regional center

Judges decision came this week. He determined that Calvin is not eligible for Regional Center services.

 

I have a 12 page document that summarizes the Judges review of Calvin's file.

 

 Here are the concluding paragraphs:

 

 "The weight of the evidence does not establish that claimant's epilepsy is driving his behavioral problems and as a result, the evidence does not establish that claimant's epilepsy constitutes a substantial disability.

 

Dr. Nespeca, claimant's treating neurologist, was unable to conclude, based on the 48 hour EEG, that claimant's epilepsy is the cause of his behavioral problems. In addition, Dr. Max, the neuropsyciatrist who evaluated claimant following a referral from Dr. Nespeca, specifically found that claimant's behavioral problems were not the concurrent manifestations of his seizures, per se.

 

The opinions of these physicians are credited over Dr. Marshall's testimony......Dr. Max's and Dr. Nespeca's opinions are given greater weight than the opinions offered by Dr. G, claimant's father."

It is upsetting. The main reason it is upsetting is that we feel the judge made a mistake. It isn't that he doesn't think Calvin is too high of functioning, or isn't disabled. It is that he believes Calvin's doctors said epilepsy isn't causing his disability. There, he misunderstands the dr's notes. If I had it to do over again I would have asked Dr. Max and Dr. Nespeca to add a letter describing how epilepsy contributes to Calvin's disability. Anyway, not sure what we're doing next.  Just moving forward day by day.