Have you ever owned a “lemon” of a vehicle? One that’s in the repair shop more often than on the road?
If so, you can relate to an Omaha man with multiple sclerosis who had a “lemon” of a heavy-duty mobility scooter. The man could not reliably use the power scooter outside his home without hearing a loud grinding noise.
The man had purchased the scooter with his own funds. At least twice, he attempted to have the scooter repaired. However, the annoying noise returned each time.
Frustrated, the man contacted Disability Rights Nebraska. Our Staff Attorney and Advocacy Specialist knew scooters and other devices that help people function more independently count as Assistive Technology (AT) devices. Fortunately, Nebraska has a law that covers faulty devices: the Nebraska Assistive Technology Act (Lemon Law).
To solve the problem, our staffers collaborated with the scooter retailer and the product manufacturer. Following discussion, the manufacturer agreed to replace the scooter. Despite serious “supply chain” issues at the time, our staff stayed involved in the process to ensure the replacement scooter was shipped relatively promptly.
Additionally, they received written verification that the replacement scooter was covered by a two-year extended warranty, just like the original device.
In the end, our client appreciated having a reliable scooter so he could resume shopping for himself in his neighborhood and attending events outside his home.
As an agency, our staffers were pleased to have reached a good outcome for the client without having to resort to file filing a legal claim.
This man’s story is just one example of our agency’s work under our Assistive Technology grant. Here are some others:
When Nebraska Medicaid denied insurance coverage to a teenager with muscular dystrophy despite the 14-year-old’s success in using a trial robotic arm to brush her teeth and feed herself, a Staff Attorney researched information and referrals for the girl’s family. The attorney conferred with Disability Rights Connecticut, walked the girl’s mother through Nebraska’s appeal hearing process, and referred the family to two local attorneys who might be able to help with an appeal.
- A 29-year-old Lincoln man with cerebral palsy was seeking housing with a stair lift. He called our agency to ask about funding. Our Advocacy Specialist explained a private property owner would probably not be responsible for the cost of buying and installing the lift. She suggested:
- Contacting his insurance company to ask if his policy would pay for buying and installing the lift.
- Consider renting from a public/Section 8 housing provider and requesting to have a stair lift as a reasonable accommodation.
- Contacting any or all of the referrals she suggested: the Assistive Technology Partnership, the Disabled Persons and Family Support program within the Nebraska Department of Health and Human Services, Easterseals Nebraska, the League of Human Dignity, and United Cerebral Palsy of Nebraska.
The caller expressed appreciation for all the suggestions provided.
- A woman contacted Disability Rights Nebraska after Nebraska Medicaid denied her the use of a robotic arm attachment for her power wheelchair. Our Staff Attorney advised re-submitting the application emphasizing how the robotic arm would help her function independently. By emphasizing her current and future independence, the client could avoid needing extra waiver hours or a more restrictive living arrangement – saving Medicaid money.
Molly Klocksin has worked for Disability Rights Nebraska as an Advocacy Specialist for 24 years. She is a member of the Legal Advocacy Team. She works with callers to resolve issues through the intake process and does monitoring visits to facilities to ensure people with disabilities are free from harm and able to exercise their human and civil rights.
