opinions about settlement

[nursedina]

For those of you that did settle, I wondering about your OPINIONS. I know its not gospel or fact, but I wanted opinions on whether you are happy with your settlement or wish you had never done it.

Here's my story :I Live in PA
RN working in home health and making good money. 3 kids, widowed three years ago. Raising kids on my own. 2 years ago, At work one day, bent over patient, blew out a disc, badly. Got permanent foot drop (L) and permanent nerve damage pain in same leg plus chronic back pain. Had one level fusion to stabilize spine. When pain did not go away, I saw another neurosurgeon (didnt like the first one) and found out the screws were falling out and disc above it blew out. Had second surgery 6 months after the first one to redo the first fusion and do the second level. This was a 360 fusion. Pain continued, chronic stomach problems due to scar tissue buildup in my stomach from second surgery.
Had spinal cord stimulator implanted by neuro surgeon about 5 months ago.
I attempted to go back to work at my own willing. Insurance company did not force me, they actually (knock on wood) have been very good to me. Paid for everything. No problems.
I lasted a few days at work and the pain started to increase. After a brief reduced work hour week, I was taken back off work. Pain has increased, and is holding steady where it is now, but it is worse than before i went to work. I know that I am not going to be able to work again. I can accept that.
I see a pain mgmt doctor every month and take a minimal amount of narcotics. I take some in the AM and Pm and some for breath through if I am having a particularly bad day.
This is my problem. I am out of money and can not live like this anymore. I have two kids in college, (they have jobs and are trying to help) I am about to lose my vehicle, my home, and they have even put a lock on my propane tank until I pay my balance. I havent paid a credit card in two years and they are calling my family and friends and are starting procedures for suing me.
I have gone for help every way I can imagine. I have contacted the state agencies, but even on comp, I am slightly above or at the limits for getting any help. I do get SS benefits, but it is a very small amount of only a couple hundred dollars right now
I want to settle.
I am tired of it all.
I was told my my lawyer and my state rep that helped me with my SS, that if I settled, my social security would go up to a reasonable level ( I know it wont be as much as comp) but at least my bills would be paid off.
I am talking with my lawyer on Tuesday about settling. I want to see if he can initiate the process for me. He seems to think that since it was my idea to go back to work and I tried (and failed) that now might be a good time to address settling. But I want opinions. Honest opinions.

-thanks in advance for any help/insight you can give me

-take care
Dina

[jayne]

Dina,only you can decide if it is worth it.....for me it was I was able to pay everything off.....take my family on a vacation God knows they earned it and now collect SSDI.....I got my SSDI after settlement you will be settlng after getting SSDI which is a whole new ball of wax cuz you must deal with medicare setasides.....for me to get out of the WC merry go round it was well worth it....good luck

[nursedina]

jayne Wrote:Dina,only you can decide if it is worth it.....for me it was I was able to pay everything off.....take my family on a vacation God knows they earned it and now collect SSDI.....I got my SSDI after settlement you will be settlng after getting SSDI which is a whole new ball of wax cuz you must deal with medicare setasides.....for me to get out of the WC merry go round it was well worth it....good luck

Thank you Jayne. That is what I am thinking. I have a significant amount of debt (left over after my husband died at age 37 - we had no life insurance because I just started to work at a new job and i was still in my probationary period. I was 4 hours away from having life insurance! hows that for sucky?)

I am figuring that I can pay off my debt (if settlement is enough) and just live off social security. I will not live the high life but at least I can sleep at night. I do not expect to get rich, I just want to pay off my bills so I can answer my phone again- not hide my truck form the impound guy and not worry about heat in the winter)
I have a figure in mind, but I dont know if its too high or not. I dont even know if the insurance company will settle or not. I am hoping they will.
I know I am never going to be able to work again - and thats ok. not my dream, but its something I am slowly beginning to accept.
My lawyer told me the other day that I could ask for medicare set aside or open medical. how does that work? do I have to go for medicare set aside since I am already on social security? Will that take all my money?

[jayne]

sounds as if you might need open medical so that you can see a pain mgt Dr they are very expensive but good a what they do....you have scar tissue problems? are you a red head? reds tend to scar a bit more.....medicare setasides can take a long time to set up...if you like and trust your lawyer then let him handle it.....does your kids in collage get work study? if so they are eligible for foodstamps.....

[freebird]

nursedina Wrote:

jayne Wrote:Dina,only you can decide if it is worth it.....for me it was I was able to pay everything off.....take my family on a vacation God knows they earned it and now collect SSDI.....I got my SSDI after settlement you will be settlng after getting SSDI which is a whole new ball of wax cuz you must deal with medicare setasides.....for me to get out of the WC merry go round it was well worth it....good luck

Thank you Jayne. That is what I am thinking. I have a significant amount of debt (left over after my husband died at age 37 - we had no life insurance because I just started to work at a new job and i was still in my probationary period. I was 4 hours away from having life insurance! hows that for sucky?)

I am figuring that I can pay off my debt (if settlement is enough) and just live off social security. I will not live the high life but at least I can sleep at night. I do not expect to get rich, I just want to pay off my bills so I can answer my phone again- not hide my truck form the impound guy and not worry about heat in the winter)
I have a figure in mind, but I dont know if its too high or not. I dont even know if the insurance company will settle or not. I am hoping they will.
I know I am never going to be able to work again - and thats ok. not my dream, but its something I am slowly beginning to accept.
My lawyer told me the other day that I could ask for medicare set aside or open medical. how does that work? do I have to go for medicare set aside since I am already on social security? Will that take all my money?

I am going to be honest with you; You should be asking your Attorney these questions. I f he cannot answer them then he is not a WC Attorney.
Saying that, I will answer your question based on my 7 years of WC. You CANNOT force the IC to settle. Generally, a IC does not like open medical because they cannot close the case. Saying this a Medicare set-aside might be in order.

I will tell you the IC is not your friend, They do not care if you sleep under a bridge. They will make you think they care but there goal is to get you out of the system ASAP with minimal cost and payout. You could fall under a impairment rating meaning you will only get what you are rated for.

IF you qualify for SSDI apply NOW, You DO NOT NEED TO SETTLE YOUR WC CASE BEFORE APPLYING FOR SSDI. I have been on SSDI SINCE 2006 and still have not settled my WC.

From reading your post, you either have a Attorney who knows little about WC system or either you do not understand. If your Attorney is not a WC Attorney who know your state WC System, you will get screwed financially big time. I am not trying to scare you but you need to back up and punt; It is time to find out if you are being represented properly.
Good luck.

[freebird]

jayne Wrote:sounds as if you might need open medical so that you can see a pain mgt Dr they are very expensive but good a what they do....you have scar tissue problems? are you a red head? reds tend to scar a bit more.....medicare setasides can take a long time to set up...if you like and trust your lawyer then let him handle it.....does your kids in collage get work study? if so they are eligible for foodstamps.....

Many see Pain Management monthly on Medicare set-asides; If handled properly, a MSA would be a transparent issue wih PM as the cost will be put in the Medicare set-aside. Generally, a IC does not like open medical because it keeps them tied up with the IW. This also could keep a settlement from happening. The IC has the power because they have the money and the IW is hurting financially big time.
Better have a good WC Attorney.....

[nursedina]

freebird Wrote:

nursedina Wrote:

jayne Wrote:Dina,only you can decide if it is worth it.....for me it was I was able to pay everything off.....take my family on a vacation God knows they earned it and now collect SSDI.....I got my SSDI after settlement you will be settlng after getting SSDI which is a whole new ball of wax cuz you must deal with medicare setasides.....for me to get out of the WC merry go round it was well worth it....good luck

Thank you Jayne. That is what I am thinking. I have a significant amount of debt (left over after my husband died at age 37 - we had no life insurance because I just started to work at a new job and i was still in my probationary period. I was 4 hours away from having life insurance! hows that for sucky?)

I am figuring that I can pay off my debt (if settlement is enough) and just live off social security. I will not live the high life but at least I can sleep at night. I do not expect to get rich, I just want to pay off my bills so I can answer my phone again- not hide my truck form the impound guy and not worry about heat in the winter)
I have a figure in mind, but I dont know if its too high or not. I dont even know if the insurance company will settle or not. I am hoping they will.
I know I am never going to be able to work again - and thats ok. not my dream, but its something I am slowly beginning to accept.
My lawyer told me the other day that I could ask for medicare set aside or open medical. how does that work? do I have to go for medicare set aside since I am already on social security? Will that take all my money?

I am going to be honest with you; You should be asking your Attorney these questions. I f he cannot answer them then he is not a WC Attorney.
Saying that, I will answer your question based on my 7 years of WC. You CANNOT force the IC to settle. Generally, a IC does not like open medical because they cannot close the case. Saying this a Medicare set-aside might be in order.

I will tell you the IC is not your friend, They do not care if you sleep under a bridge. They will make you think they care but there goal is to get you out of the system ASAP with minimal cost and payout. You could fall under a impairment rating meaning you will only get what you are rated for.

IF you qualify for SSDI apply NOW, You DO NOT NEED TO SETTLE YOUR WC CASE BEFORE APPLYING FOR SSDI. I have been on SSDI SINCE 2006 and still have not settled my WC.

From reading your post, you either have a Attorney who knows little about WC system or either you do not understand. If your Attorney is not a WC Attorney who know your state WC System, you will get screwed financially big time. I am not trying to scare you but you need to back up and punt; It is time to find out if you are being represented properly.
Good luck.

Thanks Freebird for the reply.

I do have an attorney and I am seeing him on Tuesday to talk about this stuff. We have talked briefly but never thought about settlement because I was trying to go back to work.

I was just curious as to what other's opinions were. My attorney is a good attorney and yes, he does specialize in WC. I was only concerned with opinions and what other people's experiences have taught them.

I always try to learn the most I can about something before I talk to my lawyer so this way I understand a little more about the questions I may have to ask him. Coming here and reading things has brought questions into my mind that I may not have thought to ask.

I get social security disability but I still make too much $$ for state help. I have tried. I did get $100 towards my heat last year. That was it. I am at the high end for help and the low end to live....lol....

Nope, not a read head, black hair, black eyes...lots of scar tissue in my belly.

Thanks for you replies...I really appreciate it!

--take care!
Dina

[nursedina]

Freebird -

I have researched my attorney thoroughly and am totally confident in his abilities. He speaks a little above my head sometimes, and I need to be more upfront when I don't understand something.

We have never talked settlement before because it was not an issue, now I have brought it up to him to see if he could start the process in seeing if the IC is interested in settling. If not, then fine, I have no choice, I guess I lose everything - if I do, its not something I have control over, so what will be, will be...but if they are, I was just interested in opinions and filling up my knowledge bank a little with questions to ask my attorney.

He has gotten very good results and an excellent reputation when I am from. Mr. Belt knows him and had has also told me that he is an excellent attorney.

[freebird]

nursedina Wrote:Freebird -

I have researched my attorney thoroughly and am totally confident in his abilities. He speaks a little above my head sometimes, and I need to be more upfront when I don't understand something.

We have never talked settlement before because it was not an issue, now I have brought it up to him to see if he could start the process in seeing if the IC is interested in settling. If not, then fine, I have no choice, I guess I lose everything - if I do, its not something I have control over, so what will be, will be...but if they are, I was just interested in opinions and filling up my knowledge bank a little with questions to ask my attorney.

He has gotten very good results and an excellent reputation when I am from. Mr. Belt knows him and had has also told me that he is an excellent attorney.

Then you should be fine. Knowledge is a key to understanding but a godd WC Attorney is a must. If you do not understand, tell your Attorney to re-explain. You will be paying him well so "drill him" for understanding.

[nursedina]

Thanks Freebird!

Yep, I also believe knowledge is key! You're right. If I don't understand, I need to ask for clarification more often. He tries very hard but I think my pain meds make it hard for me to follow him sometimes. Amazing that I have a masters degree in nursing but have trouble understanding people now.
The only thing I think to say sometimes is..." this sucks"..because it does. I hate it when people tell me how nice it must be to sit home....hmmmmm.....I'll trade my foot brace, my 6 screws, two rods, bowel problems, pain and scars for the ability tom work anytime!

Have a good night!