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Time for new lawyer? NY - Printable Version

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Time for new lawyer? NY - tbear6410 - 10-16-2014

Well, finally got my comp checks coming in, but may be having an issue with my lawyer.

At my last hearing, all I did was sit there and wasn't asked any questions.... Seems my lawyer and the Ins. Carrier's lawyer made a deal without informing me at all. They agreed to give me 66% of my pay each week and when I asked my lawyer how they got to that, he told me the IME listed me at 50% Partial Temp and my Surgeon listed me at 100% Total Temp. So they met in the middle for 66%...
I asked if they ever read the report from the IME stating that my rating would change after I had x-rays, EMG and a MRI done (which was all done after IME appt.) This is how I got to 100% Total Temp. and during the summer, surgeon took me out of work until further notice.. Lawyer didn't want to hear it...

He then asked me why I haven't signed up for Unemployment...

1. Surgeon took me out of work until further notice..
2. I'm not Able or Ready to work (hence out of work til who knows when)
3. I'm still listed as an employee at my job
4. None of the answers on the Unemployment site asking why you're out of work pertain to me.
5. I will be having a procedure done which will keep my life on hold for up to 3 months or more.

Since I ended up at Urgent Care once for my back, that dr. took me out for just 5 days and when I was to go back, it was with restrictions... There is light duty, but my boss refused to let me back unless I get all restrictions taken off... My lawyer told me to never mind what my surgeon told me and to go by the Urgent Care doctor so I can get more money... So I should listen to a guy that I saw for maybe 15 minutes instead of a surgeon I've been seeing for 2 years??

Is this right?? I feel it may be time to find another lawyer.. This one tells me there is no discrimination going on even though there is.. Carrier has now messed up again on my back pay check.... They shorted me 909.00, called and told lawyer, they did a call and when I checked their site, another check is being sent and that one is 380.00 short.. Per the Hearing paper, it stated if the total award was not paid in 10 days, the Carrier would get hit with a 20% penalty on the total and owed to me. 10 days is this Monday 20th... and lawyer stated he won't go after it.

So, should I start talking to other lawyers or tell this one to start looking after me...


RE: Time for new lawyer? NY - Scooter123 - 10-16-2014

Since your on WC, you are not eligible for unemployment insurance because you can't work.
Any lawyer would know this....
If you file for UE, that means that you are willing/ready/able to work.


RE: Time for new lawyer? NY - 1171 - 10-16-2014

yes, look for another lawyer.
even if nothing changes you will have some peace of mind knowing you did something about it.
a couple years from now you don't wanna' be sayin' "I shoulda', coulda', why didn't I? "
some people spend more time finding an auto mechanic then searching for a lawyer that decides their most important health issues.


RE: Time for new lawyer? NY - 1171 - 10-19-2014

you're welcome; glad we could help.


RE: Time for new lawyer? NY - tbear6410 - 10-19-2014

Tomorrow I will be going through the list of lawyers and the questions I want to ask. I also have a question out to Workers Comp about the Ins. Carrier and this shorting me my back pay...

And yes 1171... thanks for the help.....


RE: Time for new lawyer? NY - tbear6410 - 10-20-2014

Waiting for a few Attorney's to call me back. Also one to see since I've been out of work since June 28th and not going to be going back until next year or longer... see if I would qualify for SSD...

Still no word from lawyer's office about Insurance Carrier shorting me on my back pay. I told them I want an answer today.... I'm tired of the Carrier screwing me over...


RE: Time for new lawyer? NY - 1171 - 10-20-2014

if it's foreseeable that you'll be off a year you are eligible for SSDI
more in fo here
http://www.ssas.com/


RE: Time for new lawyer? NY - tbear6410 - 10-22-2014

Well, got an email back from Unemployment and they agreed with me that my lawyer was in the wrong... They told me until my doctor/surgeon clears me for work, I don't qualify for that... but I did qualify for SSDI.. as soon as I see the doctor next Monday and they tell me that yes... I'll be out over a year, then I'll start up with SSDI and try and get on that. Did talk to a lawyer that handles that and he said if I get on SSDI, it will take up the slack with my Comp checks..

Once again, thanks for the help....


RE: Time for new lawyer? NY - 1171 - 10-22-2014

good deal.
as always having your own sources of information and doing some basic research keeps you in the drivers seat.
that's the great value of having a board like this available.



RE: Time for new lawyer? NY - tbear6410 - 10-30-2014

Finished up the SSD online application and I should hear about that by Monday... I was also able to obtain a new lawyer. They will be mailing me the papers to fill out and send back. They agreed that my former lawyer wasn't really helping me at all... It's bad when you have to contact the Advocate at Comp and tell them your lawyer doesn't want to get the rest of the money owed to you WITH a penalty added to it... they had me print and fax in the RFA-1W with the only 2 checks I've received.. even though it shows on their computer there... This new law firm also does SSD and says they'll help me along with the first denial...

Keeping fingers crossed that all goes smoothly...

I also go back to see 2 doctors on Nov. 6th to talk about a Spinal Cord Stimulator.. Seems the nerve block I had done on the 7th only lasted maybe 2 weeks. Surgeon's asst. says my body might be too use to having them done.. just like pain pills.. there's been so many, they just don't work....