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Is there time limit to notify an IW that PD is cut-off?
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05-05-2007, 09:14 PM
Post: #1
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Howdy,
I'm So California and have a WC claim post 4-14-04. There is a 2 year limit on wage loss. Haven't been able to return to prior work because of injuries and can't do that kind of work anymore. I have been off work for over 2 years. When the 104 week wage limit approached suddenly I stopped getting my TPD pay...no letter sent to me. About 4 weeks later I started receiving PD checks twice a month without a letter of explanation. I guess the PD (this is the code shown) to be based on the estimated PD rating. Thirty days ago the PD checks stopped. No letter of explanation was sent to me and I am freaking out. I was awarded SSDI but they offset the full benefit because I was receiving PD from WC. I do have a lawyer and called his office 3 times this week and have not received a return call. My Primary Treating Physician stated I was MMI & P & S with work restrictions. I was sent to a doctor (QME) for an evaluation and he wants my PTP to provide additional information and the QME may want to see me again. My problem is that SSA must have a letter from WC if the PD payments have ended so that I will receive the full SSDI benefit (no offset). Everyone is ignoring me. Meanwhile bills are stacking up. I don't know what to do. I looked at the Calif. DWC website and found no information on whether WC CA is supposed to send me or my lawyer a letter so that I don't end up even more financially worse off than I already am. I am venting and also wondering if anyone has any advise for me. The SSA representative said she would have my file pulled and find out if SSA can get information from WC. The rep told me no one would contact me before 20 days. Oh my gosh that's a long time. I feel so lost and afraid that I'm going to be left flapping in the wind. Doesn't WC/IC have any obligation to notify me or my lawyer when PD (estimated rating) stopped a month ago? Is there a letter that should have been sent to me? or, is there a time limit to send a letter. WC/IC has messed up my SSBI benefits and it sure doesn't seem fair that they WC are not accountable for informing Injured Workers. Thank you. |
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05-05-2007, 09:23 PM
Post: #2
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RE: Is there time limit to notify an IW that PD is cut-off?
Blondie, Sorry this is happening to you, It can be very scary, I can,t help you as I live in Illinois, but I,am sure there are other that will be along soon that can answer your questions, Please just hang in there and keep your chin up, There are several on this board from California, Good Luck.
Life isn't about waiting for the storm to pass. It's about learning to dance in the rain. |
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05-05-2007, 09:52 PM
Post: #3
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RE: Is there time limit to notify an IW that PD is cut-off?
Hi and welcome to the forum. I am sorry that you have to go thru this, its very frustrating. Im not sure about PD, but the IC did it to me with my TTD checks and treatment. They just stopped with no notice or warning. I found out that my claim was put into dispute when I showed up at the drs office and there was a note that said do not bill wc ic, bill bluecross, patient no longer covered under wc. (that wasnt verbatim, but you get the jist of it, i hope) My attorney told me for my TTD that it was a voluntary payment they were making, so they did nothing wrong. Im sure this isnt the case with you.
Hopefully someone from california will be around to answer you soon. Maybe monster or 1171 will be able to help. Good Luck to you, I wish you all the best! |
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05-06-2007, 05:54 AM
Post: #4
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RE: Is there time limit to notify an IW that PD is cut-off?
Blondie,
I know for a fact that this is not good news for you but the same thing was done to me. PD stopped and no advance warning. Was no where close to what they said they would pay me in advance PD payments. My understanding is that they do not have to pay advance PD payments at all and therefore do not have to notify you when they stop. I would continue to pursue the SSI route...if they can verify this through WC then your full payments will hopefully be back paid to when this first occurred. Good luck as our system is a real nightmare since what's his face got voted into office. Good luck and I hope you get good news soon. Please click the link below to help provide food for homeless animals. It's free and only takes a second of your time! Thanks ![]() http://www.theanimalrescuesite.com/clickToGive/home.faces?siteId=3 [IMG]http://i99.photobucket.com/albums/l298/dominic1964/smokieonbed.jpg[/IMG] |
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05-06-2007, 08:18 AM
Post: #5
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RE: Is there time limit to notify an IW that PD is cut-off?
Blondie, I seen you state you have an Attorney. Your Attorney has ways of obtaining the papers you need to say you been cut-off or have been release from the care of the IC. Then you could bring them to the SS Office. SS will still give you all the back pay, from the date you applied also, once all this cleared up. I know, I was taking I think $320.00 a month, when I think full payment would have been close to $1,800.00 (examples) and when I brought my paper in, it was like 3 months later, a direct deposit was made for back payments of the full amount for the past 2 years I was on SSDI. That can be a big chunk of change too.
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05-06-2007, 01:32 PM
Post: #6
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RE: Is there time limit to notify an IW that PD is cut-off?
WELCOME Blondie...I can't help with your question. I sure wish I could. I can hear your fustration in your post. It is bad enough to be hurt and not be able to work. Then to have all of this happening to you. Please know you have come to the right place we all know the fustration. So please vent all you want. We have all done are share. We are here to listen. A few can really help with your questions about the wc and IC questions. The rest of us have good ears and can offer support and a shoulder to cry on if you need one. We alsoenjoy a good laugh of good joke here and there. Please don't hold back just join in at anytime. We love to have everyone participate. So here is a big WELCOME.
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05-06-2007, 02:43 PM
Post: #7
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RE: Is there time limit to notify an IW that PD is cut-off?
yes Blondie welcome home
;)Workmans comp is not a road you want to travel alone.You need a good lawyer,a great family and good friends to lean on.If you make it thru without losing everything you have worked for all your life,you have come out ahead of the game.....
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05-06-2007, 11:35 PM
Post: #8
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RE: Is there time limit to notify an IW that PD is cut-off?
jayne Wrote:yes Blondie welcome home Hi Jayne, I'm not sure what your comment meant? In order to register under the new forum I had to change my user name Arieshead. Couldn't use that name for some reason so then tried using "blondie" and when I tried to log in again I couldn't use that name, ergo my new username, bluemoon. Peace. bluemoon |
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05-06-2007, 11:46 PM
Post: #9
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RE: Is there time limit to notify an IW that PD is cut-off?
welcome home just that this is like a second home to me so welcome home
;)Workmans comp is not a road you want to travel alone.You need a good lawyer,a great family and good friends to lean on.If you make it thru without losing everything you have worked for all your life,you have come out ahead of the game.....
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05-07-2007, 06:04 AM
Post: #10
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RE: Is there time limit to notify an IW that PD is cut-off?
jayne Wrote:welcome home just that this is like a second home to me so welcome home Thank you Jayne. My remark was made from a paranoid frame of mind. bluemoon |
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