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  1. #1
    Join Date
    Dec 2011
    Posts
    14

    Default Attorney Asap

    I may have acted to quickly in dismissing attorney one week ago. I have a URR due soon and have to hire attorney soon. Can I speak to several attorneys at once or one at a time til I feel I find a lawyer who can get correct settlement I need? I am on SSDI and only want correct settlement. I wish for continuing medical and if any monetary fund giving must be correct with SSDI formula. I feft last attorney not understanding and not willing to work this out for me. I feel lost and really hopeless and scared over this. Can I delay this URR on my own or do I need attorney to do. Really getting to much to handle.
    Also have received letter for Compromise and Release for lump sum settlement. over a month ago.
    Thank you for any advise and help.

  2. #2
    Join Date
    Dec 2007
    Location
    Tunkhannock, PA
    Posts
    1,264

    Default Re: Attorney Asap

    You can certainly contact other attorneys until you find one you are comfortable with.

    I am not sure what you mean by URR. Are you talking about a Petition to Review Utilization Review Determination? If so, there are timelines and although extensions may be granted, you will need to take action if you want to be successful in the Petition.

    As to settlement, many of my clients have difficulty understanding that settlement is voluntary, and the employer/carrier cannot be forced to offer anything. Therefore, although you may have a package in mind, if the employer/carrier does not agree, it is not going to happen. An attorney is helpful in obtaining the best deal possible, but that is not necessarily going to be what you feel you are entitled to.

    I am also unclear what you mean by by letter for Compromise and Release. Did you receive a settlement offer? Is there a hearing scheduled to settle your case?

    Regardless, I would strongly suggest you sit down with a workers' compensation attorney in your area to review your entire case which is the only way you are going to obtain truly helpful advise for your specific facts.
    Timothy D. Belt, Esquire
    Helping injured workers in Northeast Pennsylvania.
    belt-law@belt-law.com
    www.belt-law.com

    DISCLAIMER: This post is intended as general information applicable only to the state of Pennsylvania. The information given is based strictly upon the facts provided. This post is not intended to create an attorney client relationship, or to provide any specific guarantee of confidentiality.

  3. #3
    Join Date
    Oct 1971
    Posts
    4,997

    Default Re: Attorney Asap

    Seevega
    Can I speak to several attorneys at once or one at a time til I feel I find a lawyer who can get correct settlement I need?
    What is the correct "settlement that you need" and how did you arrive at that figure?
    You have things backwards - An attorney can get the max allowed by law and that's if the carrier agrees to accept, nothing more.
    If you're looking for an attorney to fight for "what you feel you need " you may be looking for a long time - That attorney doesn't exist, they are bound to what's allowed by law.

    The attorney you dismissed is still entitled to fees for the time spent on your case, the new lawyer will have to split the settlement accordingly. (you've gained nothing)
    Attorneys can only do what's possible by law, they can't meet unrealistic expectations or have clients who believe they can.
    Either listen to your lawyer or go it alone and chance losing it all - it's your call.

    Tony
    Moderator Responses are based on my personal bias, experience and research - They do not represent the views of the admin nor may be accepted in the legal community, always consult an attorney.

  4. #4
    Join Date
    Dec 2011
    Posts
    14

    Default Re: Attorney Asap

    Thank you for your reply.
    Received letter from WC stating to send a figure for settltement or they will proceed to get an independent medical review. I a few days later I received a letter for Utilization Review Request. I believe this is due to doctor asking for replacement of stim implant.
    Have been on WC for 18 years. Thanks for your help.

    Thanks Tony for your reply. You don't know the issues of my case. To infer that I am looking for a big pay off is wrong. I've been disabled for 18yrs. I had an attorney who refused to fight for me. I finally decided to let them go. That was a long and very difficult decision. I still feel upset I had to do this. The main issue is I do not want to settle and this attorney wanted nothing but to settle since day one. Lots of issue between us that you are not aware of. No ones knows my pain and anguish with this situation. I feel I did something wrong but had to be done for mostly my wife. Again thanks.

  5. #5
    Join Date
    Oct 1971
    Posts
    4,997

    Default Re: Attorney Asap

    Thanks Tony for your reply. You don't know the issues of my case. To infer that I am looking for a big pay off is wrong.
    I never inferred anything, you're the first one to do that in this statement - why so sensitive to the issue?
    I simply asked "What is the correct "settlement that you need" and how did you arrive at that figure?"
    I notice you didn't answer and dodged the question with an attack on me.

    Tony
    Moderator Responses are based on my personal bias, experience and research - They do not represent the views of the admin nor may be accepted in the legal community, always consult an attorney.

  6. #6
    Join Date
    Dec 2011
    Posts
    14

    Default Re: Attorney Asap

    Just to note here. I am on SSDI and trying to get correct payment to preserve monthly payments if I decide settlement is the only way to go. I made a very good salary before injury. Past lawyer would not help with this. I am nearing 65 yrs of age and understand the complication with this.
    An honest thanks to all for info.

    Tony not attacking you and don't understand you reply.

  7. #7
    Join Date
    Oct 1971
    Posts
    4,997

    Default Re: Attorney Asap

    Seevega
    Tony not attacking you and don't understand you reply.
    It's easy. You inferred you fired your attorney for not fighting for the "correct settlement I need"
    You then asked how to find an attorney who would do so.

    I simply asked what amount is the " correct settlement you need" and how did you arrive at that figure - I wasn't inferring anything, I was being serious.
    You still haven't stated the amount, if you can't do it - how's an attorney supposed to?
    Settlements are based on the facts of your claim, not what you feel is correct or what you need.

    Few claimants receive settlements that meet their expectations or what they need - Adjust your expectations accordingly to avoid a big let down.

    Tony
    Moderator Responses are based on my personal bias, experience and research - They do not represent the views of the admin nor may be accepted in the legal community, always consult an attorney.

  8. #8
    Join Date
    Dec 2011
    Posts
    14

    Default Re: Attorney Asap

    Thanks Tony.
    I understand what's going on. Not a lawyer or English teacher but do understand that wordings can have different meanings. I may have been wrong but I took you first reply as an issue with me. I am sorry for this.
    I am looking for no settlement but if I have to settle I wish that correct decision is made with SSDI. I posted many years ago when past attorney wanted to settle and the issue with disability payments came up. I asked attorney about this and as usual I was berated for bringing this up and always felt less than when dealing with this person. Again the issue came up after receiving letter for Compromise and Release. I said no to settlement and was met with anger. Pleaded my concerns to attorney and after some time all seem resolved. Then they admitted they have not looked at my records. Had to end meeting. I was so upset and dejected. I talk to wive. Contacted some web sites about this. Split 50/50. Release and get new attorney or stay the course because of years of case. Tony I really thought about this and came to decision that this attorney was not the right lawyer to go to court with. I still feel I did something wrong but must go on. I hope this is a better understanding. I also know the consequences of this decision.


    From Tony:
    "Few claimants receive settlements that meet their expectations or what they need - Adjust your expectations accordingly to avoid a big let down."
    I understand this more than most injured on WC. I also know that this is not a quick get rich system.
    Thanks for you help and hope its a better understanding. I have more to say and ask but meds are kicking in and I'll get stupid.

  9. #9
    Join Date
    Dec 2007
    Location
    Tunkhannock, PA
    Posts
    1,264

    Default Re: Attorney Asap

    If I am not mistaken, your full retirement age is 66 and 2 months. At that point your SSDI will convert to SS retirement. What that means is that any decrease from a WC settlement would end. However, if you have not settled your case by that point, your workers' compensation check will be reduced based upon a credit equal to 50% of your SS retirement payment. Therefore, it may be financially beneficial for you to settle your case before you reach full retirement age. Again, this is something you should discuss with a local workers' compensation attorney after informing them of all the facts in your matter.
    Timothy D. Belt, Esquire
    Helping injured workers in Northeast Pennsylvania.
    belt-law@belt-law.com
    www.belt-law.com

    DISCLAIMER: This post is intended as general information applicable only to the state of Pennsylvania. The information given is based strictly upon the facts provided. This post is not intended to create an attorney client relationship, or to provide any specific guarantee of confidentiality.

  10. #10
    Join Date
    Dec 2011
    Posts
    14

    Default Re: Attorney Asap

    Thank you Mr. Belt for you response. I am in total meltdown. Had attorney ready but personal issues keep them from taking case. Its been 3 weeks since I dismissed former attorney. I have letter for Utilization Review Request and letter that ask for me to make a settlement amount or I go to I believe IME. Time is running out. I feel I should contact WC case officer and let know what is going on. Can I get some input if this OK til I get new attorney. Waiting for others to contact me but so far very slow. As I've stated this was a possible mistake but there where many issues former attorney that I will not discuss. Thanks for any input.

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