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  1. #1
    Join Date
    Jul 2010
    Posts
    11

    Default How to Get Vocational Training

    I did not want to start another thread. I need some suggestions on how to proceed! My IC didn't want to settle the medical side of my claim the Medicare set aside was not to their likings so medical will not be settled or closed. My problem is the they have express to me they are not willing to pay for vocational training even though they knew I was attending a vocational school to further my skills due to their client terminating me. I am now set for a hearing before the commision. I have done all the foot work to justify my cause with my records, e-mails, settlement agreement for unlawful discharge and the company knowing that I would not be returning to their company. I can't seem to find an lawyer in Little Rock to assist me at my hearing. Thus far my vocational training has cost upwards of 15,000 to date. Any thoughts would be appreciated!

  2. #2
    Join Date
    Mar 2011
    Posts
    291

    Default Re: Needed

    you might want to have a report from a VR counselor about how helpful your training will be in getting you back to work.

  3. #3
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,021

    Default Re: Needed

    Why did you go into VR without a prior agreement with the ER/IC on who pays the bills?
    There are reasons VR is provided... so far you haven't provided enough info to show you are eligible for VR services.
    they knew I was attending a vocational school to further my skills due to their client terminating me.
    You are not eligible for VR due to termination.
    VR is offered because your Dr says you cannot return to your usual and customary job function. Is that the case here?
    Because you were terminated you may be eligible for UI benefits...not VR.
    I have done all the foot work to justify my cause with my records, e-mails, settlement agreement for unlawful discharge and the company knowing that I would not be returning to their company.
    Ok...that would go to the unlawful discharge... though that is extremely difficult to prove. Even with the "evidence" you site.
    That still doesn't provide reason for VR services. And that is the reason you can't find an atty to help you.

    And, as you are Medicare eligible, that would indicate you are 1) 100% permenantly disabled under SSA definition/rules, or 2) of retirement age and removed from the open labor market, by voluntary retirement. That doesn't necessarily mean VR would not be available, but VR is still based on a medical determination of your ability to perform the pre injury job function and need to retrain.

  4. #4
    Join Date
    Jul 2010
    Posts
    11

    Default Re: Needed

    I go to a Techinal College and have been going every since 2009 my injury was 2008.

    ---------- Post added at 06:17 PM ---------- Previous post was at 05:29 PM ----------

    The doctor did doucment through my FCE I would never be able to do the type of work I was doing and a specfic letter addressed to that fact. That I am disabled I did get my disability this year. Also the IC lead me on that they wanted to settled until the medicare set aside came back. I didn't want to let them off the hook. Whereas SS offers the Ticket to work program they are not responsible for my injury per say. I was fired unlawfully by my ex-employer won a settlement through UNION help. We agreed to part ways. So I have asked the IC to help pay for VT. If I lose in my hearing I went down swing. Your thoughts!
    Last edited by wil2do; 04-09-2011 at 03:21 PM.

  5. #5
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,021

    Default Re: Needed

    My thoughts... you should have and a VR award or agreement in place before you took it upon yourself to attent the classes.
    It is difficult to go backwards in this.
    Being terminated is not cause for VR.
    If the Dr determined you are unable to perform the preinjury job functions...then the VR issue should have been addressed at the time you were negotiating the settlement on case in chief.

    As to MSA... negotiations on future medical should not be entered into, or completed until CMS has been provided the proposal, reviewed and approved.
    You cannot force a C&R on the medical ....they are free to leave that open and control the costs through the UR process. Same procedures as you have experienced during the claim.

    It is difficult to have everything your way or the highway...you prevailed in the wrongful termination issue, now you want retraining for another job, but you are disabled under SSA rules... IMHO...dont' think I'd spend a lot of time pursuing this, it could cost more in the long run that what you've spent. use the Ticket To Work program through SSA... and earn the max you can...about $1000/mo without affecting your SSDI entitlement.

  6. #6
    Join Date
    Jul 2010
    Posts
    11

    Default Re: Needed

    Thank you for your comments. I addressed VC they ignored it. They now want to settle. This lien issue has come up to slow the process down. I will address the lien now in a hearing. I was reading various post in the forum that this lawyer has to address the cost of $2000.00 for six days of being my lawyer in 2008. I have worked this claim through reading various post and just got stumped by this issue I thought was addressed in 2008. BvIA will this effect my hearing the Judge set in June it is a Prehearing for the VC claim?

  7. #7
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,021

    Default Re: Needed

    You really should keep this claim in one thread.
    You aren't finding an atty to help at a hearing because you dont' want to let them represent you in the claim. You can't pay out of pocket for atty fees. That is a % of the award/settlement.
    . I addressed VC they ignored it.
    Don't know what you mean by "addressed VC"...
    As I said before, you should have had an VR award before you started any tech training...not all services are reimbursable in the WC system. Your training may not fit the criteria, this is just what you chose to do. I have to think that may be the underlying reason for dispute to VR.
    This lien issue has come up to slow the process down.
    No, you retained the services of this AA/Applicant Atty... then dismissed, thinking you would handle this on your own, and save the AA fees. In turn, the AA filed a lien for the 2K, whether that is 6 days, or 600, you agreed to the representation. If you read the retainer agreement, there may be provisions there for a mininum fee you owe if there is recovery/settlement in the claim.

    Message boards are not a substitute for valid legal advice...

  8. #8
    Join Date
    Jul 2010
    Posts
    11

    Default Re: Needed

    I never thought I would handle this on my own. I dismissed this AA because he never returned phone calls nor did I get a chance to meet this AA after numerous tries. It is set for a hearing and this AA has to justifty in this state his charges for $2000.00. It was three weeks of trying to talk with or meet this AA that got him dismissed. An adminstrative assistant is not an AA that is who I signed my with. Legal advisors with WC are a great help along with reading posts on this forum. Thanks for your responses BvIA.

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