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Settlement offer on work comp
#11
Yes we do Still In Limbo and it needs to be in his office and not over the phone.

I am not interested in talking settlement until after I see a doctor on the right knee and know what the future holds for me. Then I have the issue with the right arm, I am getting to the point that I can not wipe down the counter top using this arm, I just don't have any strength in this arm!

My attorney told me again this morning he wants to go for pernament total disability on me. This goes along with what my doctor says, that I am unable to work.

Attorney also shared if I close with open medical, in Kansas I will not need a setaside
for Medicare.
 
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#12
He is Correct about the Set-Aside, and that should Add More Money to Your Claim, because the Ins. Co. doesn't have to Pay to have the Set-Aside set Up, and They can Control the Cost of Your Future Care. I Hope You get it Straightened Out, so there is no Arguments Later, but Getting Well as can be has to be Number One!! Best of Luck!!
 
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#13
Still In Limbo with the knees only I am at 46% whole body.

If the back & right upper extermity is added to the claim that will only increase the whole body rating.

Another thing I need to consider is in 2010 Social Security Administration will re-evaluated me to determine if I am still disabled by their guideline.

Who knows how that will go and how it will effect my work comp settlement.
 
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#14
Bummer forgive me if I am wrong but isnt there a chance somewhere down the road of having to redo your knee?if so all that needs to be factored in.....what is fair is never what we get.....
........I love cats, I just cant eat a whole one by myself......







 
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#15
You are correct Jayne and that is why I told the attorney today I will be in court Dec 17th, and that I do not want to settle at this time.
 
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#16
Bummer, I agree, finish up with the Court first, and let the IC know, you wont settle till your court hearings have been completed. That is a fair way of dealing right now. Then if more medical is added, let your attorney know a medi-care-set-aside is needed before settlement.

My opinion, from what I read on you over a year or two know, your two years to one year away from a settlement.
Reply's are intended solely for informational purposes. They are based on personal opinions, experience, or research and are "not to be taken as fact or legal advice", otherwise, always consult an attorney or a doctor.
 
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#17
Bummer, I was Approved for SSDI 4 Years ago, and a while back I received a Letter that My SSDI Case was up for Review, and I may need to See One of Their Dr.'s, and My Dr. would be Contacted also and a Decision would be Made to Decide if I am still Disabled as per Their Guidelines. I'm 47 now, and as My Attorney said if They thought They had a Chance to take Me Off of Their Books, now was the Time, because My Next Review Period would put Me at 51, and the Guidelines for Approval Change Drastically at the Age of 50. As an Example, if a Person does Medium/Heavy Duty Work and are 45, and it's Proven They can Only do Sedentary Work after an Injury, They would almost 100% be Turned Down for SSDI, because They Feel You can be Trained to do Sedentary Work. Now look at the Same Situation with a 50 Year Old Applicant, and even though Sedentary Work may be available, They would Most Likely be Approved for SSDI, as My Attorney said They take the "Can't Teach and Old Dog New Tricks" Attitude from 50 on. Back to My Situation, a Short Time after I Received My Letter of being Up for Review came, I Received another Letter that They have Decided that My Case would not be Reviewed, Based on Information Received. My Attorney told Me He was Very Happy for Me, which is Bittersweet, because I will Probably Never Receive a Review Again, but that also Leaves Me with the Fact that I'm Considered Disabled Forever!! It's a Double Edged Sword, I'm Happy that Financially and Medically I will have Help, but Emotionally at 47 it's Tough to Bare the Thought of having this Pain forever, and be Considered Totally Disabled, even though I knew that before These Letters, somehow when You Read it from another Source, it Brings Back the Emotions!! My Best for You at Your Hearings, and Have a Great Day!!Wink
 
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#18
Thank you Jane, Bad Boy, and Still In Limbo.

Still In Limbo
I do worry whether I will qualify after the review by Social Security Administration.
Sometimes their decisions just do not make sense.


With wc I want my medical taken care of now.
In Kansas with open medical, every time you need medical treatment you have to go back to court and present it to the judge.
 
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#19
That Sure Makes it Hard to Leave Medical Open with that Type of System!! In Your Instance, I would want a Set-Aside done. Here in Pa., They can Send You for an IME every 6Mos. even if Your Case is Closed with Medical Open, because They are Footing the Meds. and Scripts. Bills. If They wanted to Be A**holes about it, They could try to End Your Care Then, but My Attorney Made it Very Clear that if I do Settle with Medical Open, and They Play Games, He will Represent Me Free of Charge, and it would be in Writing from the Firm He is a Partner in. So Pa. makes it a bit Easier, I just Think if I Settle, I want Them Gone Forever, I've had enough of Living in a Fish Bowl!!! I can't do anymore than I do now, but at Least I can do it without Constantly Wondering Who's Looking!!Wink
 
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#20
Still In Limbo you mentioned meds as a part of settlement.

In the settlement offer (letter) I received from the insurance company they wrote the insurance company would pay for an occasional over the counter medication only.

My sister has open medical, same atorney as I do and every time she needs another steriod injection, or anything else it is back to court for approval.

Her attorney does not charge for this. Course she has sent 9 injured workers to him and he is now their attorney, and I have sent 2 injured workers to him.
 
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