Is my attorney getting played?? - Printable Version
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Is my attorney getting played?? - socal - 06-17-2011 06:59 PM
So, the latest excuse the DA has given my attorney for not reinstating my TTD benefits is he (DA) wants the AME to reconsider his report because the AME did not have the EMG results or the surgeons eval in front of him when he made his report. The EMG results were inconclusive (not an issue) and the surgeons report agree's with the AME - surgery is needed.
I thought the AME report was pretty much the final word - AME placed me on TPD so the benfits should have resumed, yet the DA keeps coming up with hoops to jump through it seems. I just talked to the paralegal for my attorney, he said there isn't a problem, they just have to go through the process.
Is this the normal process? Or, is the DA/IC getting ready to contest the AME when he doesn't change his report? I don't get it and the financial strain and stress is taking it's toll on my family.
RE: Is my attorney getting played?? - 1171 - 06-17-2011 09:46 PM
there is no "normal".
if your atty is not fighting back with a penalty petition and an expedited hearing date then yes, they are not helping.
your hardline position is that it's up to the judge to decide if the current AME report is insufficient evidence to support an award of continuing TTD not the defense atty.
providing the AME with complete records is part of the original process and failure to do so that is not an valid reason to delay benefits.
your atty could even offer to negotiate some terms ---like "start TTD now and pay until hearing on the issue and I won't ask for penalty on the retro amount" or some such bargain.
your atty should not accept the status quo.
unfortunately you might have difficulty switching attys this far into the process.
you can check out a few here: caaa.org
RE: Is my attorney getting played?? - socal - 06-17-2011 10:21 PM
Thank you, again, 1171. Last Friday night you eased some stress, and you have again tonight - hopefully, next Friday will find me with a check that got deposited and not asking for help/answers.
Happy Fathers Day weekend, if it applies!!
RE: Is my attorney getting played?? - 1171 - 06-17-2011 11:52 PM
(06-17-2011 10:21 PM)socal Wrote: Thank you, again, 1171. Last Friday night you eased some stress, and you have again tonight - hopefully, next Friday will find me with a check that got deposited and not asking for help/answers.
be well and I will - everyone has a father.