How My Boy Kicked Autism
Chapter 4: Hire A Lawyer!
My Boy Blank- 2 Years Old
Earlier
Blank, I started writing in this journal as a way to talk to you until you could talk to me without any hindsight of the irony. I am going to my first support group to meet other families who have little boys like you. I am hoping to learn from pioneer parents what I can do to help you and come right back home and start doing it, whatever it takes. I wish you could talk to me. I wonder if you are trying. I can see frustration in your gaze. I am going to record every little thing until you can.
Later
I am simply overwhelmed. I have to wrap my head around this so I can focus on how to intervene with you. Every single person I talk to is recommending something different. It seems that every child is doing a different program or trying a different diet or going to a different school. There were enough acronyms flying around to make an alphabet soup.
My head is spinning. I imagine this is how you feel when we keep repeating the same things over and over to you. The remarkable thing is that there was only ONE thing that all of the group members agreed on: we need to hire at least one
Department of Developmental Services: If your child is eligible for Regional Center services or denied eligibility, a lawyer familiar with the Lanterman Act and the Welfare and Institutions Code may be necessary
Insurance: Insurance companies often shrug their legal obligation to fund allowable intervention services, provide sub-par services or place a maximum life-time benefit on certain services. A lawyer familiar with insurance litigation may be necessary.
Social Security/Disability: If your child receives social security or disability services, a lawyer who specializes in this area may be necessary to ensure receipt of funding and services.
Special Education: If your child is going to a public school and has special needs, you will need a lawyer familiar with the IDEA, the California Education Code, Section 504 of the Rehabilitation Act and No Child Left Behind.
Special Needs Trusts: If your child has any assets and received and public assistance, a special needs trust attorney may be needed to preserve benefits.
Vaccine Litigation: Many families are going after vaccine companies and/or their medical providers in cases where their children are being injured by vaccines.
Wrongful Birth: Any child who is born with a disability has the ability to file a wrongful birth suit in California. This is usually done as a tort claim or medical malpractice.
This is really a whole new world Blank. Our family has never interfaced with this many doctors and strangers and never needed a lawyer. Who even knew that one existed that does anyone any good, let alone represents children with special needs? Thankfully, I asked a few people in the group if they had positive and successful results with a special needs attorney and several people in the group advised me to call their lawyer, Melanie Segal. Her website lists all kinds of questions that I would have never even known to ask. It also promises a free one-hour consultation within 24 hours. I am going to email her tonight after you and Sassy go to sleep. Maybe I will have some more answers for you as soon as tomorrow! Finally, I feel like we have a starting point.
The next morning.
Just as promised, Melanie called me first thing this morning. For over an hour, we discussed topics such as diagnosis, assessment, eligibility, research, intervention, legislation and funding. She said what is best for your legal case may not be mutually exclusive with what is best for you, and that mom and I have to be very careful not do something that may be detrimental to you for the sake of gaining leverage in a legal case.
“Many lawyers will tell you to place your child in a program or setting, regardless of the efficacy of same, because it is necessary to gain discovery about said program. Early intervention and every learning opportunity are so vital to children on the spectrum that there is no time to be wasted on ineffective intervention. Although my job is to set up the most effective legal strategy for success, the underlying goal of helping our children is simply not negotiable in the name of discovery. That being said, the earlier I am involved the better so that we can minimize as many legal obstacles as possible.”
She also said there are certain circumstances wherein funding services for a child may be more cost-effective than funding a legal case.
“Research-supported effective autism intervention requires upwards of 40 hours per week of individual direct behavior therapy, not inclusive of the necessary indirect hours needed for parent training, program development and ongoing program supervision/monitoring/modification. These 40 hours are behavior only and do not include any other therapies that may be recommended such as occupational therapy, speech therapy, physical therapy, social skills and/or academic instruction.
If you do the math, a program resembling the above is going to cost, at a bare minimum, $8000 per month or $96,000 per year and the likelihood is that the program will necessitate this level of intensity for a minimum of 3 years. If the recommendation for your child is going to cost $96,000 per year for 3 years, then spending money on legal fees for assistance with funding of same makes perfect sense, unless of course you have $288,000 to spare. Litigation is not only taxing on your family financially but it is emotionally trying as well. Litigation is also a gamble and in today’s climate, decisions are not necessarily family friendly, so no matter what, a cost-benefit analysis must always be done prior to embarking down the legal path. It doesn’t make any more sense for me take on a case that will not be cost-effective or successful than it does for you to pay for one.”
After this initial free consultation, Frank Ficticious considered it necessary to have The Law Office of Melanie Segal facilitate a comprehensive plan for Blank from the onset. He and Fanny, his lovely bride of 18 years, went to her office the following week to retain Ms. Segal’s services. At that time, Blank was 27 months. During that meeting, a comprehensive road map for Blank’s success, including a financial plan for the next 3 years-not just a legal case- was created.
Cost-effective
“Research-supported effective autism intervention requires upwards of 40 hours per week of individual direct behavior therapy, not inclusive of the necessary indirect hours needed for parent training, program development and ongoing program supervision/monitoring/modification. These 40 hours are behavior only and do not include any other therapies that may be recommended such as occupational therapy, speech therapy, physical therapy, social skills and/or academic instruction.
If you do the math, a program resembling the above is going to cost, at a bare minimum, $8000 per month or $96,000 per year and the likelihood is that the program will necessitate this level of intensity for a minimum of 3 years. If the recommendation for your child is going to cost $96,000 per year for 3 years, then spending money on legal fees for assistance with funding of same makes perfect sense, unless of course you have $288,000 to spare. Litigation is not only taxing on your family financially but it is emotionally trying as well. Litigation is also a gamble and in today’s climate, decisions are not necessarily family friendly, so no matter what, a cost-benefit analysis must always be done prior to embarking down the legal path. It doesn’t make any more sense for me take on a case that will not be cost-effective or successful than it does for you to pay for one.”