Tuesday, January 6, 2009

Usually don't post...

I usually don't post much regarding the legal/governmental hoops we have to jump through on a regular basis because we have a Special Needs Child. It really is exhausting and time consuming. Recently, it has become a nightmare!!!

We are still awaiting payment for Ben's leg injury. I honestly do not understand why it has become such a mess. His therapist was more than cooperative, wanting her insurance to pay his medical bills and we thought it was a simply matter. Boy was I wrong and boy has it turned into a mess. I'm calling attorneys and spending hours talking to them. Everyone is confused and not one attorney understands all aspects in play. What makes it complicated is that Ben has Medicaid and can't have more than $2000 in his name or he will lose benefits. If he even loses Medicaid for one week, he has to go back on the Ohio Home Care Waiting List... which many of you may remember took us years to get. They money to pay the hospital bills for his leg injury can't be paid directly to the hospital or our private insurance (which would make the most sense)... they have to be paid to Ben for us to then pay. And a trust would be set up in Ben's name by the court to do so (with me serving as his legal guardian and a guardianship would need to be set up).

If this trust is set up; even though the money would be paid towards bills, Ben would lose his waiver spot. To avoid this, we could set up a special needs trust to put the money in, but this would cost us thousands of dollars... which we don't have and would be a totally waste to pay for a temporary account to use to pay the bills. Any attorneys who specialize in Disability Law we have talked to, doesn't know anything about personal injury settlements and vise versa. Nobody is able to help. I'm really at a loss. And should we have to pay for an attorney even though we have settled and all we want is our bills paid related to this injury??

On another note, I received a form from Ben's doctor that we requested. On the form is a spot for diagnosis. In addition to CHARGE Syndrome, they had Cerebral Palsy listed. WHAT??!! This is news to me! Although we know Ben had a stroke at birth and had some muscle tone issues related to that, I've never know they considered him as having CP. After talking to the doctor and him explaining that basically what he had happen at birth and the muscle tightness he has is under the umbrella of CP, it still really hit me hard. I don't know why, but it did. I guess CP was an additional label/disability I wasn't prepared to add to Ben's list of challenges. It doesn't change anything now, I just makes me worry more about his future ability to walk. I have hopes of him walking one day, but now I worry I'm not being realistic. First the leg break to set him back so much that he still won't bear much weight on it, then finding out his hips aren't in the socket completely (which I'm still not sure isn't related to his leg break) and then finding out this new diagnosis. It's just so much for Ben to overcome.

On a good note, the cyst they found on Ben's spleen has diminished in size.

9 comments:

Crystal M. said...

I am so sorry you have to deal with this, I wish I had words or a way to help you. But I do know what you are going through. If we own a 2nd car worth more then $2000 then Eva loses her SSI which is a lousy $150 a month and they act like they are doing us a big favor. Its crazy and not fair for our kids.
I am also sorry about how you feel with the CP label. My heart goes out to you, I know labels and new info can be hard to take in.
Hugs,
Crystal and Eva

amy and mighty max said...

Oh my friend, my heart is aching right along with you. Not only about the damn mess with attorneys and insurance, etc., but also the new diagnosis. I can imagine the shock you must have felt when it was simply listed on a form rather than talked about "with" you. Not that your doctor purposely withheld it, but yes...that is difficult to suddenly see in writing.

We love you all very much and are so incredibly proud of all that Ben has accomplished.

You are in my thoughts...
Love, Amy and Maxwell

amy and mighty max said...

also, why can't the insurance company write out the check to you as his mother? i don't get that.

Amy, Mike and Ben Russo said...

Amy-
Was told the check/settlement has to be issued to the injured person and because he is a minor, that is why a guardianship has to be set up for him. I guess they need to make sure the money is his so I don't go buy a new car or something! I also don't understand that because the bills are in our name, the insurance carrier is us... it is our debt, not Ben's. I also asked if we could be completely left out of the loop and have them pay the bills directly... that can't be done either. I don't know how you have stayed sane with your whole legal issue.

Keith Richardson said...

I'm not a lawyer (even though I work at a law firm), but is an uncashed check an asset while it's in paper form? Can it be endorsed over to the hospital/insurance company without cashing it, keeping it from being listed as an asset at any time? Just an idea, but you've probably already thought of it. I hope you're able to figure it all out one way or another.

Leslie, Arlin and Katie Kauffman said...

Gosh, Amy, I can't believe you are STILL dealing with this mess! And how discouraging that no attorneys seem to know how to get this worked out! You'd think someone out there would know something. I'm sure Ben can't be the first minor on Medicaid in a situation like this. I have no idea who to tell you to talk to, though! Can you set up the guardianship without having to set up a trust? Or will that not help? All of this info on trusts, guardianship, etc. makes my head spin!

I'm sorry to hear about the CP diagnosis too--and especially that it showed up on a piece of paper without being discussed with you. I know of kids with CP who do walk, so hang onto your faith. Have you ever looked at the "AZ" blog link on Katie's blog page? AZ is a teenage girl with CP who walks, plays golf, and does lots of other activities. She's a sweet girl and pretty amazing!

Shelly and Luke said...

I'm really sorry about everything you're having to go through. I know what it's like to deal with legal matters and insurance when it seems like no one gets it! Also, about 6 months ago I read that Luke had cerebral palsy in some doctor notes from an appointment we had. Like you, I said, "What!" I have never asked the doctor (who is a pulmonologist???) why he stated that, we haven't been back yet either, but I try to tell myself that Luke is Luke and a label doesn't change who he is or what he is capable of. I know it's really hard though. And it's not right to read something like that for the first time on a piece of paper either. But I have a feeling persistence will pay off both with the legal issue as well as Ben walking someday. Thinking of you... take care.

The X Men said...

Hi Amy,

I have been following Ben from a distance - I have an almost three year old son with Charge named Felix. We live out in Massachusetts.

I feel for you with everything that is going on!

I wanted to mention a couple of things:
(1) Our guy fractured his leg Jan 08 for the first time. Prior to this he was taking a couple of independent steps between people. Since then he won't walk unless prompted and is very hesitant. Three weeks ago he fractured his leg again (different bone same leg). This time they told us his bones were very weak. Last week he fractured his elbow falling over from a seated position onto his side on a cushioned couch. Now they are telling us he has a phosphate deficiency and essentially has vitamin D resistant rickets (his itamin d and calcium levels are OK). The Dr said this would be a reason why he has been hesitant to walk. Just an FYI as we feel like we've lost a year since they didn't pick it up or it wasn't showing at the time of his first fracture until now.
(2) We set up a special needs trust for Felix as an addendum to our will. Our lawyer (who is not the cheapest) set it up for $700. I am sure other lawyers would be even less. Still an investment.

I have a blog for my two sons (not very up-to-date) but you can see Felix there:http://thekoehlerboys.blogspot.com/

Kristen
koehlers4@verizon.net

Catherine L said...

So sorry. Kristi Swann recently got a CP diagnosis for Miss Gracie and was equally dismayed. Have you been in touch?