on august 24th 2015 I injured my rotator cuff while lifting a heavy object at work. I had surgery on April 28th 2016, the doctor says that I am doing well as far as range of motion but I will need strength training . the insurance company is offer...
Mr. Bollinger is correct. Although this may seem like a "fair" settlement offer to you, more information is needed from a legal standpoint. Because you just had surgery and have not yet undergone physical therapy, it is unknown how long it will be before you recover and what your permanent limitations will be, if any, once you have recovered. It is unknown whether you will even be able to return to your job. How old are you? How far did you go in school? What is you past relevant work? Even though the doctor says you are doing well, how do YOU feel you are doing? Are you still in pain? If you take the settlement, who is going to pay for your post-operative treatment? Without knowing information such as this, I suggest that you schedule a free consultation with an attorney to fully discuss your case before informing the insurance carrier you want to accept the offer. AVVO is a good place to research workers' compensation attorneys in your area.See question
I just had my Social security disability hearing today and my attorney was with me at my disability hearing but there was no vocational expert there after my letter from the SSA said there would be one at my hearing and gave me the name of the voc...
I agree with Mr. Pham. You need to ask your attorney. If you are denied, the fact no VE testimony was obtained may be an issue for appeal.See question
I WAS INJURED ON THE JOB A FEW YEARS BACK,I SETTLED WITH A WORKMENS COMP LAWYER,I WAS NOT INFORMED THAT NO MEDICAL COVERAGE WILL BE INCLUDED FOR THE FUTURE, I AM SUFFERING FOR BACK PAIN FROM THE SAME ACCIDENT, THE LAWYER I HAD NO LONGER WORKS FOR ...
I have not settled a workers' compensation case in which the Employer/Carrier/Servicing Agent did not require the injured worker to sign a settlement agreement and a general release of all claims and causes of action. I assume your attorney had you read and sign the settlement agreement and general release as well as other documents necessary to effectuate the settlement. If you signed these documents, it is presumed that you read and understood the documents and that you agreed to give up your rights available under the workers' compensation statute in consideration for accepting the settlement proceeds. If you were mentally incompetent, under no duress, and were not "tricked" into settling your case, you are bound by the provisions stated within those documents. Your attorney should have provided you with a copy of the settlement documents. If you do not have a copy, the law firm your attorney worked for at the time the case settled should be able to provide you with copies.See question
I have an upcoming hearing for SS Disability and was told it is better to bring a form from my physician for the judge to see. What should I bring to the hearing????
You should bring a residual functioanl capacity form completed by your treating doctor and/or a mental residual functional capacity form if you have a psychiatric impairment. More importantly, you should consider retaining an attorney immediately and having him/her attend the hearing.See question
I work in Florida, fell while on a business trip in Texas, and my worker's comp is in Florida. In what state would I seek counsel.
Florida for the workers' comp case. If you fell due to the negligence of a third party, you would have a claim for liability damages in which jurisdiction would be Texas. Thus, you would need to seek counsel in Texas for that cause of action. If you pursue a third party cause of action, the workers' compensation carrier will have a subrogation lien in that matter.See question
My son's father was recently terminated from Social Security Disability by way of a Continued Disability Review. He is 33 years old, and has been receiving benefits for 3 years for a well documented history of brain injuries. The 3rd head injury r...
I agree with Ms. Kellman that your son's father probably has a god chance of getting his benefits reinstated if the proper medical evidence is obtained to show that his impairment has NOT significantly improved since his SSD claim was previously approved. Don't dwell on how/why the cessation of benefits happened. It has happened (right or wrong). Put your energy into working on getting the benefits reinstated. You need a qualified attorney to assist you. I would not suggest that you attempt this by yourself. Search attorney profiles on AVVO and talk to a few attorneys. Most attorneys do not charge a consultation fee. Best regards.See question
After the surgery went and done the rehab. Later I return to work with no problem. About 6 months ago I started to have excruciating pains and my movement become limited. The question is I never taken any lawsuit money but now I cant even go see ...
Florida Statute Section 440.19 discusses the statute of limitations in workers compensation cases. In essence, it states you have to file a petition for benefits within 2 years of your accident, or after the two years, within one year of the employer/carrier's last payment if benefits. There are a number of circumstances which could possibly overcome a statute of limitations defense (ie, did the employer/carrier send you an informational brochure discussing your rights? Did the employer/carrier pay impairment benefits based upon the permanent impairment rating the treating doctor assigned?)
So more specific information is required to better answer your question. What is your date of accident? What is the last date the employer/carrier paid/provided a benefit to you? Did the employer/carrier pay the perm impairment benefits?
Even thought though the statute of limitations may have run, you should confer with an attorney before giving up. The statute of limitations issue has many niuances.
Even though you might be able to overcome a SOL defense, doesn't mean your current shoulder condition and need for treatment is the result of the original injury. That is a medical question and the employer/carrier may fight you especially if you had a subsequent intervening accident involving your shoulder.
I received noticed that the decision from my hearing for social security disability was "unfavorable" and now have 60 days to appeal it. Can anyone tell me how that process works? Will there be another hearing? what am I to expect next during this...
Because you have an attorney, you should set a conference with him or her and fully discuss the next step which is filing an appeal with the Appeals Council.See question
I was approved for disability benefits about 2 months ago. My onset date was June 2014 and since i am on disability how do i go about getting Medicade or Medicare?
If you are already 65 years old, you are entitled to Medicare. If you are younger than 65, you will not be entitled to Medicare until the SSA has paid you two years of SSD benefits under Title II.
So if your onset date was 6/1/14, your back benefits go back to December 2014 because the SSA does not pay SSD benefits for 5 full months from the onset date. Thus, you should be entitled to Medicare in December 2016.
If you applied for SSI only and you were approved, you should be immediately entitled to Medicaid.
If the foregoing is applicable, contact the Centers for Medicare Services and/or the Florida Dept of Children & Families.
My husband got in a motorcycle accident in 1973 and got mangled pretty bad. Now he is going on 59 and in a lot of pain from arthritis; he had his hip replaced 8 yrs ago, his shoulder is bothering him, his right knee is going to need to be replaced...
Mr. Lonetto and Mr. Viera make good points. More information is needed in order for an attorney to tell you whether your husband has a chance of being approved for SSD or SSI. AVVO is a good place to review attorney profiles in your local area. Most attorneys do not charge a consultation fee. Best of luck!See question