Hi, All,
I don't know where to start. My claim was closed just recently with a 5% impairment (IME) rating, check was sent to my attorney, they told me it is in a trust fund.
I had a conversation with paralegal about a week ago. She told me, they wanted to know if I wanted to appeal or not, if I do, this check stays in the trust fund for future expenses. I was also told, my attorney will not handle the litigations(no reason given), but a new partner with less experience will do it. Even this is questionable, as they want me to get my impairment rating from their chosen doctor before new attorney takes over my case.
Before all this happened, lawyer were supposed to appeal the vocational issue also, because that was the reason my claim was closed(they found transferable skill as receptionist). Paralegal now tells me, we have time for that?
My question is:
If I appeal, do I have to submit all evidence or do I have time?
I read it somewhere, if claim closed, can't submit more evidence at later time, it has to be done with the appeal at the 60 day time frame. Is it true?
I am so lost, very upset the way attorney handled my case in the past 2 1/2 years. He never really got involved, it was always the paralegal and now he dumps me. I know it is too late trying to find an other attorney, but just in case, I have to handle the appeal on my own, I want to know, how much time do I have to address the vocational issue.
By the way, claim closed on 11/30/09, so I have like 40 some days left to appeal.
Thank you so much for reading.
Kat
You didn't mention what state you're in, the laws vary so much from state to state.
Did you settle with future medical, did you keep anything open? That's important.
Call another lawyer ASAP, I don't think it's too late. Take copies of everything you have including your settlement. Appeal if you can. You can represent yourself but it's difficult.
I am in WA state. As I understand, there is no settlement or future medical here.
I was shocked to learn how little rights the injured workers have here.
My claim's manager shoped around for vocational counselors, I had at least 11 during the past three years, finally the last one came up with this bogus transferable skill so they can close my claim.
Does anyone know... do I have to submit evidence with the appeal after claim's closure or do I have time to do it later?
Thanks.
Only added new evidence is what allows an Appeal.
Next, I think, in my opinion, having a new younger go getter handle your case now, just might be what you need. As the new attorney being fresh out of the box, is going to try and make an employment statement now with their employer. Better then finding a new attorney in my book.
Bad Boy is Correct with staying with Your Firm and going with the Younger Attorney. It seems from what You have Written that Your Current Attorney doesn't Feel there is any More He can do for You, and wants Paid for His Expenses Upfront because He Fears Losing. I don't know Your Case Cover to Cover, but I would Bet that's Their Line of Thinking. The Reason I say this is when I Signed My Contingency Agreement, it Clearly States that when the Case Closes, My Firm is not Responsible, nor do They have to go to the Appeals Process, and if They do, They have the Option to Ask for Any Expenses Upfront. My Attorney Jumped in with Both Feet on 2 Appeals, and He's going to the Commonwealth Court with All Expenses Paid by His Firm because He feels the Win, and it's going to be Worth Big Bucks to Him if We Win! My Opinion Only, Please Ask for a Set-Down with this New Attorney on the Firm and Ask Straight Out, You May Decide after that Conversation to take Your Money and Move on, or Fight again!! My Best of Luck to You as Always, and I Hope There is Something the New Attorney May See the Old One Didn't!!
Bad Boy and Still..thanks for your inputs.
I was told this new attorney who just joined the firm is an older man with 10 years of experience, mostly ssdi/employer issues, he just started workman's comp not long ago. He had four cases so far, he lost one, won three. I am supposed to have a set-down meeting with him after the rating done.
I have no choice but go with this firm as far as I can and see what happens. I just don't want to quit, this 5% combined rating on both hands is really bothering me.
I was told, people with no surgeries usually get higher ratings and I had five and still have lots of issues. No wonder, it took them 11 vocational counselors to come up with only one transferable skill because I have many limitations with my hands.
Thanks again for the advice.
is that true ppl that dont have surgery get higher ratings?
That is a first for me too. meaning first time I heard those that had no-surgery get a higher rating. My friend was offered $32,000.00 without surgery, and $85,000.00 after surgery. Can't see that to be true in must cases.
Kat. You May have been Mis-Informed. If You have a Surgery, and it doesn't Bring You back to Near Your Pre-Injury Status, the Courts take into Consideration the Pain and Chance You took to try and get Back to Work, and even though it not Stated in Legal Wording, the Harder You can Document You are trying to get Back to Work and Can't, Usually the Higher the Settlement Amount. Now the Person that Just Says I'm not having Surgery, and not going back to My Previous Job, and just want to Settle, sounds like a Person not trying to Use the System, and just get a Quick Pay Day. Each Individual Case is Different, and Some Surgeries May be too Dangerous to have,and then that would be a Different Story. Too Many Variables to come up with a Definitive Answer, but in My Case when They Opened Me Up, They found a Crushed S1 Nerve Root the MRI didn't show, and when the Scar Tissue grew after the Surgery, and Wrapper itself around that Nerve Root still Crushed, so now it will be for Life, makes My Case wort a Whole lot More than First Expected! Best of Luck!!
Sorry, I didn't mean people with NO surgeries get higher ratings, I meant the opposite. That's my point, I had five and people with no surgeries got higher ratings than I.
Limbo, I want to take my case further because I can proove, I tried really hard to get back to work. For two years, after each surgery I kept going back, but after the last one, I couldn't, so my employer fired me.
After that, for three years, I was trying to work with all the vocational counselors, who were assigned to me(11). The first firm tried everyting, but because of my limitations, there wasn't too many options for me, not even re-training(not enough money for schooling), so they recommended pention. My claims manager didn't like the result, fired this firm, hired a different one and finally the last counselor came up with the transferable skill which resulted closing my claim. Attorney told me, they would protest both the vocational result and also the IME doctors low rating.
Now my attorney is pulling out, so here is this new partner who will handle the litigations, but I have my doubts.
The other issue is cost of impairment rating. How much does it cost? The doctor who was chosen first requested $100.00 to review my medical records, now they want an additional $800.00. Paralegal told me they will clarify if it includes the examination, also, if not, they will find someone else.