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  1. #21
    Join Date
    May 2011
    Posts
    55

    Default Re: What Next

    Thank you for all the responses and the information. Here's the latest. I received an injection last month that didn't work. The IC set me up with a second injection as this one will deaden the nerve that's causing me the pain in my hip. However, no one seems to think this is a good idea since I don't know what the side effects will be. The IC even called yesterday and asked if I was 100% sure this is what I wanted to do. They even gave me until Monday to think it over. (The injection is Tuesday). After further investigation, I've decided to just forget about it. I guess they want to get to settlement. I've been dealing with them for 2 and a half years now. With that being said, will there be any drawbacks from me refusing the injection at settlement?

  2. #22
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    17,943

    Default Re: What Next

    Sometimes it takes 2 or 3 injections to be effective.
    No one can predict with any certainty what the side affects will be, if any.
    If you refuse treatment recommended...by your Dr, not the IC, you could see your benefits affected. Not about settlement, it's about treatment reasonably expected to 'cure or releive from the effects of your injury"... talk to your Dr about what is best treatment, not the CA/Claims Adjuster.

    Also, talk to your atty before making any decisions about settlement of this claim.

  3. #23
    Join Date
    May 2011
    Posts
    55

    Default Re: What Next

    They put me at MMI back on Nov. 7th. But I had complications from surgery. Hence the extra injections. My weekly payments stopped back in November. So I don't have that to worry about. But thanks, I will call my atty. Monday morning and ask them what they think.

  4. #24
    Join Date
    May 2011
    Posts
    55

    Default Re: What Next

    I had the injections on Tuesday. I called my attorney and he said that now it's time to get me some money in my pocket. However, the SIF would take a while. I thought we had to do it all at once. I didn't actually speak with him, but with his paralegal. So any direct questions would have to be directed to him. And of course, he wasn't available. So can you explain about the two different settlements? Or is it just one broken down into two separate parts? Thank you again for all your help.

  5. #25
    Join Date
    Oct 2006
    Posts
    9,078

    Default Re: What Next

    http://lwd.dol.state.nj.us/labor/wc/...t/faq.html#SIF
    settlements can be done at the same time or separately.
    you can settle one and not the other.

  6. #26
    Join Date
    May 2011
    Posts
    55

    Default Re: What Next

    Thanks SH.

  7. #27
    Join Date
    May 2011
    Posts
    55

    Default Re: What Next

    I have received my date with the court concerning social security. It's scheduled for October. Will there be any conflict of interest with my WC settlement if the settlement comes after SS?

  8. #28
    Join Date
    Jan 2007
    Location
    PA, but worked in NJ
    Posts
    821

    Default Re: What Next

    Hi Mango, I can help you with the details of settlements concerning SS and SIF.

    It is more appropriate to get your SS award first as you must establish permanent and total disability before you can win a SIF award. Once you get your SS award your WC case is settled and CLOSED!! The only monies you receive from WC is the TTD that you received during your medical care with WC.

    Hopefully your lawyer will try to get your an attorney advisory decision on your SS case as this will get you approved without the hearing. SS prefers this as it saves them the cost of the hearing when it is obvious your lawyer has established your disability as meeting the requirements.

    Once you get SS you need to understand that SIF is NOT considered NJWC. Lets see what happens with your SS case first before we begin assuming SIF will also be a winner. Both cases are difficult to establish and any lawyer who can win both is a great lawyer. WHen you win you SS case I will be happy to explain the rest. I am sure your lawyer will also tell you the same thing I will, but its always reassuring to hear it from 2 sources.

    Just for the FYI NJ is a reverse offset state, which means you keep all of your SS monthly benefit then NJ will offset your SIF by the amount of your SS monthly benefit. SS does NOT need to concern themselves with your SIF as this is not WC and NJ is a reverse offset state. Once we know for sure you have SS I will give you some excellent advise on how you need to proceed to avoid hang ups that many cause themselves because they don't get direction from their lawyer or they simply don't understand the system.

    Good luck with your up coming hearing,

    BUG

    PS

    No you will NOT have any draw backs from not getting the injection. I think you may be mistaken that this injection will "deaden" the nerve cause if it did you shouldn't be able to walk if your nerve is dead. Do you know exactly what this type of injection was called?? That would be helpful to know, but in any event this injection is NOT curative, it is palliative at best, therefore will not have impact on your case settlement(s)

  9. #29
    Join Date
    May 2011
    Posts
    55

    Default Re: What Next

    Thanks Bug. I have found out the hard way that the injection didn't do anything for me but caused me extreme pain and I couldn't walk for about a week. The pain is still there. Even a bit worse now. I am past the point of where the medicine should have been working. Oh we'll, I see him on Tuesday. I'll tell him I'm done with it and I will move on. My atty says ill have to go back to the permancy dr again since I had this issue with my hip. Then we will work on settlement. Hopefully, my lawyers will work hand in hand concerning my SS case. They share an office btw. So getting my records in order should not be a problem. So I'll keep you posted on the happenings of my case. And once again, thanks for all the insight.

  10. #30
    Join Date
    Jan 2007
    Location
    PA, but worked in NJ
    Posts
    821

    Default Re: What Next

    Hey Mango,

    We all have learned the hard way, and sometimes thats the best way, even if we dont see it that way while we are learning, but in the end you will see as I. I had same results with all of the injections, they all put me to bed for about 1 week then I resume my normal pain, however as far as SS sees this we should be willing to do ANYTHING remotely reasonable to help us with our pain. It looks better when a claimant tries all reasonable treatments to lower their suffering, because when one doesnt it leaves the appearance that the claimants pain is exaggerated, and or malingering. Your FCE exam covers this area if you have your report look it over to see what it says.
    Even though your claim for total disability and SIF are related to same injury, they are 2 separate actions decided by 2 separate organizations. The only relation is used by the SIF to force the claimant to use their own SS disability insurance which lowers the liability of the SIF. The part I dont like is the employer is completely off the hook for care of palliative care. I know for myself my personal ins has paid out over 1 million dollars for 3 back surgeries and (palliative drugs costing about 5000 a month) over the past 15 yrs. I had to pay high deductibles and co pays myself and that seems unfair when all my employer had to do was stop interfering with my corrective care, but NJWC allows this so whats a guy to do??
    You must take a pro active stand in your quest for SSDI and SIF benefits as no one has more at stake in this than you!!!! SO replace the word “hopefully” with “they will” work hand in hand to get you your benefits. Because you know they will because you will be all over them like stink on NJWC. Make sure you have a full copy of all your medical records. As there will be MUCH more after you win your SSDI decision. You most likely will see countless “ state experts” who examine all SIF claimants before they are approved. Many are shrinks who specialize in how an everyday worker deals with the change of living with total disability. They do this because pain is subjective.
    You are very welcome and if I can be of any help I will as I know how it feels to tackle this HUGE issue alone! GOOD LUCK

    BUG

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