This claim in NY
I was put out of work in April 2011, originally was on my jobs disability Ic, until diagnosed with work related injuries.
WC Ic quickly denied claim, and my job put me back on disability Ic for payments, with my job, wether its occupational or non occupation, you get your check for up to six months as long as claim is active , disability or workmans comp. right after our hearing in Sept 2011, I was notified by my jobs disability Ic that this was work related and that WC Ic would be paying me, this did not happen, they were still stalling, saying controverted evidence , no money, I went for about 7 weeks no payments till depos in October, we won in December, everything established, treatment to all sites all the WC jargon, we went to court again for compensation in February , and got maximum pay, all won, workmans comp Ic paid back my job all money and I got the difference between disability and workmans compensation pay through my job, ALL IS GOOD, the decision read that up until October 2011 all paid, after this date everything will be held in abeyance, since then I had an IME that stated diagnoses, the Docter said I had marked disability light duty, but I needed an ACDF SURGERY because I was getting no relief, I stated this to IME Docter and gave him my docters notes information to go with IME report, he amended his report to recommend that I needed this surgery, and it was reasonable. My Doctor put in for the surgery and was approved quickley for surgery and bone stimulater, I had surgery on June 1 2012. Now we are going back to court soon to collect back workmans comp payments up till now which will be paid back to my company's disability Ic, because since they stopped payments to me from last September, I have signed a subrogation agreement through them, so they can continue monthly checks. I have filed for SSDI, whether or not I pursue this SSDI is a question mark because I do want to get back to work sometime, the ACDF will take time to heal. What i want to know is that when I do have this hearing and settle up monies up to now can we compel Sedgwick to start paying me directly so I can get off of the subrogation agreement through the disability Ic ?, I am paying tax on this money and I have to declare all money to govt. and if I am denied SSDI can my company's Ic stop my payments even though they know this is a subrogation agreement against workmans compensation. I know my company's disabilitys criteria of being disabled is one or more parts that keep you from doing your job about 20 percent or more
I have talked to my attorney already, I would like the forum to weigh in thank you!
Sorry for the long book