F*ck the system. I guess we're in court tomorrow.

[ACMESkydiver 0]

Feel free to go about reading other entertaining threads. This one is just a pissed off one about something that nobody can fix

We have licensed respite caregivers to assist in our needs at home due to our 2 disabled kids. The state just decided to cut back our assistance hours by about half.

They came up with a 'new' assessment tool. This tool HEAVILY favors elderly, bed-ridden individuals. It does not take into account AT ALL the need for highly-mobile, self-destructive, mentally impaired little ones, who were the ones the original assessment was designed for.

We go to court tomorrow.

We have no attorney (the state, of course, has an attorney). We had no legal counsel (the state, of course, has PLENTY of legal counsel). And the atty for the state fucked us, intentionally or not. She called me last week and said not to worry, they would drop their side of it and dismiss until they could re-assess. Yesterday she calls me and says 'Oops, sorry, we can't dismiss. I guess we have to go through with it.'

I have no f*cking witnesses. I have no admissible exhibits (the list of exhibits and witnesses had to be turned in by April 14, at which time we still believed that the state was trying to settle with us out of court).

The atty for DDD told me that the judge can't rule on whether the assessment tool is missing pieces of our family's daily living; she can only rule on whether DDD administered the tool accurately. Whether it's a worthless POS assessment or not is legislature's issue.

I'm waiting for a phone call from the state's atty now. WTF is she gonna say but 'see you tomorrow, sucker.'

Fuck the system.

~Jaye
Do not believe that possibly you can escape the reward of your action.

[shropshire 0]

Hey, good luck.

People who help others, even relatives, deserve all of the help they can get, in my book.

(.)Y(.)
Chivalry is not dead; it only sleeps for want of work to do. - Jerome K Jerome

[ACMESkydiver 0]

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Hey, good luck.

People who help others, even relatives, deserve all of the help they can get, in my book.

Hey thanks.

Life is looking so shitty lately...something good has got to happen.

~Jaye
Do not believe that possibly you can escape the reward of your action.

[ACMESkydiver 0]

Yes I bumped my own thread from 4 pages back. So sue me.

I'm going to hearing in 4 hours. Somebody give me some vibes; I tried to hash it out with the lawyer yesterday, and it doesn't look good for the home team.

We might move to dismiss, as according to the state's attorney, it'll just piss off the judge if I tell them I want to procede as she can't rule on the items we are debating apparently.

Something good has got to be right around the corner...any day now...

~Jaye
Do not believe that possibly you can escape the reward of your action.

[turtlespeed 226]

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Yes I bumped my own thread from 4 pages back. So sue me.

I'm going to hearing in 4 hours. Somebody give me some vibes; I tried to hash it out with the lawyer yesterday, and it doesn't look good for the home team.

We might move to dismiss, as according to the state's attorney, it'll just piss off the judge if I tell them I want to procede as she can't rule on the items we are debating apparently.

Something good has got to be right around the corner...any day now...

Fuck em!

Stick to your guns.

I'm not usually into the whole 3-way thing, but you got me a little excited with that. - Skymama
BTR #1 / OTB^5 Official #2 / Hellfish #408 / VSCR #108/Tortuga/Orfun

[78RATS 0]

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She called me last week and said not to worry, they would drop their side of it and dismiss until they could re-assess. Yesterday she calls me and says 'Oops, sorry, we can't dismiss. I guess we have to go through with it.'

I would seek a continuance based on these statements until you can gather your facts and witnesses. Don't know if this helps.

Rat for Life - Fly till I die
When them stupid ass bitches ask why

[lawrocket 3]

Why make you move to dismiss it? You request dismissals. She should move to dismiss.

If there is no legal basis for the court to decide the issues that you brought, then it's up to opposing counsel to bring that up.

Unfortunately, I believe she may be correct with what she said. It sounds like administrative law, and there are limited things that an Administrative Law Judge (ALJ) can rule on. Even if it is a Superior Court Judge, that judge can only reverse a decision and make them do thing properly.

Good luck. It's a rough situation that you are in.

My wife is hotter than your wife.

[Johnsisland 0]

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I have no f*cking witnesses. I have no admissible exhibits (the list of exhibits and witnesses had to be turned in by April 14, at which time we still believed that the state was trying to settle with us out of court).

Time for a continuance. "Your Honor, we are sorry to ask for this continuance, but Mr./Ms. said they were going to dismiss, and we need time to prepare."

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The atty for DDD told me

And you belive the state attorney because???????? I thought this was the lying POS that told you various lies previosly? Why belive the lying POS now?

[ACMESkydiver 0]

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She called me last week and said not to worry, they would drop their side of it and dismiss until they could re-assess. Yesterday she calls me and says 'Oops, sorry, we can't dismiss. I guess we have to go through with it.'

I would seek a continuance based on these statements until you can gather your facts and witnesses. Don't know if this helps.

Judge said 'no way'. We appealed a year ago, and she said both sides have had a year to prepare.

The deal is we had a pre-hearing conference by phone in February, and DDD said they were going to go ahead with hearing...and specifically told me that it was just procedure, and we'd be contacted prior and would 'work it out'. The contact came last week, AFTER all exhibits had to be in to the court.

I was STUPID and didn't read the notice fully and realize that I had to have my witnesses in by April 14.

~Jaye
Do not believe that possibly you can escape the reward of your action.

[ACMESkydiver 0]

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If there is no legal basis for the court to decide the issues that you brought, then it's up to opposing counsel to bring that up.

I am our representation. Tell me HOW does it make sense that the Department of Developmental Disabilities be provided with legal counsel, with no consequence to their employees that forced this to court, but if we want an attorney, we have to pay?!

Just got off the phone with the judge and DDD's atty. They jumped on me and said 'it sounds like you have no argument with the assessment, just that you want more hours. And since you don't have any exhibits, either side, and no paperwork, either side, I don't know what you'll have me rule on, but I'll see you here at 1:30pm if you don't dissmiss.' WTF.

She then told me that if we procede with the hearing and I lose, OR if I requet a dismissal, DDD can charge back my household for 1 year of overpaid caregiver hours. A WHOLE FUCKING YEAR because the state couldn't move any faster! We did NOTHING to slow this process down; every continuance was requested by DDD. Do you know how much money that is? Let me give you an idea: $19,200.

This is when Jaye got pissed. Remembering that it was being recorded and used, I tried to keep my cool and explained that I appealed in June of '05. The fact that DDD took a full year to move on it is not my fault in any way, and if they want to charge back my household for thousands of dollars due to their backlog, I would not budge and I WOULD see everyone in Seattle in 3 hours.

DDD's attorney stated for the record that DDD would not seek back compensation should I move to dismiss.

"Mrs. P.? What would you like to do?"

"The family requests a dismissal, your honor."

Fuck I hate the state. I'm defeated and tired. DDD just called me not 10 minutes ago to set up a re-assessment tomorrow at my house. I have to have all of their medical documentation ready tomorrow. And we begin this whole f*cking nightmare again, but starting June 1, little Derick loses his caregiver.

Why the hell can't the good guys win once in a while?

~Jaye
Do not believe that possibly you can escape the reward of your action.

[NWFlyer 2]

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Why the hell can't the good guys win once in a while?

Sigh. Sorry to hear you're going through all this crap, Jaye. Keep fighting the good fight.

"There is only one basic human right, the right to do as you damn well please. And with it comes the only basic human duty, the duty to take the consequences." -P.J. O'Rourke

[misskriss 0]

I'm sorry all of this is going on. Don't know how to help but wish I could.

[antifnsocial 0]

I don't know sweety but I understand a little of your frustration. (Pm being sent.) Good luck.

Please feel free to reply to my posts and pm's, but only if you're smart enough to understand what they really mean.

[ACMESkydiver 0]

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Why the hell can't the good guys win once in a while?

Sigh. Sorry to hear you're going through all this crap, Jaye. Keep fighting the good fight.

I'm ok. I'm stronger than this sh*t. Thanks.

~Jaye
Do not believe that possibly you can escape the reward of your action.

[ACMESkydiver 0]

Thank you MissKriss and anti..we'll be a'right. We'll make it through. We always do somehow.

~Jaye
Do not believe that possibly you can escape the reward of your action.