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  1. #1
    Join Date
    May 2008
    Posts
    12

    Default When Do Settlement Checks Come In

    How long have people waited for there first check to come in??? Settled in court about 5 weeks ago.
    Thanks

  2. #2
    Join Date
    Jan 2007
    Location
    PA, but worked in NJ
    Posts
    658

    Cool Re: Settlement ? Again

    Hey Waterman, By now you should know clearly what the plan will be for the neck, as from our past conversations you were expecting corrective care for the neck now that you have been given a rating of permanent impairment. This is highly out of the ordinary as the time for corrective care is BEFORE the rating, as the rating is premature without corrective care, if you were not told anything about continued medical care at this point I dont believe you will be getting corrective care for the neck. I think who ever informed you of this happening had misinformed you.

    OK as for you settlement check the court usually grants the ins. company 30 days to kick out your first check once it is clear that all parties have been served the proper paperwork. Basically they can stall but if you are receiving PPD benefits over a set time period I would keep accurate records of when checks arrived and when they were cleared by your bank!!! This is important in case your lawyer needs to file a motion to compel payments due by Order of Court.

    It is my guesstimated thoughts on this that you will receive your first check within 8 weeks from the date of your hearing when the order was signed and submitted. Here is the gray area as the court likes to give the carriers ample time to be sure they received the written order, and from this point the clock begins ticking. I have learned that many "stall payers" as I like to call them are experts at running the clock down then requesting it to be reset for some reason which usually has no merit, but the court usually will give them benefit of doubt????

    Even though you are represented by a lawyer, I dont think its inappropriate for you to contact the ins carriers disbursement dept. with your case and order in hand to ask when the first check will be cut & mailed and when appox. should you expect. Just tell them there has been mail missing from mail boxes in your area, and you dont want to fall victim to this with you disbursement check.


    Well I wish you well Waterman. Please come back and see us as I am at odds with this corrective care after rating and order to pay, as the order usually means the conclusion of this case. However since your impairment is less than total disability you have time limits to ask the court to reopen the case based on law, maybe this is what your lawyer was referring to when he was thinking of getting you corrective care for the neck that was given rating. He can easily argue the rating was premature for the reason given. As you may now be aware once you are getting corrective care by an authorized WC DR after the waiting period ( I think 7 days) then you are also entitled to TTD payments again, and possible an increase in your settlerment should you get a higher rating on the neck, but this can be a double edged sword as if your rating decreases so will rating and thus your settlement?????????

    BUG

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