When Lisa Afolayan’s husband died during a demanding U.S. Border Patrol training for new agents, she sought the federal benefits promised to families of first responders who die in the line of duty. Yet, 16 years later, neither she nor her two daughters have received any compensation, with program officials justifying their decisions to deny her claims.
“It’s infuriating that this fight has to be so hard,” Afolayan expressed, feeling the emotional toll but sensing indifference as her family’s plight was reduced to paperwork. Her husband, Nate, had been recruited to protect the U.S. border with Mexico from southern California.
This situation highlights issues within the expanding Public Safety Officers’ Benefits Program, which faces a backlog of claims from families of deceased and disabled officers waiting years for potential life-changing payouts. An analysis showed a growing number of rejections.
Instead of meeting a one-year decision-making target, nearly 900 claims have lingered beyond that timeframe—triple the amount from five years ago. A small portion has been unresolved for a decade, affecting families nationwide.
Former program general counsel Charlie Lauer condemned the delays, empathizing with the families. Department of Justice officials, responsible for the program, acknowledge the backlog but attribute it to a surge in claims, with complex decisions complicating the process.
Lisa Afolayan’s case exemplifies the frustration felt by many. A federal court of appeals and program officials continue to reject her claim, blaming Nate’s heat-related death on a genetic condition prevalent among Black Americans, thus excluding it from covered incidents.
Despite the uphill battle, Afolayan’s perseverance is commended, especially as training-related deaths like her husband’s have increased. Her daughter Natalee, now a University of Texas student, is ineligible for the program’s educational benefits due to the ongoing denial.
Enacted in 1976, the Public Safety Officers’ Benefits program initially offered a $50,000 payout for on-duty deaths, adjusting for inflation to $448,575 today, with over $2.4 billion awarded since. Over the years, eligibility criteria have broadened, including COVID-19 and 9/11-related incidents.
The program is currently grappling with around 1,200 claims annually—more than double the number from four years ago. Increased wait times and claim rejections mirror the mounting caseload, with Congress, led by Sen. Ted Cruz, seeking quicker decision mandates through legislation.
While some organizations maintain confidence in the program’s intentions, others like Concerns of Police Survivors acknowledge complex processing times due to unique line-of-duty deaths.
Nate Afolayan, originally from Nigeria, moved to California at age 11, earned U.S. citizenship, and graduated from California State University. He later met his wife Lisa while they worked at a juvenile probation office.
Choosing law enforcement as a career with Lisa’s support, Nate experienced medical issues during his training but excelled, impressing colleagues and preparing a poignant graduation speech before his untimely collapse.
Despite diligent efforts to save his life, the severity of heat conditions and rigorous workouts proved fatal, leaving Lisa as a single mother of two. Nate’s dedication to his adopted country provides her some solace.
Citing heat illness in her initial benefits application, Lisa settled into a life reliant on Social Security and workers’ compensation, while the program paid out similar claims for training deaths. Despite a consistent lack of resolution, Lisa Afolayan pursued the appeal process, supported by advocates, only to face continued denials linking Nate’s death to his sickle cell trait.
After a legal battle leading to a federal court reconsideration, hopes of relief for Lisa’s family were dashed when the benefit was again denied. The application of sickle cell trait in the rejection was cited as being potentially illegal under genetic information protection laws, yet the claim remains unresolved.
A legal team now supports her pro bono, as the program continues to stall. Lisa Afolayan’s tireless pursuit of justice stands as a testament to resilience in the face of systemic challenges. “This has been my life for 16 years,” she said, maintaining a determined outlook despite enduring frustrations and delays.