texas spend their time and money on a CJ degree, mainly because their academy time is converted into most of the credits needed for the degree. Many people, therefore, get the CJ degree simply because it’s quick and cheap. But, if you’re disabled, what white-collar job will a CJ degree get you? You’ll get absolutely no job if you only have an associate’s or bachelor’s degree. Just like psychologists suggest you have friends outside of law enforcement, I suggest having a degree aside from law enforcement – one that will land a job in the civilian world.” Because Gumm’s agency doesn’t pay for his education, he’s using the Montgomery G.I. Bill, the Army College Fund, and student loans to cover his tuition – and, in the meantime, pays for an agency sponsored accidental death and dismemberment insurance policy.

The Bottom Line

“Think the unthinkable, then plan ahead to protect yourself and your loved ones,” says West. “Disability can happen to anyone at any time. At the very least, have a will, a living will, and an advance power of attorney. Save as much as possible for retirement and the unexpected. You will not be sorry. Think of ways you can use your skills to earn money whether you retire regularly, or unexpectedly on disability. Get training ahead of time, if needed, and if possible.”

Howe advises, “Plan for a significant drop in earnings far into the future and don’t give into the temptation to think you’ll get a large insurance settlement. That may happen, but it will also mean no future income. When you have so much going on in your life, you don’t think about these issues, especially when you still have to pay the mortgage. That’s one reason why it’s important to have a friend outside your family, someone who can be your advocate and counselor, to provide support in those early days when the rest of your family members are too focused on immediate concerns to notice the longer term problems.”

Finally, says Gumm, “Plan for the worst. Don’t assume anything. Don’t assume family or friends will be able to help, and don’t assume you’ll only be slightly hurt. Make the plan based on being totally alone and disabled. If it’s not that bad, you’ll just be pleasantly surprised instead of being caught unprepared.”n

About the Author:  Christa M. Miller (cmmiller@psouth.net) is a freelance writer based in southern Maine. She specializes in public safety issues.

(Sidebar)

Disability’s Financial

Realities

Whether you retire early, go into a different line of work altogether, or eventually make it back into law enforcement, it’s absolutely critical to cover yourself financially – because your pay won’t be the same. For example, workers’ compensation and disability insurance payouts won’t add up to your original salary. Some of the income you do get – including vacation and sick leave you earn while on workers’ comp – may be taxable and not taken out of your paycheck.

More pressing, though, is the lag time between injury and payout. “Our personal savings were severely depleted while waiting for my employer and workers’ comp to approve the case,” says West. “We even had to raid the kids’ college savings.” In Virginia, sick leave is limited to 16 weeks; after that, workers’ comp must pay for time away from work. If the Virginia Workers’ Comp Commission hasn’t approved the case by then, disabled officers must take leave without pay. Even after approval, although pay is retroactive, it’s also only about half of the regular salary.

Linnell’s experience with Maryland’s system was similar. “My agency had a limit of six months. After that, I went on leave without pay and had four months with no income at all which also suspended the family health insurance coverage. Had my daughter had a chronic illness or disability, she would have been penalized since I wouldn’t have been able to pay her medical bills.”

Another consideration for those returning to work is lost time from physical therapy and other wellness checks. For instance, after West’s initial three month leave, she still needed to work only part-time because of cardiac rehab three times a week plus regular doctor visits. “I’m thankful I was allowed to adjust my hours to minimize the time lost for those visits,” she says.

Avoiding Financial Setbacks

Linnell says, “First and foremost, know before you get hurt what your agency does and doesn’t cover for work-related or nonwork-related injuries. Just because you get hurt at work doesn’t necessarily mean your agency will consider it work-related.” One example: If an on duty, uniformed officer walks into a convenience store on his beat for a cup of coffee and gets shot because he unknowingly walks in on an armed robbery in progress, the agency may not consider him line of duty. However, if that officer says he was routinely checking up on the convenience store because of its reputation as a “stop and rob” establishment, then the injury would be considered work-related.

West brings up another scenario: nonwork-related disability. Compensation for this is much less,” she explains. “For example, a friend of mine was hit by a car while riding a bike off duty. She had less than five years in the department and is now in a wheelchair with a spinal cord injury.” Along with the lack of workers’ comp, the officer’s health insurance had a maximum lifetime benefit of just $1 million which her catastrophic injury caused her to exceed. “She is way past that and depends on our annual Kops for Kris/May Day 5K race to fund her continued therapy.”

Individual insurance policies can pay off mortgages, credit cards, bills, and other expenses in the event of a disability. “Check the fine print carefully,” Linnell advises, “as many policies exclude persons employed in public safety and other high risk occupations from collecting (even when you’ve paid the premiums) and some won’t pay out if you’ve ever participated in high risk sports or military service. Supplemental insurance policies may be the way to go for those participating in high risk assignments.

“Some agencies won’t pay any expenses if there is a belief that the injured officer somehow contributed to his/her injury,” Linnell adds. “A lawyer may be able to help resolve the problem, but the officer could be left holding the bag for many months or years trying to get the issue resolved.” A separate family savings account holding at least one year’s worth of rent or mortgage, tuition bills, food, utilities, and other family expenses is therefore a good idea; an accountant or other nonunion affiliated financial planner can help set this up. Families, preferably with an attorney, must also talk honestly about disability risks and the range of problems which could result, including civil suits, assignment changes, and so on.

Officers should also limit the amount of money they invest in their agency’s retirement account. “I made the mistake of putting additional money into the department’s retirement fund each pay period thinking I would have a greater nest egg at retirement,” says Linnell. “Then, I got forced into disability retirement. Not only did I lose money [that would have gone into the fund anyway], but they also attached all the additional funds I’d put in to reimburse my agency for its losses.”

What if You’ve Already Been Injured?

Postinjury, Linnell says it’s important to keep detailed records of visits to doctors and therapists (including a mileage log) and any other injury-related expenses; for example, child care an injured officer can’t provide during recovery or a spouse’s income loss owing to missed work to care for the injured officer. “You may be expected to produce these in court or to the workers’ comp carrier,” Linnell notes. When workers’ comp payouts do come through, they can still present problems when they’re not made on time. “Some doctors and hospitals send negative statements of nonpayment to credit reporting companies when the workers’ comp carrier hasn’t paid them, even years after the officer has recovered and returned to work,” Linnell says. “Often, the officer may not learn of the negative information until he (or she) applies to make a major purchase, such as a home.”

She advises hiring an attorney unaffiliated with the agency’s union, because union affiliated lawyers have a conflict of interest. The lawyer must be able to continue actively representing you after your retirement. “Remember, like the rest of us, attorneys expect to be paid for their services,” Linnell cautions. “Some insurance and workers’ comp plans won’t provide a settlement if your agency formally retires you on work-related disability and some states and contracts prohibit attorney payments if no settlement occurs. Ask around so you won’t find out the hard way (like I did) whether the attorney will ignore a phone call or letter after they realize they won’t be paid.”

Finally, she says, take responsibility for your own health care. “Know what you can and cannot do and be very active in trying to get yourself back to work. Ask lots of questions about what you can do to keep from losing strength and conditioning in noninjured areas of your body. Make sure you get very concrete answers. Your focus should be getting back your health so that you can function independently in family, work, social, and recreation activities.”

Howe agrees. “I made the mistake of allowing others to make my decisions for me,” he says, “but it would have been more constructive to figure out on my own what I was capable of and what I could have been made capable of.” The repercussions of not taking charge are more than just emotional. “Some people, including lawyers, will suggest that you stay home as long as possible, insist on medical care your doctors don’t believe will provide sufficient help, etc. so you can get a higher settlement,” says Linnell. “While this may happen in some cases, in reality, it constitutes insurance fraud.”