Court of Injustice Now In Session!

What have I been doing since May?

(a) Working with my production partners to get financing locked down and production rolling on "Art Imitating Life."

(b) Adjusting my pain medications and everyday coping with my chronic conditions.

(c) Battling for my disabilities benefits.

I've let it keep me from blogging, but now I'm going to try and inform all of you on what I've learned. But first, I want to say a big thank you to all of you who have sent me encouraging messages. It's never easy to talk openly about disability, not to mention associated obstacles, but when the feedback is so positive, it gives me the fuel to keep writing.

From back to front (cause that's just the way my brain works), my fight for my disability rights has gotten downright gory. On June 15th I was notified by the EDD (the CA office that deals with disability rights) that I no longer had the rights for which I had paid while able to work a "regular and customary" job. Even though my primary physician had signed a Doctor's Certificate January of this year stating clearly that the earliest I could be re-valuated for possible return to work was June of 2010, I was now going to have to see a state paid doctor for independent evaluation. Pending this doctor's decision I continued to receive benefits.

When I arrived to see this doctor on July 26th, I was examined for no longer than 10 mins. No kidding. I had brought along my medical records, x-rays and my spinal MRI to show this doctor what had been determined by 9 previous specialists. When I offered to show this doctor my evidence, he said, "That's OK. I don't need to see them. It doesn't matter what any other specialists said, previously." He then proceeded to say that the x-rays and MRI's don't mean anything either as anyone afflicted with my conditions can show different symptoms and some people are fully functional regardless of my conditions. In other words, he was totally discounting my individual reaction to my conditions. So, in a nutshell, he refused to see my records and evidence.

The doctor (who will remain nameless at this point) seemed like an OK guy. I have previously spoken here about how I have had to overcome a strong prejudice about physicians based on my traumatic experiences from childhood due to my Legg-Perthes and other physical defects. So, I wanted to give this guy the benefit of the doubt and consider him a reputable and honorable physician.

On August 11th, I received determination from the EDD that their state doctor ruled me no longer disabled enough to continue benefits. I was ready to go back to work. I couldn't believe it. I was taken five different kinds of medication a day just to function and after only 10 mins. of examination and refusal to see the evidence uncovered by 9 specialists I was OK. Immediately I returned the appropriate forms to appeal this decision and within two weeks a hearing was scheduled in front of a judge. I requested that my benefits continue, even though it was possible that if the judge determined in favor of the state doctor's determination I would have to pay back whatever benefits I received during this time of appeal.

Once I received notification of the hearing date, October 12th, my girlfriend Laura began working hard to make copies of every scrap of paper connected to my disabilities. Of course, I confirmed first with the appeals court that such records would be admissible. They confirmed they were. In fact, they told me that I would need three copies. Believe me when I tell you that I have been nothing less than obsessive about keeping my records and having copies to present to anyone who might need them to verify my disabilities. Once completed, the stacks of records were huge!

On October 12th I went before the judge. Not only was Laura with me, but my friends David and Haylee were also present to give moral support and to give testimony if necessary to support my claim. However, when we were called in before the judge the cold hard truth of disability rights in not only this state but in the whole of this country hit all of us like a ton of bricks.

The judge assigned to review my claim was nothing less than cold and antagonistic. It was clear to all of us that she wanted nothing to do with my claim and completely unprepared to deal with the ammunition I presented before her. When she saw my stacks of medical records and the pill bottles I laid before her she look stunned. Laura and Haylee told me later that they noticed the judge looked at the number of bottles several times during the hearing. The judge stated that she wanted only information for the past year, disregarding a lifetime of evidence. Next, the judge asked Laura, David and Haylee to identify themselves. When they did the judge stated quite clearly that she would not accept any "lay" testimony, immediately nullifying any influence by those who on a daily basis witness my suffering. I was now left alone to fight for my claim.

But before I could even begin to state my case, the judge determined that she would have to schedule a second hearing as she had neither previously reviewed any of the records in my files and she would have to review the evidence I was now presenting to her which was not previously included in my file. My interaction with the judge was contentious at best, and I worked hard to keep my cool as she continued to dismiss anything I wanted to present to help my claim. Afterwards, my friends commented that they thought I had maintained my cool extremely well considering, and that had they been in the same position none of them would have kept as level a head.

What was most shocking was when the judge told me that the state doctor who had examined me noted in his report that he was not offered any previous medical records or test results to review. I was blown away by this, I told the judge that I had offered both records and tests results while I was sitting in front of him. What the hell?! Can you believe it? The state doctor flat out lied! It confirmed my worst fears not only about doctors but that this state doctor was being paid by the state to block my rights! I was stunned! Later, after I got home, I was fuming! To be fair, the judge was also stunned when I made it clear to her that the state doctor was lying. She asked me if I would testify, under oath, that I had offered records and test results to the doctor and he refused. I said, "Yes, your honor!"

Finally, the judge told me to explain to her exactly what my problems were and why I could no longer work as the information I gave her was more than she could understand. Apparently, this judge had no way of interpreting what my medical records said. In other words, a judge whose whole job is to determine if a disability claim is valid has no background whatsoever to determine what is a disability. When I began to explain to her my conditions and the resulting complications, she stopped me and said that she needed for just one doctor, my primary physician, to write a brief no longer than 3 pages telling her in the most simplistic terms possible why I couldn't have a "regular and customary" job. I told her I would get it, but I also asked her why I was requested by the state to provide medical records if they weren't going to be reviewed. She flat out told me that she didn't know, because medical records are never reviewed by the state.

OK, this was the second bomb...I said, "Your honor, you're telling me that state neither reviews nor takes into consideration medical evidence of disability?" She said that the only evidence the state accepts is what their paid doctor says. I was thinking, holy shit! This bastard had lied about being offered my medical records and test results, so what else had he lied about? And this was the only evidence the state was taking into account? My God...I was screwed.

After the hearing, my head was swimming. It was a nightmare scenario. Not only was I having to defend and prove a lifetime of disabilities that were now preventing me from functioning in a way that the state defines as "regular and customary," but a state paid doctor was lying to the state in order to keep me from the benefits to which I had a legal right! More than this, though, was the thought of what other disabled people go through. I had always been prejudice against the state and the medical industry in its efforts to keep the individual from their rights, but now not only had I proof, I was living the nightmare!

Again, to be fair, I know that more people take advantage and screw with the system to get benefits they don't deserve. I'm not naive about that, OK? But what is a person to do who genuinely has a right to benefits when the state is actively working to prevent them?

I wish I could tell you what the result is of this ongoing fight; however, I won't know until my next hearing scheduled for November 30th, so stay tuned. I will be meeting with my primary physician on November 15th to ask her to write up this 3 page brief to the judge. I can only hope and pray at this point that my primary will agree to do this. I don't know what to expect. Shit, I had just gotten over my aversion to help from doctors and now I'm back to square one.

When I told my shrink about all of this she was also stunned. She assured me that if necessary she would testify to my providing this state paid doctor with an opportunity to review my records. That meant so much, but, to be honest, I don't know as it will mean shit in the wake of what is clear a court of injustice designed to do nothing less than prevent the rights of the citizens whose tax dollars pay their fucking bills.

So, what's the lesson, children? Don't trust the state...ever. Understand, they will not review evidence that supports your claim. They will pay doctors who lie, who disregard the Hippocratic oath. Regardless, you must, and I can't stress this enough, get and keep every scrap of evidence to support your claim. And fight! Fight! Fight! Don't let them steamroll you! It might not be a fight you can win in the courts...for me that has yet to be determined, but if the fight can be dragged into the public arena and into the media then do it! I swear to you, I will! I'm going to make sure the public is made aware of this court of injustice in the hope that others won't be subjected to this kind of humiliation and blatant disregard in the future.