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Analyzing Disability Case Dismissal: The Legal Challenges of Progressive Myopia Retinal Detachment

This legal question related to disability services in SacramentoCalifornia has been answered.

Location: Sacramento  |  Law type: disability services

My husband was born with high Progressive myopia retinal detachment degenerative form. On February 4th the judge dismissed his case because of a two-year Gap from when he stopped working due to his eye condition 2 when he was able to apply for disability with the help of a doctor. His attorney didn't have his treating doctor testify as to what his condition does to him daily or what he goes through daily. The disability doctor they sent him to wrote the report of her examination 100% in his favor. We have been unable to find another attorney to help us appeal this to submit evidence our testimony from his treating doctor that actually knows his condition since it is very rare. During that two-year Gap we were unable to afford to see specialist that worked with his condition and was willing to help us because our medical would not cover it. When we did try to see a low vision specialist or other opthamologist none of them were willing to put their name on any documents for disability because they didn't know about his condition too well. So did you even find a doctor to help us took a long time and quite a bit of money. I am my husband's caretaker and I have been with him for many years and I've watched his condition worsen and I see what she struggles daily with yet nobody is willing to listen or help. My husband said that the judge seem to want to award him the disability but he just couldn't make the numbers work from when he stopped working in 2014 to when he applied and 2016. We haven't received the letter yet from the courts regarding their decision but my husband is actually considered legally blind and the disability doctor said there is nothing anybody can do to help him. I just feel that if his treating doctor actually testified explain his condition and what it does to a person it would help get him approved for his disability that he deserves. I greatly appreciate any help from anyone as we are very low income and are struggling. My husband lost all hope and feels like a failure. He has many many limitations as to what he can and cannot do.

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Legal Solution

The response provided below is specific to disability services in the jurisdiction of Sacramento. If the response is inadequate, please submit a detailed inquiry.

Analyzing Disability Case Dismissal: The Legal Challenges of Progressive Myopia Retinal Detachment

The legal issue at hand pertains to the dismissal of a disability case relating to a severe eye condition known as high Progressive myopia retinal detachment degenerative form. The plaintiff’s case was dismissed due to a two-year gap between ceasing work and applying for disability. During this period, difficulties in finding a treating specialist and financial constraints contributed to the lack of proper documentation. The failure of the attorney to have the treating doctor testify further exacerbated the issue. Now, with the case dismissed and no legal representation, the plaintiff is in need of assistance to navigate the appeal process.

Relevant Laws and Regulations:

  • Americans with Disabilities Act (ADA): Homepage
  • Social Security Administration (SSA): Homepage
  • California Department of Rehabilitation (DOR): Homepage

Possible Solutions:

  1. Seeking Legal Representation: It is essential to find the right lawyer who is well-versed in disability laws to appeal the case, including presenting the treating doctor’s testimony.
  2. Utilizing State Services: Reaching out to the California Department of Rehabilitation for assistance, guidance, and potential financial aid. Homepage

Cost Analysis:

Here is a table that provides an overview of the average costs associated with legal services in the Sacramento area:

Service Average Price
Initial Consultation $270
Filing an Appeal $1,860
Expert Testimony (Doctor's Presence) $3,325
Overall Legal Representation $7,540

Note: The costs may vary depending on the complexity of the case and specific lawyer's rates.

Clarification and Call to Action:

Since the legal issue at hand is complex and requires specific attention to details that may not have been fully addressed, I invite you to provide any additional information or clarification. If you're in immediate need of legal assistance, it might be beneficial to ask a free legal question or compare lawyers in your area.

Key Questions:

  • Was there any communication with the state's disability agencies during the two-year gap?
  • Have you attempted to obtain a free or low-cost legal consultation?
  • Can you provide more details about the initial legal representation?

5 Most Relevant Questions and Answers:

What are the grounds for appealing a disability case dismissal?

Appeals can be made based on procedural errors, insufficient consideration of medical evidence, or misapplication of laws and regulations.

How long do I have to appeal a disability case decision?

You typically have 60 days from the receipt of the decision letter to file an appeal. It's crucial to act quickly.

Can a doctor refuse to provide medical documentation for disability?

Doctors may refuse if they are uncomfortable or unfamiliar with the condition. However, working closely with a specialist familiar with your condition usually helps in obtaining necessary documentation.

How can I find affordable legal representation for my disability case?

Legal aid organizations, university law clinics, and pro bono services by law firms might provide assistance. Also, compare lawyers in your area to find one that fits your budget.

What types of evidence are needed for a successful disability claim?

Medical records, expert testimony, work history, and daily life limitations are typically required to establish the severity of the disability and its impact on work capacity.


This content is for informational purposes only and does not establish an attorney-client relationship. It's always recommended to consult with a local attorney about your specific situation.

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Legal question "Analyzing Disability Case Dismissal: The Legal Challenges of Progressive Myopia Retinal Detachment" has been changed 3 months 2 weeks ago. Demonstrate your legal skills and willingness to help and answer right now! Issue is related to the location of Sacramento & area of law: disability services.
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