Ineligible for State Assistance, One Man Begins Crusade

CAPE MAY – Out of jail, out of work, out of money and out of options. This is the story of Jay Gurdgiel. In times that are economically difficult for a large percentage of citizens, they are downright devastating for Gurdgiel. In a country where it is estimated that 3.9 million Americans have been eliminated from the workforce in the past five years, the number of citizens receiving social welfare benefits has sky rocketed. Gurdgiel is not one of them because he has been legally locked out. The 1996 Welfare Reform Act precluded persons convicted of a felony for drug distribution from eligibility in applying for and receiving most social welfare benefits. The one exception is Food Stamps aka SNAP (Supplemental Nutrition Assistance Program).
Gurdgiel served time at Yardville for a 1999 conviction on a Distribution of Marijuana charge. “I was released on July 3, 2007,” he said, further explaining that he did every minute of his sentence and was not out early on parole. The debt was paid in full.
Upon his release he resumed his occupation as a landscaper. It was a good job and he was good at it. But as the nationwide economic downturn kicked in, Gurdgiel found himself unemployed in late 2010. He received unemployment insurance benefits until late 2012. Then those ended but his unemployed status did not. He also developed some health challenges. He applied for Disability under Social Security but was denied. Gurdgiel said he suffers from General Anxiety Disorder and he is bipolar. He applied for state assistance but was declared ineligible based on his drug felony conviction except for SNAP. He was awarded around $200 a month. Eventually he went through his savings, sold most of his possessions, left his apartment and moved back in with his parents.
“My parents are resource poor,” Gurdgiel said, adding that both of them were on Disability.
Gurdgiel became disheartened and depressed. He has been hospitalized 15 times in the past two years. These circumstances were the genesis of his crusade.
According to the Social Security Administration, mental disorder is the leading diagnostic group for disabled people receiving federal disability insurance benefits, with 35.5 percent of all disabled beneficiaries having such a disorder.
The most recent report from the Social Security Administration (SSA) provides a statistical profile of the 10,088,739 disabled beneficiaries who were receiving federal disability benefits as of December 2012.
Within the “mental disorders diagnostic group,” the most common specific diagnosis for disabled beneficiaries is mood disorder.
“Individuals are considered to be disabled only if their physical or mental impairment(s) are of such severity that they are not only unable to do their previous work but cannot – because of their age, education, or work experience – engage in any other kind of substantial gainful activity that exists in the national economy,” says SSA.
But whether or not Gurdgiel fits into any of these categories, he is not eligible for state assistance, because of his prior conviction. Recalling his high school days when he led fellow students in a protest about the high school’s choice of a mascot, Gurdgiel knows the power of organizing people. That is his goal.
“I want to get the word out that while I know there are people getting benefits who don’t deserve it there are other people who deserve it who are not getting benefits. If people out of prison can’t get work and can’t get benefits, not even rehab services, what do you think they’re going to do?” Gurdgiel said that expecting them not to return to a life of crime is fanciful.
Cape May County Prosecutor Robert Taylor echoed the same sentiment. “My concern is with those released from prison who cannot find a job. There are some jobs they wouldn’t be suited for like working in law enforcement but I would like to see private industry open more opportunities to them.” Taylor said he had no comment on Gurdgiel’s situation because he was not familiar with all the details of the 1996 law.
Gurdgiel has reached out to his elected representatives and explained his case for changing the law. “I contacted Rep. LoBiondo and Sen. Van Drew. The Van Drew office said they’d get back to me.”
If the elected officials are unable to do anything, Gurdgiel is prepared to take it to the next level. “I am willing to do whatever it takes to get the law changed.” He spoke of petitions and picketing and enlisting the aid of anyone who may want to join his efforts. He is passionate about the issue and believes he is helping the community at large as well as the blocked felons.
“If you don’t want your car broken into or your house burglarized, these people have to be helped or they’ll get desperate and this will force crime to go up. It is the only way people can survive.”
Those interested can contact Gurdgiel via email at jay08251@gmail.com.
To contact Helen McCaffrey, email hmccaffrey@cmcherald.com.