--it is a stupid distinction, and, yes, it seems ridiculous to put you through the whole process if the decision due to statute was preordained. I imagine the fact that stuff was paid for in error may have also had soemthing tod o with this (and there may have been pressure on the judge in that regard, too).

I would go through the continuing appeal process--not so much for the reimbursment, but for the PRECEDENT. Remember, we're currently in a BIG push for health care reform. Even if the current bills are passed, they are likely to be revised/tweaked in the future as the consequences/effects are gathered. I would take your story not only to the Senators, but to your Congressperson (who is yours? is it McMahon?--if it is, he's not that thrilled with health care reform, but I have friends in Staten Island who know him, and should be able to get you through to his constituent office) and the local State legislators as well. And, since the neuropathy organizations don't seem very helpful here, it's time to go to the press . . .