Posts: 2
Threads: 1
Joined: Oct 2008
10-07-2008, 06:28 AM
Good Morning,
I am coming close to my tenth anniversary from leaving work on October 9, 2008. I had a case filed since 2000. I will be going to my 5th IME. I am starting again with the psychiatrist for the insurance company, and then the lawyers doctor. I do hope this time is the charm, and I get to court.
I know my pension from work will not be affected by the award or settlement. I do not know about my SSDI.
I would like any information about how awards are calculated on a mental health case.
Thanks for any help,
"Molly"
Posts: 1,493
Threads: 9
Joined: Jul 2008
Are you saying that you have an already accepted work related PTSD claim and finally going to settlement after ten years or that you are stiil trying to get a PTSD only claim allowed ?
In most states you cannot have a psych only claim absent a physical injury as I understand it so in the states I am most familiar with a final award is determined the same as for injury which is that competing psychologists offer their learned opinion of the degree or percentage of impairment attributed to work and then your states statutes convert that to a dollar amount by a unique formula.
Since you evidently have ten years of lawyers would not they have answered this to your specifics ?
Posts: 2
Threads: 1
Joined: Oct 2008
Cycler Wrote:Are you saying that you have an already accepted work related PTSD claim and finally going to settlement after ten years or that you are stiil trying to get a PTSD only claim allowed ?
In most states you cannot have a psych only claim absent a physical injury as I understand it so in the states I am most familiar with a final award is determined the same as for injury which is that competing psychologists offer their learned opinion of the degree or percentage of impairment attributed to work and then your states statutes convert that to a dollar amount by a unique formula.
Since you evidently have ten years of lawyers would not they have answered this to your specifics ?
This case has been ongoing for ten years with the same lawyer in New jersey. The staff members in my school system were having a hard way to go ten to twelve year ago.
I have a tremor in my hands, and have been in treatment with an neurologist.
When I speak to my lawyer again, I will ask about the settlement.
Posts: 1,493
Threads: 9
Joined: Jul 2008
Good. I do know that NJ allows stand alone PTSD claims so maybe things go your way this time.
Posts: 7,129
Threads: 148
Joined: Apr 2007
May I ask, what was it, that had caused you to have PTSD?
Reply's are intended solely for informational purposes. They are based on personal opinions, experience, or research and are "not to be taken as fact or legal advice", otherwise, always consult an attorney or a doctor.
Posts: 2,426
Threads: 51
Joined: Jul 2007
So the tremor in your hands is definitly caused by stress? Have they did all the testing to make sure it is not something else that is causing you to tremor? Parkinson, MS, etc. I would hope after all those years that they did do testing for other conditions. My father had MS for 8 yrs. and tremors in his hands was one of the signs of it. Not to worry you , but to make sure you had that ruled out, or any other disease.
carpal tunnel recurrence/ neuropathy / RSD.
1/29/07 injury date. Permanent. PIR settlement 8/4/08 10%
