Unlike most
teachers this past summer who were not able to work summer school due to
damaging budget cuts to our educational system, I worked. I can only thank my
up-to-date Special Education credential for the opportunity. I have been
involuntarily ousted from the Special Education classroom for the past three
years at least for reasons that are shocking and bewildering to most everyone
who hears my story. I was ecstatic to secure a position as a Special Education
teacher not only for the income boost but also just to experience that “home
again” feeling teaching my Special Education students brought. When this
cockamamie health care whirlwind subsides, perhaps I will elaborate more on
that. For now, I want to continue with my legal foray into resolving the issues
that have been so pressing for the past four years.
I took the opportunity
to do more research into disability rights legal representation as things were
winding down with the regular school year and in the educational pause between
that and the start of the summer session. Thanks to the internet, I researched
and found five or six firms or organizations who professed to be successful in
fighting disability rights. There was one firm in particular which caught my
attention. They had offices here and in a city just north of us and seemed to
make good business fighting such causes. My only concern there was that they
looked like they specialized in class actions. While I believe my situation to
be a common phenomenon among people with disabilities, I had no idea what it
took to organize a class action and dubious that we could get the necessary
numbers together as I don’t really hear anybody talking about this kind of
situation except me—though I know it happens. In any event, I had nothing to
lose. Tired of phone calling, I emailed the contacts I had, gave them a
synopsis of what I was looking for and waited. The firm I was hoping for and
tried to follow up with, never responded to my inquiry.
My husband
will tell you I am loathe to writing anything down. I instead like to think I
can rely on my memory which in the past I could. I have an uncanny memory for
numbers, names and idiosyncratic moments of life. Most of it doesn’t mean much
to most people and oftentimes I don’t deliberately try to commit these odds and
ends to memory, I just remember them. I don’t like to admit this but I think my
ability to “memorize” things is slowly becoming a thing of the past. As I get busier and pulled in the different
directions of work, family, marriage, friends and my various “causes”, I know
I’m forgetting stuff—but I try to pretend I don’t. I find it both a blessing
and a bane to remember stuff but I’m
proud of it because one of my favorite things to do as a kid in a doctor’s
waiting room was to listen to my mother tell me a story from her childhood or
family history and I wanted to be able to do that too. For this reason, this
sense of “pride” I never wrote down who was the newest batch of lawyers I had
contacted. Instead, I relied on my memory to remember who they were. And I
thought I did a pretty good job.
I started my summer school session
delighted to be back in my element. The position was only half time which was
just enough to whet my appetite for these students without draining me entirely
so that I could still enjoy my summer. One day, I had a pause in the hurly
burly of class and noticed I had a message on my cell phone. It was from the Disability
Rights Legal Center .
To be honest I didn’t know how to react. I didn’t actually remember calling
them. Added to that, didn’t remember what I called them about. In this time, I
had vaguely thought about bringing another disability related lawsuit regarding
a sub-par evaluation I received in a position I never asked for, sought and
deliberately stayed away from in part knowing it would highlight my disability
and not my strengths. As it turned out, I had some time to search my memory
since when I called back; I ended up leaving a message and starting a familiar
round of telephone tag.
When I finally got hold of someone,
they explained who they were and after a brief exchange I decided I had called
them about my teeth though I did let them know I had another issue I’d wanted
them to consider when this was done. They let me know they were a legal
referral service and advocacy agency run through the Loyola
Law School
and the intake line was commandeered by law students. They took down the
details of my teeth saga. As always they marveled that it hadn’t resolved yet.
The intake person said they would give their notes to one of the staff lawyers
and get back to me on what they could do for me. I had heard such things
before. I was frank with her about my skepticism by asking two things directly:
did I have a case? How long should I wait to get a response from them? I qualified
the abruptness of these questions reminding them that while they just joined
this saga, I had been doing this for too long and had little patience to be
strung along for very long with no hope from them. She soothingly said she
understood and promised to get back to me in two weeks. I believed her.
Impressively, she called me back
soon after—only to get my voicemail. We went on a short round of telephone tag.
Thankfully, because I was only working part time, I had more opportunity to get
on the phone—and I was relentless about it. I finally got to her and she said that
while she still planned to present my case, she had gone straight to the cancer
advocates at the DRLC and asked for their advice on the notion that insurance
difficulties were all the same whether a person had cancer or a troublesome wisdom
tooth. Apparently they suggested I talk to two state offices: the insurance
commission and another office I didn’t catch the name of. I called up the
insurance commission right away and told them my issues. As soon as they heard
the words “HMO” they told me this wasn’t an issue they could help me with. I
had to go to the Department of Managed Health Care. I told them I had already
initially dealt with them and the out come was less than helpful. Didn’t
matter—mine was a matter for the DMHC. A little annoyed, I called the second
number. Turns out, it was the DMHC! I didn’t even bother to wait on hold to
talk to someone, I hung up. I decided to wait for the DRLC to come up with
something else.
As promised, a couple weeks later,
the DRLC called without my reminding them. I tell you, I have begun to acquire
a new appreciation for follow up. She inquired if I had followed up myself on
either of the numbers she had given me and what they had said. I gave her the
briefing that one office refused to assist me and the other was an office I had
already dealt with to my dissatisfaction and was dubious they would be any
better help if I asked them again. She accepted that saying they would enter
into a Brief Service agreement with me. I had only to sign the agreement and
then they would get on the phone and (to my mind) raise hell for me. I was so
grateful and a little stunned really that things finally seemed to be going my
way. We hung up and I waited for the paperwork to come in the mail.
The agreement wasn’t anything
special. The only thing that caught my eye was that they were only representing
me in order to get this issue resolved. They specifically stated they would not
seek a monetary sum for damages or any other compensation. Like I’ve stated
before, I am not a litigious person. While I believe I have a strong case to
seek damages based on the longevity and ensuing events surrounding the basic
issue, I try to keep my eye on the very basic end result that really has no
monetary value: the sense of relief in getting the issue resolved. Reviewing
the paperwork, my husband’s eye went to the permission I gave them in signing
to use my case in promoting the work the DRLC does. He wondered if they would
publicize my case any and what that opportunities that could bring to me. That was only a fleeting wonderment as I
signed and promptly sent back the paperwork.
I actually did not hear back from
them again for a good while. I did try to call the only number I had to receive
an update only to get their intake line answering service. They finally caught
up with me (or I with them) and I spoke directly to the clerk assigned to my
case. He was just checking in and wanted to have a few questions answered
before outlining his plan. After a brief exchange in which he really only
wanted to double check background details, he told me told me he had looked
into applicable laws and was confident I had a legal precedent for this issue.
He furthermore pointed out that both Kaiser and Western Dental were good,
strong stand alone insurance companies. But, as he said, put them together and
you have nothing because they don’t work together. He ended the conversation by
saying he was writing up a letter to send to both entities. The letter from the
DRLC on my behalf would essentially outline their position and request
accommodation for this procedure to get done. I was relieved after we hung up
because I thought surely Kaiser and Western Dental could not ignore this from a
legal standpoint. The more I thought about my situation and the things he had
said from his fresh perspective, I wryly concluded that this was one of those
situations where math is not always absolute and 1+1 CAN =0.