From California: When do I begin to receive benefits?

[seekinginfo]

From California:

A QME has been completed 2 months ago. I have an attorney, but I can not obtain any detail info from their office about when benefits begin.

The QME was completed April 21st, I was rated 47% disabled. My attorney did say I should receive 3 years benefits and begin treatments. I became disabled since April 2007 and now on SSDI.

Is it normal to wait this long for the monthly income to begin? I tried to contact my attorney's office, but the receptionist said what shows on my case via the computer is the attorney scheduled a deposition with the QME doctor for August 20th.

Would this stop monthly benefits? What is the next step after the QME is completed?

[1171]

generally the atty wants a lumpsum buy out rather then periodic payments and open medical.
the only way to push for benefits is get a court date.
yes if the QME retracted his opinion.

[seekinginfo]

Thank you for your reply-that does help..

[1171]

you can find out more about california's QME process here
http://www.dir.ca.gov/dwc/FactSheets/FactSheet_E.pdf

[seekinginfo]

I do not think the QME will retract his opinion, but this doctor stated in his report that I "reached maximum medical improvement," but yet he approves Botox injections and surgery? This part needs to be clarified. How can someone reach maximum medical improvement when the same doctor states in the next paragraph for further medical treatment is needed? It makes no sense to me.

Can we still go to court to receive benefits while this is all sorted out? The bottomline is we have 4 doctors who all agree that I have a work related disability.

[1171]

not all treatment is curative.
treatment that allows patient to maintain a level of functioning may still be given even though further improvement is not expected.

surgery is rarely palliative and you are correct to see a contradiction.
yes, you can bring evidence to the judge to resolve an issue without resolving the entire case.
sounds like you have a strong and need court date.