The Family of the Deceased Border Patrol Agent Fights for Compensation

• Lisa Afolayan has been trying to obtain compensation for her late husband’s family for 16 years.
• The backlog in processing claims for the compensation program has increased, and many families wait years for a decision.
• The compensation program has been expanded, but the number of denials has also risen.

This is reported by Associated Press, The Independent.

Lisa Afolayan, the widow of a U.S. Border Patrol agent who died during training in 2009, has been trying for 16 years to receive federal payments promised to the families of first responders whose lives were cut short in the line of duty.

During this time, she and her two daughters have not received a single penny, while officials from the compensation program attempt to justify their decisions to deny compensation. Lisa describes this as a "nightmare" faced by many families who have experienced loss.

According to Lisa, "It’s just awful that we have to fight so hard." Her husband, Nate, was hired to patrol the U.S.-Mexico border in Southern California. She notes that it is emotionally difficult, and it seems that the officials do not care.

Lisa's case is included in the rapidly growing backlog of claims for payments to the families of deceased and injured officers. Hundreds of families have been waiting for years to find out if they qualify for payments, and an increasing number of claims are being denied, as data from the program shows.

The program is failing to meet its goal of making decisions on claims within a year. About 900 claims have been pending for more than a year, which is three times more than five years ago. More than 120 of these have been in limbo for at least five years, and about a dozen for ten years.

Officials at the Justice Department, which oversees the program, acknowledge that there is a backlog due to an increase in the number of claims, which has more than doubled in the past five years.

The Officer Compensation Program Has Existed for Several Decades

The officer compensation program was created by Congress in 1976. Initially, it provided a one-time payment of $50,000 for families of those who died in the line of duty.

Today, it pays $448,575 and has allocated over $2.4 billion. The program was expanded in 1990 to include eligibility for some disabilities.

Since 2020, Congress has passed three laws expanding eligibility for payments for officers who died after contracting COVID-19, or due to injuries sustained during rescue operations, or suicides.

Today, the program reviews 1,200 claims annually, compared to 500 in 2019.

The wait time for decisions and the number of denials have increased along with the program's workload. About one in three claims for death and disability was denied last year.

Lisa Afolayan's Case Continues to Be Challenged

Lisa submitted her claim for payments, including a death certificate stating that Nate's cause of death was heat stroke. She hoped the assistance could support her family.

The program denied the payment, citing Nate's genetic condition, which was revealed after testing. Nate had sickle cell trait, a common condition, but it is associated with rare cases of death due to physical exertion.

Lisa continued to appeal, and in 2022, an appeals court ordered the program to reconsider her claim, noting that the program may have erred in denying it based on genetic information.

The case is still unresolved, and Lisa Afolayan continues her fight for compensation, which has now lasted 16 years.

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