Wellness

[stazgirl]

Do not proceed on your own with the disability claim. The attorney knows all the ins and out and can get the case settled quicker. Yes the court appointed nurse case worker is there to check the validity of the claims. Co operate with them and be your husbands advocate. You know how all this has affected him better then anyone. Good luck and prayers being sent. Please relax, breath and do not worry. Your attorney is there to look out for YOUR best interests

[Moonchilde]

When a claim has dragged on for a couple of years as your husband's has, the WC insurance company wants to close out the case/get it off their books/make a final payout, so they want an impartial examiner to advise them as to the level of disability - permanent or not, total or partial. From that determination they will make an offer. If you refuse, the WC carrier might be able to close out the case, citing your lack of cooperation. If you do indeed have a private attorney paid for by you looking out for your husband's welfare, the atty needs to be aware of this appointment and you need to discuss with him prior. If you do not yet have a private atty, *get one before the examination*, if necessary postponing the exam until you have an atty. I had a minor partial disability and was unaware of any of this so I did not have an atty until it was too late to get one (yes, there is a "too late" stage where an atty will not want to bother with your case). As it turned out I was lucky. I was made an offer. I did consult by phone with an atty who explained how the offer was reached, and that it seemed to him a fair offer. At this point my WC payor dropped the ball and failed to do some things as they should have been done, so when I went before a judge I was awarded MORE money, so that I ended up with almost double (still wasn't very much but it's a partial disability). So don't worry that the court itself won't be looking out for you.

[lizzief]

When my DH fell off a loading dock and had a neck operation, he was on workers comp. This happened at least 10 yrs ago, but I remember there was something called "maximum medical improvement." When that was reached, the benefits ended. At some point there is a medical evaluation that determines MMI. But there are several things that I don't understand about your post. "Court appointed" would indicate there is some sort of litigation going on. You also refer to "his worker's compensation attorney," but I'm not sure if this attorney is actually representing your DH or is the attorney for your DH's worker's comp insurance company. If the attorney is representing your husband, then follow his advice. If the attorney is representing the company's workers comp carrier, then you should have your own attorney. If the evaluation is court appointed, ordered by a judge, you can't defy a court order. It sounds like you need some legal advice to sort out everything that's going on.

[RedTop]

My opinion is that if you have 2 years of medical documentation on your husbands condition, do not waste time hiring an attorney. I feel confident you will get what you need from online filing. I would not share a huge part of your husbands back pay with an attorney, and Social Security will review your husbands records and determine when his condition became disabling, and pay him back benefits from that date to the present, as well as starting his monthly benefit.

[phoenixbrd]

Thank you Pitdakota....I appreciate honestly...and honestly I'm only about my husband's well being. A second surgery that was to correct the devastation of the first, ended up in more disability and pain. I am now so cautious. Thank you everyone. I rarely express myself in this way and I so appreciate your kindness in responding. I will preceed with the meeting, praying that all will go well.

[pitdakota]

On 9/24/2014 phoenixbrd said:

Thank you Pitdakota....I appreciate honestly...and honestly I'm only about my husband's well being. A second surgery that was to correct the devastation of the first, ended up in more disability and pain. I am now so cautious. Thank you everyone. I rarely express myself in this way and I so appreciate your kindness in responding. I will preceed with the meeting, praying that all will go well.

I am so sorry about your husband. And I know you care, but it is probably time to take a minute for yourself, sit back and have a nice cup of tea.and follow your husband's WC attorney's advice. Ask any questions of that attorney and make sure you understand everything. But follow his/her advice. Let the attorney worry about all of the legal wranglings and what you should or should not do so you can spend more time concentrating on you and your husband. And remember to take care of yourself as well. It can be mentally and physically grueling to be a caregiver.

[phoenixbrd]

Pitdakota...just reread your post and want to mention that for two years we have cooperate d with every doctors' appointment and every demand requested of us by doctors and lawyers at great expense (not just monetarily but at great pain to my husband as I drove him as far as 30+ miles to see doctors). The only issue has been that it was suggested that I file as the care taker to get paid. I work more than full time and totally have taken over all responsiblity for our home and his health. I wonder how that would ""seriously jeopardize"" disability.

[phoenixbrd]

VaBelle....he is our lawyer and we hired him only because we could not get outside the medical system he was in after the first surgery. It was evident immediately after the surgery my husband needed critcal care and the hospital did not want to address it. And yes, I wish the attorney was here tomorrow to protect us. In fact, I wish it was at his office but I suppose the case manager wants to see our home and how we live. Thank you for your prayers...

[ivey]

Phoenixbird--I really feel for you. This has to be so stressful. Please make sure this attorney and nurse case manager talk in jargon that you can clearly understand because of the stressful situation.

It sounds like you are at home, so I would suggest to have a very valued friend or relative there as a second pair of ears to hear all that is said. Maybe your brother, sister, a close friend, etc. They don't need to say a word--just listen for you. If you need to slow down the process as it's going along, take notes, and have them repeat things to you. That way it doesn't get out of your control. You don't have to be railroaded if you are prepared to ask questions and get explanations.

And find out exactly who hired this Workman's Comp. attorney--who is he really representing?

And I'm praying right now for protection and clarity for you. I pray also for your husband.

[phoenixbrd]

Campion...I did just that and talked to the paralegal. And I thought long and hard about this posting. I so appreciate the response and the commeraderie of the people who posted.