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Partial Lump Sum for Debt Questions
#1
I was just going to ask for the money to cover my credit card bills that I have acquired since my accident but can I ask for the money needed to pay off my vehicle as well? I had purchased the vehicle before the accident but since the injury it is much more difficult to make the payments.

Are these debts reasonable to ask for? By the way I am in the state of New Mexico.
 
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#2
since you are not represented you should contact the ombudsman for more detailed help:
http://www.workerscomp.state.nm.us/pdf/W...rogram.pdf

generally these petitions are filed at the time the parties are submitting an agreement on the amount of the permanent disability.

as a rule of thumb you should always ask for whatever you have documentation for and let the court decide what will be approved. if you are not working they are much stricter about allowing early payouts.

if you are thinking about retaining an atty later on, there is a caution: whatever you get upfront will reduce the overall future disability payout and as the disability amount drops so will the interest and availability of lawyers willing to represent you.
lawyering is a business and generally the bigger the settlement the more attractive your claim will be to potential attys.
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
I did contact the ombudsman regarding this and here is the repose I got from them:

52-5-12 Payment; periodic or lump sum; settlement

c. After maximum medical improvement and with the approval of the workers’ compensation judge, a worker may elect to receive a partial lump-sum payment of workers’ compensation benefits for the sole purpose of paying debts that may have accumulated during the course of the injured or disabled worker’s disability.

Key word being accumulated. I just don't know if vehicle payments would fall in this category.

An agreement was never made on the amount of permanent disability. The WC adjuster just told me what that amount is, and that is 41%.

I highly doubt I will retain a lawyer at this point. To me they are just not worth it. Worse case scenario is I get bi-weekly payments for the next eight years and retain full medical for my back.
 
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#4
I have not delt with this partial payment petition in New Mexico and can't say how your particular judge would rule.
I would speculate that a strict interpretation would be that you could request a lump sum payout for the vehicle payments that occurred during your disability period.

I don't think you could petition for the partial lump sum payment based on an entitlement to the 41% and also reject their 41% offer.
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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#5
I will be filing the petition asking for the money to pay off both the credit cards and the vehicle and just let the judge decide.
 
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#6
yup.
shouldn't be too much of a problem.
they'll probably set up a conference to make sure every thing is clearly understood.
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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