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Les Gilbertson

Les Gilbertson’s Answers

23 total

  • What is the stipulation if they are just faxing the medical records over to a new physician?

    In this case, the doctor would only fax the medical records over to the new physician. I understand the law where the Doctor charges the .76 cents per page per copy of the medical records. However, The doctor is not wasting money on physical sheet...

    Les’s Answer

    I am, of course, not your lawyer and this is not legal information or advise. I'm just telling you what I experience from day to day. The doctor that has the records receives a request for the records from whoever has a proper release or right to them. Usually, the doctor or medical care facility has a service that comes in and gets the records and then copies them. If they are faxed they still use the service. If the doctor or health care facility that has the records does not have a service then their staff must do this work. It takes a lot of time to do all the coping and faxing or sending records that are requested. There are a lot of different people requesting them. It could be other doctors, lawyers, Social Security, the VA and on and on. My complaint is that overall the price is too high and my hope is that on line computer storage will allow easier and greater access to all medical records at a cheaper, faster and safer rate.

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  • I was injured at work and put on lite duty but my employer is refusing to allow me to return to work.

    I was off of work for 2 weeks than returned to work on lite duty for 2 weeks. I reinjured myself at work and placed back on lite duty for 2 more weeks and now my employer is refusing to allow me to come back to work on lite duty. They stated the...

    Les’s Answer

    I am in Arizona and, of course, I am not your lawyer so this is non-legal information. If your employer does not want to give you light work he does not have to. However, the insurance company needs to pay you. The amount they need to pay you and other considerations such as whether you need to be looking for work are different in different states. Call the insurance company or whoever is paying your medical bills and tell them there is no work for you at your job and ask when they are going to start paying you and how much. If you do not get all your questions answered you need to call a workers’ compensation lawyer in your state.

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  • How can i sue the social security for overpaying me .

    I was receive SSI .I also told that they overpayed me $12.293 dollars. they also find me no longer disability.In july of 09.but they continue on paying me paying me for 8 more months. I receive 4 more checks .the last check I got was in Nov.They ...

    Les’s Answer

    They will quit paying you so they will not be able to just deduct the amount you own them from what you are getting. They may just send you a bill and say you owe it to them. You can tell them you want to be heard on the overpayment. If you do they may just wipe it out but must likely they will say you can pay it in payments. You can just ignore it and maybe it will go away. But then it may come up again if and when you again start collecting social security. Maybe that is the answer.

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  • Will receiving a workers compensation settlement affect my CashAid and Food Stamp income Benefits in California?

    I am a single mother of two and I have been receiving CashAid, Medi-Cal, Child Care Payment and Food Stamp since Aug/2010. From an injury in 2008 I am expected to receive a settlement soon. What steps can I take to ensure that I can receive that ...

    Les’s Answer

    You need to talk to a lawyer. I practice law in Arizona and California is somewhat different. However, the rule is that you cannot collect from these programs when you have either money or income. There are different and complicated ways to help you in this situation but they will require a lawyer. Perhaps the settlement can be spread out over your lifetime. Maybe it can be put in a special needs trust. Maybe it can just be spent over a period of time on exempt assets. This should give you an idea that that if it is a large amount you need a lawyer to help you handle this settlement.

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  • Can social security income alone be garnished in effort to collect credit card debt or bankruptcy?

    Thank you

    Les’s Answer

    More information is needed to answer this question. You will have to talk to a lawyer. If, as usual, your social security check is deposited in the bank then it becomes subject to being taken by anyone with the proper paperwork.

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  • Social security being levied even after filed exempt forms.

    Hi my social security is being levied every month twice a month. I filled an exempt form and still being levied but at least thiese time the bank dosent give them the monies, the bank charges me fees to take out and to put back in. Well while I do...

    Les’s Answer

    You need a lawyer. There is not simple answer to this question.

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  • In Colorado, can I collect unemployment and Social Security.??

    I am currently collecting unemployment and can now collect Social Security, of course, at a reduced amount because i am not at full retirement age. . How will this affect my unemployment status??. The unemployment, alone, is just not enough to g...

    Les’s Answer

    I assume that you are talking about Social Security Disability. The main problem is that to get unemployment you must tell them that you are able to work. On the other hand you have to tell Social Security that you cannot work to get social security. The Judges I think do not look favorable on this situation.

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  • I was hurt on the job and had shoulder surgery. My surgeon has yet to release me back to full duty. I was laid off today.

    Boss sighting lack of work or income to the company. It is a pipeline company and i am the General Superintendent. My duties do not yet require any physical labor right now since i am injured still. Can he lay me off or terminate me when i am stil...

    Les’s Answer

    Obviously by answering this question I am not your lawyer and I am answering the question with very limited facts. However here goes:

    I know that it is natural to feel that if you are hurt on the job that the company must keep you on the payroll. However, workers’ compensation (WC) gives you only the rights that are in the statute and continued employment is not one of them. If the employer could have let you go before the injury then they can let you go after the injury. Arizona is a “right to work” state” which means they can fire you for no reason at all. You could have rights not connected with you WC case such a union or contract rights or rights granted the policy as is done for State, Federal, and other employees but this has nothing to do with WC.

    However, if you cannot work then the “carrier” needs to pay you. This is very dependent on whether you were on light duty or could not work at all. There are many questions that need to be answered before a real answer can be given to this question.

    The question is can they let me go and the answer is yes. You need to talk to a lawyer who will ask you other questions and be able to answer you questions about what happens now and what happens in the future. You are probably entitled to money now and maybe money in the future. You need a lawyer to guide you through this period and the future if you cannot do the same kind of work in the future.

    You could find more complete answers on my homepage.

    Les

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  • Can I sue for Defamation?

    A few weeks ago me and my family’s house was searched because the humane society had received a complaint of animal cruelty they said me and my 9yr son were beating a dog with baseball bats, they were looking for a dog that does not exist and that...

    Les’s Answer

    I guess one can always sue but the real question is what is the benefit. Unless you want to pay a lawyer on a fee basis it may be impossible to fine a lawyer. It is a waste of money to pay a lawyer in cases like this. If a lawyer is willing to take his fee only if he wins then at least you would no come out to far in the hole. Who do you want to sue? The humane society got a complaint. If they were not negligent in following up on the complaint then you do not have a suit against them. Who made the complaint? Can you find that person and if you do and get a judgment can that person pay? In answering these questions you will see that you should not sue. Further by pursuing this you are likely to just bring it out into the public and make it more important then it is if you leave it alone. You need to think before you answer questions like the ones you propose. Do you think that you have been accused of a crime? Is it true that you get angry and hit animals? As you can see from these answers this is not legal advice. It is my personal opinion and I am answering this question to attempt to dispel the myth that you get money for every wrong you suffer and there is a lawyer who will be glad to sue.

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  • My employer deducted money from my last pay check for their workers compensation insurance premium

    I noticed a small change in my paycheck dollar amount last week. When I asked my supervisor about the shortage she indicated that the State requires that they carry workers compensation insurance so I am paying a portion of that monthy premium, e...

    Les’s Answer

    I agree with Thomas. I practice in Arizona but I feel I need to answer you question. The nature of workers’ compensation is that the employer is required to get workers’ compensation for his employees. There may be some restrictions like you need 3 or more employees but the nature is the same. That is, in exchange for the employer getting you workers’ compensation insurance you cannot sue him. To say that you must pay when he gets the benefit of being immune for suit is just not fair and I believe that no state allows that. You need to talk to a lawyer in your state or even better contact the labor board in your state and they can tell you and will probably also investigate the employer if he is trying to pass the cost on to you. Unfortunately, I think this is happening more often then we know if one form or the other and it must be stopped.

    Les

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