Examples of TBI Cases & Services
Self Determination
- EFE represented a young woman with TBI and defeated a petition by the client’s guardian to have the young woman sterilized against her wishes. The case went to a bench trial during the summer of 2005. In order to pay the guardian’s counsel for trial, the judge awarded the guardian’s attorneys fees in the amount of approximately $111,000 out of the ward’s estate. In 2006, based on strong testimony, in particular by EFE’s expert witnesses, the judge issued a final ruling in favor of the young woman with TBI and denying the petition for involuntary sterilization. The guardian filed an appeal on the substantive issue. The trial judge refused to award attorney’s fees to the guardian’s counsel, which the guardian also appealed. EFE made the determination to continue representing the young woman with TBI at the appellate level. EFE also filed a cross-appeal in this case, seeking to have the attorney’s fees awarded to guardian’s counsel returned to the ward’s estate. During the summer of 2007, EFE drafted appellate briefs in this case. Oral argument was took place in December 2007. A favorable appellate court decision was issued in 2008. The decision affirmed the trial court’s rulings that the young woman should not be sterilized against her wishes and that no attorney’s fees be awarded from the estate for the guardian’s counsel on the appeal. The appellate court also remanded the trial fee issue back to the lower court.
- EFE was contacted by a woman with TBI who was seeking representation to have her legal rights restored. Shortly thereafter, the case received press coverage from the local Chicago, NBC, television station. (See: "What Will Become of Betty" at http://www.nbc5.com/video/9655550/index.html). EFE accepted the matter for representation and was appointed by the court as independent counsel. EFE funded the client’s independent medical examination. After the independent medical exam was completed, the judge ruled that the client should have her personal decision making rights restored. EFE continued working on the case and provided the client with extended technical assistance to have her estate guardian removed, which the client was eventually able to do.
Anti Discrimination
- EFE was contacted by a mother/guardian of a young man with TBI. As a result of this young man’s injury, he used a wheelchair. The guardian had made a dentist appointment for him with the only dentist office in their area that accepted his health insurance. When they arrived at the appointment, they were told that no wheelchairs were allowed beyond the waiting room. The dentist did not see him, and his appointment was cancelled. EFE assisted the guardian in drafting a letter to the dentist. The letter informed the dentist of her son’s rights and requested that the office responded within a short, specified period of time. After receiving the letter, the dentist contacted the guardian and scheduled a new appointment for the young man in less than a week.
Community Integration
- The sister of a middle-aged woman with TBI contacted EFE. The caller explained that her sister had been living at her own home for many years, but was recently moved to a nursing home for rehabilitation following a hip surgery. The nursing home became her Social Security representative payee. The woman with TBI was ready to return to her own home, but the nursing home refused to discharge her, despite no medical justification to keep her in the nursing home. The nursing home also indicated that if the woman left without a formal discharge, they would continue to be her payee. An EFE staff person contacted the woman with TBI to discuss the matter with her. EFE then provided self-advocacy suggestions to the woman on leaving the nursing home and having her payee changed from the nursing home to herself or a family member. The woman was then successful in advocating for herself to be discharged from the nursing home and have her payee changed.
Abuse and Neglect
- Recently and individual with traumatic brain injury and mental illness died at a state-operated facility from an apparent allergic reaction. In response, Abuse Investigation Unit staff initiated an investigation to determine whether the death resulted from staff abuse or neglect. The Investigation Unit reviewed the individual’s records, but due to ongoing state agency investigations, interviews of staff and other individuals receiving services were not conducted at the time of the record review. At the conclusion of the state agencies’ investigations, Investigation Unit staff will complete the examination of the death and determine what further action should be taken.
The guardian of an individual with traumatic brain injury and developmental disabilities requested an investigation of alleged abusive restraint practices at a state-operated facility and to advocate for appropriate treatment in the least restrictive environment. The individual had been on extended home visitation for several weeks prior to the guardian’s request for services. The guardian’s removal of the individual from the facility occurred following several problematic restraint incidents.
Investigation Unit staff assisted the guardian with advocating for review of the individual’s records prior to a meeting with the facility which Investigation Unit staff also attended. While the records provided little detail into what caused the individual’s outbursts that were the purported justification for the restraints, it was clear that the outbursts were preceded by staff waking the individual or were connected with the individual being very tired and wanting to sleep. Initially the facility staff maintained that these episodes were primarily "behavioral" while the guardian maintained that the episodes were more physiologically based due to the number of anti-seizure and anti psychotic medications being administered. - The guardian did not return the individual to the facility because the repeated incidents of restraint have made him too mistrustful to benefit from treatment and because he does not wish to return. Investigation Unit staff will continue to examine the restraint incidents to determine whether the facility violated federal and state regulations related to the use of restraints and whether the facility failed to implement less restrictive interventions and advise the guardian and the individual accordingly. Investigation Unit staff will also continue to assist the guardian and the individual with efforts to secure appropriate services in a setting that can meet the individual’s needs and wants.
- An individual with traumatic brain injury sought services from Equip for Equality related to his concern that the individual's sister acting as his representative payee had misused is Social Security Disability Income payments and was exploiting him financially. The matter was assigned to an advocate/lawyer. Our investigation of the individual's concerns revealed that the rehabilitation service provider was assisting in securing a different representative payee. The State's Attorneys office was contacted but that office declined to initiate an investigation, recommending instead that the individual secure a different payee. The individual was referred to the Social Security Administration's Fraud Hotline, which is intended to function as a primary investigative agency for allegations of misuse of benefits by representative payees. The individual was strongly encouraged to work with the service provider in removing his sister as the representative payee and to file the complaint with the Fraud Hotline. The rehabilitation service provider also agreed to assist the individual in completing any necessary forms for the Fraud Hotline to initiate an investigation. The individual was provided with fact sheets related to changing a representative payee and advised to communicate with Equip for Equality again if he was unable to resolve the matters.
Special Education
- Equip for Equality secured pro bono attorneys at Latham & Watkins to represent a ten-year-old boy with traumatic brain injury who is having academic issues in school. The family is living in a homeless shelter. The mother requested that the school evaluate her son to determine appropriate special education services and presented the school with independent evaluations demonstrating the student’s need for more intensive services at school. The school evaluated the student but refused to provide more intensive services.
The mother filed for due process, the legal process to challenge special education services, on her own. Equip for Equality then referred the case to Latham & Watkins. Latham & Watkins has spoken with the hearing officer and opposing counsel in the case and is currently amending the mother’s due process request to better specify the services the student requires in order to receive meaningful educational benefit at school. Latham & Watkins hopes to settle the case at an upcoming mediation, but if not, the attorneys will represent the student and parent at a due process hearing in August 2008 to secure appropriate special education services for the student. - Equip for Equality is providing extended assistance to the mother of a high school student who was a straight A student but then was in an accident. He now has a processing speed in the 5th percentile. The school is refusing to acknowledge that the student needs accommodations saying that even though he has declined because he is gifted he is still above average so the school has no duty to do anything for the student. Equip provided telephone assistance to the mother and she was able to get the school district to meet with her and they initially agreed to some accommodations but they were not provided and did not appear to be part of a 504 plan. Equip For Equality is in the process of providing the mother with research showing that the school district is using the wrong standard. The parent has secured private evaluations, which Equip For Equality will review reinforcing the need for school assistance. Equip for Equality will assist the parent in writing a letter to the school district explaining the district’s duties in light of the evaluations and requesting accommodations be provided. If this is not successful, Equip For Equality will assist the mother in filing a complaint.
- An advocate called our office on behalf of a high school student with a TBI. The student was being removed from his High School for a 45-day placement due to a fight. Equip For Equality provided extended assistance to the advocate and to the mother when she called us later. The mother had filed an expedited due process hearing to prevent the school district from placing her son in the alternative school. Equip For Equality provided statutes and regulations as well as due process hearing templates and strategic advice to assist the advocate and parent in the due process hearing.
Your issue may be like one of those described above, or you may have another issue. Please contact Equip for Equality if you need help with any issue or have any questions.
