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Is my attorney getting played??
#1
So, the latest excuse the DA has given my attorney for not reinstating my TTD benefits is he (DA) wants the AME to reconsider his report because the AME did not have the EMG results or the surgeons eval in front of him when he made his report. The EMG results were inconclusive (not an issue) and the surgeons report agree's with the AME - surgery is needed.

I thought the AME report was pretty much the final word - AME placed me on TPD so the benfits should have resumed, yet the DA keeps coming up with hoops to jump through it seems. I just talked to the paralegal for my attorney, he said there isn't a problem, they just have to go through the process.

Is this the normal process? Or, is the DA/IC getting ready to contest the AME when he doesn't change his report? I don't get it and the financial strain and stress is taking it's toll on my family.

Thanks.
 
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#2
there is no "normal".
if your atty is not fighting back with a penalty petition and an expedited hearing date then yes, they are not helping.
your hardline position is that it's up to the judge to decide if the current AME report is insufficient evidence to support an award of continuing TTD not the defense atty.
providing the AME with complete records is part of the original process and failure to do so that is not an valid reason to delay benefits.

your atty could even offer to negotiate some terms ---like "start TTD now and pay until hearing on the issue and I won't ask for penalty on the retro amount" or some such bargain.

your atty should not accept the status quo.
unfortunately you might have difficulty switching attys this far into the process.
you can check out a few here: caaa.org
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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#3
Thank you, again, 1171. Last Friday night you eased some stress, and you have again tonight - hopefully, next Friday will find me with a check that got deposited and not asking for help/answers.

Happy Fathers Day weekend, if it applies!!
 
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#4
(06-17-2011, 10:21 PM)socal Wrote: Thank you, again, 1171. Last Friday night you eased some stress, and you have again tonight - hopefully, next Friday will find me with a check that got deposited and not asking for help/answers.

Happy Fathers Day weekend, if it applies!!

you're welcome.
be well and I will - everyone has a father.
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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