How long after You are declared MMI can a Person apply for Permanent Total?
How long after You are declared MMI can a Person apply for Permanent Total?
Actually you have to be MMI before you apply for PT. You were on Temp total I assume and you are looking at being MMI-ed by an IME. For some incredible stupid reason you can not apply for PT while receiving Temp total.
If you look at several other posts I made about PT hopefully you will learn some helpful things. I will warn you it takes about 9 months from the time you file to the hearing for PT. That means 9 months sans income. You may get SS disability or even welfare in a pinch but SSD takes longer then PT to get.
Good luck and please take a few minutes to read my posts. There are a lot of pit falls in the process and as we already went through it all take what you can from our fight instead of learning it the hard way yourself. I hope you get something useful out of them.
Feel free to ask any questions I will gladly help if I can.
There is a waiting period before the initial application for permanent partial disability can be filed. The waiting period is calculated from the date of injury or the last payment of temporary total or wage loss (whichever is later).
For claims arising before June 30, 2006, there is a 40 week waiting period.
For claims arising on or after June 30, 2006, there is a 26 week waiting period.
The following date. If your MMI date is July 15th (does not mean you have received the last check yet) you can file on the 16th of July.
Here is a copy of those posts I was suggesting you read. I really hope they help.
The injuries were terrible but still not enough for the IC. What I had to deal with as a spouse the hardest thing to deal with the ever increasing depression. I thank God now that I asked if I could get help for my husband. He got to go to a wonderful doctor that kept him from killing himself because yes, his depression was and still is that bad.
I thank God I asked because it was a huge portion of why he was finally granted PT.
If you are dealing with an injury, the pain and financial stress, depression is common. It pays to ask. There are tests they can so that will show them how serious it is. Please talk to your lawyer or case worker about treatment for depression. It will help make your case stronger yes but it will also help you and your family deal with all the other affects of your injuries. If you get a good doctor it can really make a difference, ours will allow me to join the session when I feel I need to and it has helped.
When our PT was granted it was in most part due to the depression, it was that sever.
If I had known I would have gotten him help much earlier. Please seek out this help if you feel you need it.
If you are thinking that filing for PT is even a remote possibility for you in the future please take my advice.
File for Social Security disability today! My husband had several injuries as well as serious depression and we had to start facing it, he would probably never go back to work.
In 2002 he had his third knee surgery and that was followed by another. He never went back to work after the 3rd one. I had him apply for it then in 2002. It took until 2007 to get it.
I was extremely glad we had because of what we found out later, when you are in a situation that you will need to apply for PT you will have to be MMI first and when that happens your TT will stop. Then and ONLY then can you apply for PT and it will take a minimum of 6 to 9 months with NO INCOME!! There is nothing, no way, no help! That is truly cruel and unusual punishment for people that have done nothing wrong! You are the victim of an injury and you get treated like a criminal and looked at like the scum of the earth and then you start to feel like you are, YOU ARE NOT! Oh and you can forget welfare if you thinking well if nothing else you could get that. Odds are you can't. Now that we are through this I intend to see what I can do to get this changed in some way.
Here's what will happen. If you do manage to get SS while still on TT your monthly SS check will be reduced to an amount matching some magic figure they use to say what the maximum income you should get per month is. Then you MUST find a way to save some money, put some aside no matter what.
Once you are about to be MMI'ed you will need to contact SS and they will get your SS back up to your full amount but it will take more time then they say, They will tell you it will happen in 90 days but it won't. It took 8 months for us. That savings you hopefully have will help here.
You do need to know that your local SS office has the ability to release the difference between your lowered amount and the your full amount amount of money to you every month until the federal office gets it right. No one will tell you this unless you spend hours yelling and crying on the phone with them like I did. They will NOT do it until after the 90 days have past.
When you know your looking at PT start getting your ducks in a row. Fill out the application and don't date it. Talk to your doctor(s) about your situation and make sure they will write your disability letter. The day you are notified that your last IME says you are going to be MMI'ed call that doctors office and tell them you want that letter dated the day you will be MMI. Call that doctor the day before this date again and tell them you will stop by tomorrow and get it. Why? If you are awarded PT they will most likely pay you back to the date of that disability letter. If you mess around for months you will not get PT for that period of time.
Now you will need to survive for months on your SS alone and you should call your utility companies, mortgage or landlord and see what if anything they can do to work with you while you are in limbo. They all were willing to help us in some way, some more then others but it helped.
When you do get PT granted your SS is now up to it's full amount so your PT will be cut down to that magical figure so that you're not making over whatever it is per month so be prepared. If you were getting the full amount of SS since MMIed whether you got it all at once or got several months at one time then the full amount each month you will ONLY get the adjusted the amount of PT back pay and again this will probably be to the date of the disability letter from your doctor.
You will also need to let SS know once you get PT and they will ask for the disbursement letter you will get from your lawyer if you used one. It tells them what lump some you got, how much went to the lawyer but what they really want to know is did the adjustment to that magic figure get made by the BWC or do they get to reduce your money per month.
Couple other things you should know that we did not. PT is granted until the IW dies, NOT reaches retirement age as we we told by the BWC. However there is no spousal amount to follow the IW death so keep that in mind.
The good news is you will get full amounts of SS and PT once you reach retirement age. Our lawyer tells us that this is 65 no matter what year you were born, I have not verified this yet.
You are entitled to housing tax discounts even a Golden Buckeye card (don't laugh it helps in more places then you think, even auto repairs! You will need to go to a local library to get a temp card if you are under 60) once you are declared permanently disabled by either SS or by being granted PT.
Once your are classified permanently disabled ask every person you pay for anything if they have discount programs for you. Utilities, car and housing insurance, even groceries all have some programs to save you some money.
If you are married you need to take any saving you can and make sure your spouse will be OK financially if you die first. To do that talk to at least 3 financial advisers to see what fits your situation best. No matter what talk to at least 3 people! Trust me it matters.
I hope this helps get you more prepared then we were, if I had know what to do and what not to do it would have helped so much. It sure would have helped when I was unable to sleep and it would have help lower the stress when my husband was diagnosed with cancer in the middle of waiting for PT! He has gone through chemo and surgery and all the rest and they say he is fine and should survive with no re-occurance but it truly was more then anyone should have to have on their plate at any one time. I was diagnosed with breast cancer 2 weeks ago myself so I KNOW stress people. As you all probably know you lose health insurance pretty quickly and the only thing you can get covered is whatever body part was injured. There is a reason they open new cancer hospitals every day. We are in over 1.5 million in medical bills between us. Some hospitals will write off some but most won't. If you do get another illness or injury while uninsured I would suggest Cleveland Clinic. Not only the best care but they will write off up to 100% without taking your house.
Looking back the biggest thing that saved us from losing everything was my persistence. I called everyone and kept asking questions and never assumed the first answer I got was right. I also asked people to send me what they were telling me in writing then they would bother to double check and sometimes find out they were talking out their but and were wrong. I was usually friendly and nice to them and if I got someone that was nasty I would simply ask to speak to their supervisor and suggest to their boss that they must be having a bad day. However when called for I could be calmly argumentative.
I wish you all the best and if anyone has anything to add or can offer me advice about what other services we might be entitled to let me know.
If this does help you please let me know, I'd like to think I can help at least one IW out there that is as scared as we were when we realized what was to come.
The best of luck in the new year and with your injuries.
And the other post you may want to read was:
If you ask your lawyer as your going through filing for PT (permanent total disability) of any other BWC issue most will never say a dollar figure you will end up owing. I understand this in that they can not see into the future and can not possibly know how many hours or effort will be needed to see your case through to the end.
Some filings will be a typical arrangement of a percentage of whatever is won is taken by the attorney for the fee. Typically around 1/3 of your settlement.
HOWEVER be warned that when filing for PT there is a different agreement. Most lawyers have a set fee and that fee does NOT include any fees they incur for specialists, reports or anything else. This set fee can be taken over time from your weekly benefits and you will be given a choice of how long to split the payments but the fees incurred by the lawyer will have to come out of any back PT you are awarded. You usually are granted PT after having been on TT for a period then realizing that a return to work will not be possible. Once you apply for PT your TT stops whether you have been MMI-ed or not. The time between your doctor pronouncing you disabled in writing (this is required to be included with your PT filing) and the hearing when your PT is granted will be paid to you in a lump some that will probably go to your lawyers office and be made out to him or her.
We knew there would be a fee and we made the stupid mistake of assuming it would be 1/3 of the back money. I kept asking and was told that he had a flat fee and that he would have to figure out the fees for everything else.
When the PT check arrived at his office and we went to meet with him for settle everything we were more then a little shocked when we were told his fees were $10,000.00! Oh then there was another $900.00 in fees!
BE AWARE be prepared and although I feel these are extreme I have since called several lawyers and asked them what they charge and this is the same fee all 7 offices quoted me.
I am grateful for all the help the lawyer gave me in my darkest hours and yes he did help get this through faster and easier then I could have done alone. I am happy that we can pay this back slowly over time with no interest rather then losing the entire lump some we were owed for back PT but yes it still seems too high.
In the end I asked myself if I would recommend our lawyer to anyone I cared about and yes I would.
Just be aware of the fees that can be involved if you win.
Thanks for all the replies. They are very helpful.
I am lucky enough to have a excellent Attorney so hopefully things will not be to hard.
my attorney told me, we have to go for PPD, before going for PTD. also, i have been told there maybe a benifit i may get, he called it, living wage lost. in the process, i have had the plesure of being exaimed by dr.s tosi, and murphy. they are for sure not a friend to any injured worker. PPD, pay's 60 weeks in lump sum. if your disability increases over time, you can go for this every 60 weeks. there fore you should ask your attorney of this. i hope this helps someone out there. i pray for all injured workers out there. oh, i have been off here for a bit of time, trying very hard to get my head together in the right place.
It was my understanding that certain PPD is basically accepting a percentage of loss of use and getting any further help can be tricky. I don't know if you are speaking of the same thing but the issue I was told about by our lawyer to help in that time between TT and PT is basically a way for the BWC to buy their way out of that claim. Just be certain you are not agreeing to that.