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  1. #1
    Join Date
    Jan 2023
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    5

    Default Beginning to Close Case

    Ive been on comp since around 9/2019. I recently had an ime that put me at 25% and my two doctors have me 100% because im not fully healed. I had a hearing, and my payments will basically be cut. I can admit im not fully healed, so I've decided to go ahead and close the case. My attorney sent out the final evaluation request, but I was informed that my work force (mta) doesn't do section 32, and that I may not get a settlement because I was out for a while, and they may ask for the money back that I was paid while being out. My question is, if my work doesn't do section 32, what do they do? I've asked my attorney and all she can say is "whatever the judge tells them" which isn't a clear answer, and also if they dont pay settlements would it be beneficial to close the case if Im not 100 percent healed. Im really closing it because I cant afford to live off what they cut me down to, but im also not cleared to work yet.

  2. #2
    Join Date
    Oct 1971
    Posts
    5,332

    Default Re: Beginning to Close Case

    KingCarti
    I recently had an ime that put me at 25% and my two doctors have me 100% because im not fully healed.
    That's not your final rating, that just your doctors saying you're still temporary totally disabled.

    I was out for a while, and they may ask for the money back that I was paid while being out.
    They aren't entitled to money paid out while you where on TTD - They can't recover that money from your final settlement.

    My question is, if my work doesn't do section 32, what do they do?
    They pay out your claim in payments based on your final rating when you reach MMI.
    There is no rule mandating them to settle in a lump sum.

    If your doctors still have you totally disabled, there shouldn't be a reduction in your payments.
    Not sure of what type of hearing you had that determined your payments should be reduced but your attorney should be filing an appeal based on your doctor's opinion.

    What type of injury?

    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.

  3. #3
    Join Date
    Jan 2023
    Posts
    5

    Default Re: Beginning to Close Case

    It was a labrum slap tear. It just made a year since i had my surgery. He told me they were going to make it lower to $119, but he was able to get to $350. The hearing was about them sending me a retroactive check that they owed my for not raising my payments when i had my surgery. They never paid it and had to pay a penalty because the judge ordered them to pay back in September, between then and now i had an ime and they put me at 25%, so during the hearing for the retroactive check, my attorney brought up the one asking to disregard based on the doctors.

  4. #4
    Join Date
    Oct 1971
    Posts
    5,332

    Default Re: Beginning to Close Case

    The goal is to stay on TTD for as long as possible, don't rush to settle your claim.

    Be patient as long as your doctors haven't found you've reached MMI, don't push it.
    Once you reach MMI you'll receive a rating based on what the IME says and what your doctors say - you'll then receive a certain amount of weeks of PPD (Permanent Partial Disability) based on that rating.

    Be patient and follow your attorneys advise -again, don't push to close your claim, you have nothing to gain.

    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.

  5. #5
    Join Date
    Jan 2023
    Posts
    5

    Default Re: Beginning to Close Case

    Yea they havenít found me to reach MMI, but they payments they currently have me now i canít possibly live on. They even advised me to try to get social security but i know i wonít. They already sent the permanent papers to my doctors to do the final evaluation. Iím really closing due to the fact my payments lowered to $700 a month.

  6. #6
    Join Date
    Oct 1971
    Posts
    5,332

    Default Re: Beginning to Close Case

    They even advised me to try to get social security
    Who's "they"
    If you have a disability that will last longer than a year and you meet the definition of disability you should apply.

    What We Mean by Disability
    The definition of disability under Social Security is different than other programs. We pay only for total disability. No benefits are payable for partial disability or for short-term disability.
    We consider you to have a qualifying disability under our rules if all the following are true:

    *You cannot do work and engage in substantial gainful activity (SGA) because of your medical condition.
    *You cannot do work you did previously or adjust to other work because of your medical condition.
    *Your condition has lasted or is expected to last for at least 1 year or to result in death.
    https://www.ssa.gov/benefits/disability/qualify.html

    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.

  7. #7
    Join Date
    Jan 2023
    Posts
    5

    Default Re: Beginning to Close Case

    They is my attorney

  8. #8
    Join Date
    Oct 1971
    Posts
    5,332

    Default Re: Beginning to Close Case

    Quote Quoting KingCarti View Post
    They is my attorney
    Then file.
    You can collect SSDI and Worker Compensation at the same time.

    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.

  9. #9
    Join Date
    Jan 2023
    Posts
    5

    Default Re: Beginning to Close Case

    Iíll try, Attorney also said i may get denied because Iím 32. Thanks for the information

    Iíll see if i can stop the final evaluation and wait till Iím on MMI

  10. #10
    Join Date
    May 2010
    Posts
    668

    Default Re: Beginning to Close Case

    Quote Quoting KingCarti View Post
    I’ll try, Attorney also said i may get denied because I’m 32. Thanks for the information

    I’ll see if i can stop the final evaluation and wait till I’m on MMI
    It shouldnt matter on age. I was 44 when I qualified. Its more about being disabled. Now mine was over 16 years ago, I got it first try in about 4 months. But it can take years

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