Client says disability law case is “fight for all”

In the 39 years since Lyn fell from a roof during her freshman year at St. Cloud State, she’s exhibited an indomitable spirit. Paralyzed from the chest down, she forged ahead with uncommon resolve. She continued her studies, earning a degree in criminal justice. “I only missed a semester,” she says. She pursued a career working with female inmates and juvenile sex offenders and she had a family of her own. Her two children, now adults, are thriving in the world. 

It hasn’t been easy. Lyn has experienced episodes of health setbacks, contending with osteoporosis, multiple surgeries on her hands and breaks in her legs. Yet, she deftly steeled herself for a legal battle when the state, last spring, determined she no longer qualified for Personal Care Assistance (PCA) services.

After using the state’s new online assessment tool, which serves to update and confirm PCA needs, she was notified she no longer qualified for help eating or help with her mobility.

That’s when she called the Minnesota Disability Law Center and paired with Attorney GeWaden Dunkley.  Three continuances later, preceded by months of research and extensive document-gathering, the judge sided with Lyn.

Here’s what Lyn learned throughout her case and what she wants anyone in her situation to know if their PCA services are reduced.

1. Act Quickly: If you lose dependency hours, file your appeal in writing within 10 days (non-business days) to keep your original hours until your hearing. You also have up to 30 days to file an appeal if you miss the initial window, and up to 90 days to file an appeal if you have a good reason for not being able to file it within the first 30 days.
2. Communicate with Your County: If you feel a dependency loss was unfair, contact your county assessor or their supervisor. Provide additional information or documentation to support your case, as they are often willing to reassess. 
3. Prepare Thoroughly: Gather a doctor’s note detailing your dependency, two years of past assessments, and photos that illustrate your needs. 
4. Don’t Hesitate to Ask for Time: If needed, request a continuance to give yourself more time to prepare. Judges are often understanding. 
5. Seek Legal Help: Contact Legal Aid to get assistance from an attorney who knows the law and the statutes governing PCA hours. 

To reach the Minnesota Disability Law Center, call 1-800-292-4150.