What is the name of your state? Colorado
My husband and I are a bit confused.
In May of 2006 my husband was drunk and spanked my son, leaving bruises. He was charged with misdemeanor child abuse. When he appeared for his first hearing he admitted he had done it and admitted he had both alcohol and anger problems. He told them he had quit drinking the day of the arrest, and had entered counseling on his own as soon as he was released from jail.
They agreed to suspend sentencing on the condition that he consume no alcohol for two years and continue with therapy. He slipped and fell in October of that year and injured his knee. This was the second injury to his knee, the first being ten years prior. He had surgery in late October and returned to work in December with full doctors release, he kept telling the doctor it was still slipping, but she said it was just weakened muscles and it would tighten back up.
He stepped in a hole in March of 2007, and his knee did the same thing it did the first time. This time a confirmed ACL tear and possible grade II MCL tear. He will require a full rebuild. If that doesn't work, and being the third time the doctors aren't hopeful, the next step is knee replacement.
The auto insurance only paid $5000 of the original $35,000 surgery. So the doctor will not even see him again until the first bill is paid. We have called every other orthapedic surgeon in the are and they apparently checked with the first doctor, because they will not even see him until he has proof of insurance.
We applied for State Medicaid but were denied and neither of us are pregnant : 0
He recently applied for services through the Department of Vocational Rehabilitation. They will pay for the surgery and rehabilitation if he is accepted, and they sounded positive about his chances.
However...
The judge in the child abuse case found out he has not been attending counseling since the first injury. She called him in for a review and he told her he had no income since the injury. When she asked him if he had even tried to find a job he told her he had been looking online.
She gave him one month to find a job, saying he must bring in a list of at least eight employers he had applied with. We are a very rural community, and he has only found one so far. I suggested he also get a letter from his previous employer (over 10 years) who is dying for him to come back to work, but since it is construction he can't come back until his knee is 100%.
We have a doctors release stating he will not be able to return to work for at least six months after surgery. Medical records etc.
He can't go back to work until his knee is fixed. He will not qualify for medical assistance unless he remains unemployable. He must seek employment or he may go to jail. If he is offered a job, he can't take it if he ever wants to get his knee fixed.
I am in the process of writing a letter to the court explaining the situation. Sending a copy of medical records, doctors release, denial for medicaid, and application for services through vocational rehabilitation. He did not apply for Vocational Rehabilitation until after his hearing, but he was already researching his options online, since it is questionable if he will ever be able to return to construction in his former capacity after three knee surgerys.
The judge is a really good person. I've seen her work many times, and in my opinion she is fair, but firm. I fully understand her impatience with him, I get pretty impatient with him myself. Honestly, yes, he has drug his feet on getting assistance.
Do you think the letter to the judge will help? If you were the judge would you understand or would it just make you mad that he was going against your orders?
My husband and I are a bit confused.
In May of 2006 my husband was drunk and spanked my son, leaving bruises. He was charged with misdemeanor child abuse. When he appeared for his first hearing he admitted he had done it and admitted he had both alcohol and anger problems. He told them he had quit drinking the day of the arrest, and had entered counseling on his own as soon as he was released from jail.
They agreed to suspend sentencing on the condition that he consume no alcohol for two years and continue with therapy. He slipped and fell in October of that year and injured his knee. This was the second injury to his knee, the first being ten years prior. He had surgery in late October and returned to work in December with full doctors release, he kept telling the doctor it was still slipping, but she said it was just weakened muscles and it would tighten back up.
He stepped in a hole in March of 2007, and his knee did the same thing it did the first time. This time a confirmed ACL tear and possible grade II MCL tear. He will require a full rebuild. If that doesn't work, and being the third time the doctors aren't hopeful, the next step is knee replacement.
The auto insurance only paid $5000 of the original $35,000 surgery. So the doctor will not even see him again until the first bill is paid. We have called every other orthapedic surgeon in the are and they apparently checked with the first doctor, because they will not even see him until he has proof of insurance.
We applied for State Medicaid but were denied and neither of us are pregnant : 0
He recently applied for services through the Department of Vocational Rehabilitation. They will pay for the surgery and rehabilitation if he is accepted, and they sounded positive about his chances.
However...
The judge in the child abuse case found out he has not been attending counseling since the first injury. She called him in for a review and he told her he had no income since the injury. When she asked him if he had even tried to find a job he told her he had been looking online.
She gave him one month to find a job, saying he must bring in a list of at least eight employers he had applied with. We are a very rural community, and he has only found one so far. I suggested he also get a letter from his previous employer (over 10 years) who is dying for him to come back to work, but since it is construction he can't come back until his knee is 100%.
We have a doctors release stating he will not be able to return to work for at least six months after surgery. Medical records etc.
He can't go back to work until his knee is fixed. He will not qualify for medical assistance unless he remains unemployable. He must seek employment or he may go to jail. If he is offered a job, he can't take it if he ever wants to get his knee fixed.
I am in the process of writing a letter to the court explaining the situation. Sending a copy of medical records, doctors release, denial for medicaid, and application for services through vocational rehabilitation. He did not apply for Vocational Rehabilitation until after his hearing, but he was already researching his options online, since it is questionable if he will ever be able to return to construction in his former capacity after three knee surgerys.
The judge is a really good person. I've seen her work many times, and in my opinion she is fair, but firm. I fully understand her impatience with him, I get pretty impatient with him myself. Honestly, yes, he has drug his feet on getting assistance.
Do you think the letter to the judge will help? If you were the judge would you understand or would it just make you mad that he was going against your orders?