(12-16-2017, 05:33 PM)Shadow Wrote: Thank you ..A C and R is just not possible .
The Industrial Injury has left me on SSDI and Medicare as a secondary to the Industrial accident.
Money is wonderful but it cannot fix the injuries.
What is interesting is the I & A office at the WCAB does not want to speak to an injured worker that has an attorney of any record whatsoever. This leads me to believe the attorney is on the case for the life of the case ..But I am not certain.
I have had attorneys on non workers comp matters finalize a case and sent a letter that the case is over and thank you for choosing their firm ect..
I know most AA lose interest post settlement. The question is: are the legally obligated by regulation to continue providing services ? Of course they don't want to .
I see post after post of lawyers violating the rules of professional conduct..
Do you know of any regulations that end the Attorney Client relationship post STIP? Or any regulations that require the continuation of services Post STIP.
Thanks .
I appreciate your help.Merry Christmas.
Shadow
He is still your attorney, legally. He is supposed to still represent you. He is your attorney until you release him or he releases you.Here is the issue though, after a stip there is no way for him to get paid. Some attorney's treat patients the same before and after a stip, while others do not. If you are having a lot of issues with him not helping you after your stip I recommend to set up a phone or in person appointment to talk about it. Also, during this time of year things slow down.
I want to reiterate there is no obligation I have read that applicant attorney's have to send in those IMR forms. Unless they are actively appealing the UR denials by going the extra mile by addressing the reasons for the UR denial, I see no need to have the attorney send in those IMR forms and in fact it can cause harm if you or a doctor can address the reasons for the denial (JMO). You just have to make sure you black out your attorney's name on the IMR form or he and not you will receive the second form stating when records can be sent to Maximus and not them. If your AA is a superstar and does go the extra mile with the IMR appeals and does more than just fill out that MAXIMUS form then let him continue. I know of one, maybe two attorney's who do that.
I think a lot of patients do not understand when they are on Medicare that when they C&R their case there is a Medicare set aside done and after that is used you can use Medicare. I would think you would receive much better medical treatment this way than dealing with UR and IMR denials. Are you currently receiving adequate medical treatment in this work comp system? If you are getting screwed with on a regular basis with UR and IMR denials, this is a horrible way to live. It is. Also, you may not be receiving proper medical treatment due to this. I have no idea what your situation is. I just wanted to mention again the C&R, if the IC agrees to it.
Also, when you do receive a UR or IMR denial you can contact Medicare and ask if they will cover it and place a lien on your work comp claim.
It has always been my understanding I&A officers are supposed to help injured workers even when they are represented. Have you tried going down to the WCAB near you and ask one to sit down with you? They cannot give legal advice, but they should help you.
Best to you.
I am not an attorney.Anything I write should not be considered legal advice.I am writing from my own personal experiences,which is not from any sort of legal background. You should consult with an attorney over legal issues. In California, if you cannot get an attorney you can consult with an I&A officer.