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how do i settle on medical - bagpussinamerica - 12-28-2011

my attorney told me today that workers compensation are willing and wanting to settle my case. But that they are only looking at a lump sum for medical. i have tarlovs disease which was made symptomatic four years ago in the work place. the entire sacral nerve were impinged as well as two in the lumbar area. the independent doctor that i saw two weeks ago, who is biased towards w/c in all ways, came back and said i was at mmi. my primary doctor today told both myself and my lawyer...he was there, that really she advises that i try to settle for as much as i can. which is what he wants to do as well.

i don't think a lump sum for medical is very wise in this situation, but i can't change attorneys now. too late really. can i fight for life time medical. is that even something they will consider? i don't know. i need some advise, and fast.

he said also that the monetary value of my case has gone down now that this other doctor came back saying i could return to work. i do have some damage control in that my primary doctor said no, and my neurosurgeon said that i was not. and he is the worlds leading expert on tarvlovs disease and their treatment. i am in awe that my own attorney tells me that this means nothing at all. he keeps telling me that i need to listen to him and let him do his lawyer thing. so far he hasn't done much in the way of protecting my interests. i am really worried.

RE: how do i settle on medical - Bummer Knees - 12-28-2011

Never settle with anything but open medical.

Here is what happened to me, once I settled for a lump sum medical I contacted my health insurance company expecting them to pick up the medical on my work comp injury.

I was informed by the insurance company because I received a settlement for medical the lumbar spine and bilateral knees would nevver be covered.

I was fortunate in the fact the medical settlement was only for the left knee, total knee replacement. What little amount (lump sum) I received must go the pay the left knee medical bills, then medicare will pay after that, but insurance will never cover the left knee.

Problem is if Social Security decides I am not disabled next time they do a re-evaluation I will lose medicare and have no medical coverage in the future on the left knee.

If I had it to do over again I would not have settled for lump sum medical.

RE: how do i settle on medical - 1171 - 12-28-2011

you didn't tell us what his "lawyer thing" was?
what did he advise?
lump sum or court?
if lump sum, how much did he say it was worth?

what is his professional legal opinion you will be paying for?

P.S. you did say you will never be eligible for Medicare didn't you? (otherwise all the medical settlement $$$ have to go into a set aside agreement once the amount is approved by Medicare.)

RE: how do i settle on medical - bagpussinamerica - 01-05-2012

His "legal thing" is his professional opinion and how he goes about getting the best deal for me. However, My neurosurgeon says I am no where near being at MMI and we won't even know if I have permanent nerve damage from waiting between the two surgery. I am now doubly incontinent. I have constant fall, last one last week when I don't remember anything before or after. My own doctor says I am not at MMI But I was sent, against my own better judgement to a pain clinic in Florida called the Rosomoff. I noted that all pain clinic patients were w/c and some returned home without meds, but with no less pain. They were cleared at 80% of was I, though I was not allowed to walk anywhere alone, or go outside alone and had to always wear a gait belt. I fell many times there and since.

My attorney is opting for settlement becase of this report, even though there are glaring contradictions in this. We can't get the nurses notes, though we have tried. We can't get any info on the place at all.

Now my attorney has said that the Big Guns are out to put me at MMI and my settlement was at 89,000, but it appears it has now gone down to $50,000 and lump sum medical. He gets 20% and then if I take lump sum I get even less on the value of the settlement. I have no social security because I was married less than 10 years. I have not enough to qualify for either medicare or medicaid. My attorney says the more I put this off this less I will get until I get nothing at all. My sacral nerve roots are involved, to the point that we still do not know if there is permanant damage or not. I also have L5-S1 nerve damage from the tarlovs. All tarlovs. My neurosurgeon is the worlds leading surgeon on the subject and the surgeries, but my attorney say it means nothing. I am be rubbed out in an instant.I know the attorney just wants his money, but now he has dropped the ball so many times I am worried big time. I still have radiating nerve pain going down both buttucks into the legs. I can sit for very little time, lie down for less and less time, which before was better. I can walk for very little distance and have contact and often sever falls.What I am to do?
oh, he advises lump sum, medical lump sum too, not court. He tells me I am right in everything I say about Tarlovs, but it won't make any difference even though w.c. accept that Tarlovs was caused by the work place accident. My neurosurgeon said there are still several options open to me, including spinal cord stimulator and pain pump and some other things.

Oh the neurosurgeon who did the independant on my....was the same surgeon who did the surgery on my client, who was 15 at the time of her own accident, so I am feeling a little locked in here. I am 57, she is now 28.I walk with a walker and still fall. Barametic pressure causes huge pain and often stops me in my tracks. Literallry. I also have bad vaginal pain along with the incontinence and also retention. I am sorry for my spelling. Please advise if you can. I see my attorney tomorrow. But everyone is pressuring me to settle all the way around, including medical. With Tarlovs, this thing can develop more over time and get worse. Lump sum on that is not an option, but my attorney said that is all that is being offered.

RE: how do i settle on medical - jayne - 01-06-2012

Bag before you settle please go see a worker at the SS office ask them your options....or a worker thru the welfair office. I just cant believe they can leave you out to dry like this.I wouldnt settle medical in any case not with that many problems.walk into court and let the judge see for his/her self what they have done to you.

RE: how do i settle on medical - 1171 - 01-06-2012

Have you talked to other attys about taking your case?

RE: how do i settle on medical - bagpussinamerica - 01-06-2012

(01-06-2012, 01:17 PM)1171 Wrote: Have you talked to other attys about taking your case?

If I talk to another atty about my case will I have to pay, or is it free so long as I don't take him on? If I do take him on, there goes another 20% towards legal fees. would you advise court?
(01-06-2012, 10:32 AM)jayne Wrote: Bag before you settle please go see a worker at the SS office ask them your options....or a worker thru the welfair office. I just cant believe they can leave you out to dry like this.I wouldnt settle medical in any case not with that many problems.walk into court and let the judge see for his/her self what they have done to you.

problem with tarlovs is, that one day you look just fine and the that very afternoon I am completely disabled. Its the nature of the disease. The founder of the Tarlovs Disease Foundation, believe it or not, is not considered an authority on the subject though she has written many articles on the subject in conjunction with a researcher and she got together many neurosurgeons and taught them about the disease, one of which is now the worlds leading authority on the subject and treats them. He is my neurosurgeon.

RE: how do i settle on medical - 1171 - 01-06-2012

why do you think each atty gets a full fee for handling part of your case?
most states only allow one fee that is shared.
check out your state's rules.

RE: how do i settle on medical - bagpussinamerica - 01-11-2012

Turns out my attorney misunderstood me. When I told him I hod NO social security benefits here, he asked if I would allow him to check because he had never had a case where someone worked so little that they didn't have any entitlements to benefits. He is if this were true, then it made absolute sense to have lifetime medical. Then on top of all of this, I find that a friend of mine had sent and email on my behalf to my neurosurgeon while I was at the pain clinic in Florida, she knows him personally. He told her that no one had been in touch with him at all about my being sent there and that this was the worse possible thing for me and my recover. Seems the center could monitor emails and stop them coming to me. This one didn't get to me, but did get to my friend. She sent it on to me when I asked if she had any emails the she sent that I didn't respond to. She sent everything she had. Now my attorney is seeing for himself that my neurosurgeon never did have any interaction with this center, despite the center assuring. me that they had done. And to add to that, the neurosurgeon stated he would say so in court if he had to. This is outrageous . I am still waiting for the nursing notes from the center as well. Now I am beginning to wonder if I should sue for damages done to my central nervous system by being sent there. My attorney nearly fell off of his seat when I told him about this email. It is now safely in his hands As well as a few others that were sent to him when I was there complaining about my treatment and how it was causing me extreme pain. My surgeon is appalled.