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Hello
i live in n.y state and broke my back in work.pain clinic ordered a medication for me and since my doctor prescribed it for the past four years.9 months ago the carrier decides they will not fill it saying it was not part of my original claim which it was and always has been my doctor keeps prescribing it but they still refuse.i am permanently totally disabled i contacted my comp lawyers pulos and rossell and i just keep getting excuses for a court date with wc board now i am not getting replies from my phone calls emails etc...today my husband went to pick up my new hydrocodon prescription up and there not filling that now.which has been filled no problem for the last 3 months..i am in so much pain and at my wits end.am out of pain meds now and lawyer is not contacting me either.is there a higher authority i can contact ? by law they cannot stop giving me what i am prescribed.is there anyone else we can contact about wc or the lawyers actions.hope someone can help
vicki 56yr old woman
Posts: 10,803
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Joined: Apr 2007
you can change lawyers at any time.
you can file a complaint about your lawyer here
http://www.courts.state.ny.us/ip/attorne...ints.shtml
the comp court is the proper venue about disputed benefits.
you can contact the comp carrier directly and write letters of complaint to the officers and managers of the company.
you can also contact your local state legislator to voice your complaints
you can also file a complaint about the carrier here
http://www.dfs.ny.gov/consumer/fileacomplaint.htm
Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information. Use the search feature to find information from similar questions.
THANKS FOR POSTING.
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(11-01-2013, 04:25 PM)1171 Wrote: you can change lawyers at any time.
you can file a complaint about your lawyer here
http://www.courts.state.ny.us/ip/attorne...ints.shtml
the comp court is the proper venue about disputed benefits.
you can contact the comp carrier directly and write letters of complaint to the officers and managers of the company.
you can also contact your local state legislator to voice your complaints
you can also file a complaint about the carrier here
http://www.dfs.ny.gov/consumer/fileacomplaint.htm
THANK YOU FOR THAT WILL GET ON IT RIGHT AWAY.THIS HAS BEEN GETTING RIDICULOUS THANK YOU
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Joined: Nov 2013
(11-01-2013, 04:36 PM)vickijperks Wrote: (11-01-2013, 04:25 PM)1171 Wrote: you can change lawyers at any time.
you can file a complaint about your lawyer here
http://www.courts.state.ny.us/ip/attorne...ints.shtml
the comp court is the proper venue about disputed benefits.
you can contact the comp carrier directly and write letters of complaint to the officers and managers of the company.
you can also contact your local state legislator to voice your complaints
you can also file a complaint about the carrier here
http://www.dfs.ny.gov/consumer/fileacomplaint.htm
THANK YOU FOR THAT WILL GET ON IT RIGHT AWAY.THIS HAS BEEN GETTING RIDICULOUS THANK YOU IF I CHANGE WC LAWYER WILL I BE CHARGED ??
Posts: 384
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Joined: Oct 2012
I pay for mine out of pocket when they refuse to pay. I then turn in the bill to get reimbursed
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Joined: Oct 2013
I have gone through the same thing recently. By law, the carriers must provide a medical reason for denial, however, because New York is corrupt, they just don't. Get your legal ducks in a row. Call your doctor and ask for a letter of medical necessity specifically stating that failure to fill the med leads to opiate withdrawal, and unnecessary medical danger. Also, make sure they note that the medications are part of a pain management plan, detail how long the drug has been prescribed, that all other pain modalities have been exhausted, and that the carriers are arbitrarily denying the meds without providing a medical reason for denial. If possible, find the exact section of the medical treatment guidelines (also available on the website) and cite where these meds are covered for your injury (and ask the doctor to include this language in the letter). When the letter is prepared, be sure to have it faxed to the Board and the carriers (both carriers, old and new) on the same day in the same manner.
Also to cover yourself, file a document called an RFA (Request for Action), available on the Board website. This will tick off your ignorant attorneys (sorry, due for my meds and low tolerance for ambulance chaser attorneys).
But, also please read my post on potential third party lawsuits. If bad things have happened to you like this consistently, you may be someone who can be helped by a RICO lawsuit (for which I have attorneys already retained and need at least two other victims to make a class action from the State of New York).
Also, if the meds are denied and you have other insurance, you need something in writing to provide to your secondary carrier. By law if WC formally denies the meds, the secondary carrier must pay. Provide the second carrier with anything written that confirms denial, or ask your physician to write a letter verifying the denial (if verbal) to get around the insurance companies failure to follow the law.
The other option.... if you are low income, contact the patient assistance program of the drug manufacturer and see if you can get the drug for free......... Often this requires an agreement from your doctor to "hold" the drug, which will be mailed to the doctor, and have you come and get it every 30 days or at some frequency, and a whole bunch of paperwork, but better than living in pain.
