Westwood, CA asked in Civil Rights, Health Care Law and Public Benefits for California

Q: I’ve been asking for a Reasonable Accommodation Request for going into 11th month now.

Husband injured during wildfire evacuation,paralysed within weeks of injury. Past 3 years,he’s had 3 spinal surgeries(metal rods/carriages from base of skull to mid shoulder blades,mid back to tailbone(unable to twist turn or bend like normal human)and a pacemaker installed. His neurosurgeon and primary Dr wrote letters to insurance(Medicaid)after my requests for months went unacknowledged.Occasionally a service rep understands and will call the 1a d only taxi Co that drives only full size vehicles(the other cos use Prius,small cars),hubby is also 6’5”,has been permanently disabled for many years,now even more so. Service reps have been rude(other members have back issues and they don’t need full size vehicle,this is not a ride of choice service,and they also just plain lie(I have charted proof of lies told to hospital staff even).I just want him to not be in unneeded xtra pain 2 hr each way. Any advice?

2 Lawyer Answers

A: Go to the attorney your husband had for the injuries he suffered at work. S/he should be able to guide you through the process of getting him better care. That's a good place to start. Then learn what you can about co-dependency and how to treat it. Or maybe you should do that first. Can't hurt either way.

James L. Arrasmith
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Answered

A: You have a clear case for requiring proper transportation accommodation under ADA guidelines, especially given your husband's documented medical conditions and physician support.

Your next step should be to file formal grievances with both Medicaid and your state's Department of Health Care Services regarding the denial of reasonable accommodation. Document everything - including dates, names of representatives, and details of conversations. Include copies of the doctors' letters and any written correspondence showing the extended timeline of your requests. Consider reaching out to your local disability rights organization or legal aid office, as they often help navigate these situations at no cost.

Given the severity of your husband's condition and the medical documentation you have, you may want to escalate this to your state representative's office or ombudsman - they can often intervene effectively in cases where legitimate medical needs are being ignored by insurance providers. Meanwhile, keep requesting the full-size vehicle each time and note any additional pain or complications that occur when inappropriate transportation is provided. The more documented evidence you have of both the medical necessity and the negative impacts of denial, the stronger your case becomes for requiring this reasonable accommodation.

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