1171

[chrischris]

Hi 1171, It's been awhile. Hope all is well in your world. I'm doing ok. Some days better than others. Trying to step back and look situations over before jumping to conclusions.

Question: Once a demand letter is sent, and no response is given by I/C, is a month long enough to wait to send a "second request"?

If "second request" is ignored, what should I be asking attorney to do?

Demand was professional, with no unreasonable requests in order to settle as peacefully as possible.

What does a C/A look for in a demand letter or what might make him/her ignore it? I'm not sure what exactly I am asking so I hope you can read between the lines.

Thanks!

[1171]

I'm doing well, thankx.
my back started acting up again--too many summer projects.

hard to tell; carriers/ adjusters are all so different.
could either be to get you more desperate and therefore more willing to take a lowball offer or more likely
just too busy to workup the file and respond.
second request is not likely to get any response either.
no answer is a pretty clear "NOT INTERESTED."

actions speak louder then words:
having a court date will get their atty to push for a settlement--attys hate wasting time at the board
or
get yourself hospitalized and stay there until they answer. it's a form of green mail but there is nothing like "spinning the meter" to get their attention.

constant requests for surgery, and high priced tests/treatment can also work but
the easiest is to get a court date.

do you have all your ratings?
do you have good idea of what you are willing to take?
sounds like you are wanting to cash out rather then using the open medical?

[chrischris]

Sorry about your back. Take care of it before it gets worse!

I was made MMI and rated on both physical and psyche.

Yes, I know what the settlement should be and am asking no more and no less. C&R with FM buyout requested, but I am SSDI, so MSA has to be included.

Open medical would be ok with me also.

Don't want to be hospitalized or have any more surgery and I hope you were kidding.

Also not desperate.

Willing to go to court, but it would be nice to have a peaceful settlement. LOL! Pinch me quick -- am I dreaming?

Thanks again, and cut down on those projects for awhile!

[1171]

you don't have to go to court...
you have to have a court date.
there is a difference.
as the date gets closer there will be activity to avoid it
it could be a counter offer.

if you are just as comfortable with periodic PD payments and open medical then it's much simpler just to let things continue until there is an issue. no MSA involved
they should be making PD payments now and your open medical should continue.
little changes after an Award

[chrischris]

Thanks again 1171. I just put some of your advice into action.

[1171]

Be well...

[chrischris]

Informal meeting has been scheduled in defense attorney's office, and paperwork was received from Allsup to gather info for WCMSA.

Is an "informal" meeting good?

Also, every quarter I submit mileage claim forms for both physical and psyche claims. Psyche is never paid, and now in arrears about $5,000. This quarter thru Sept. 30 was the first time my mileage claim was "fully" paid. Could possibly have been an oversight, but I'm also hopeful this is a good sign.

Thoughts or insights?

Thanks!

[1171]

yes, an informal meeting is good. you can check off what has been done and agree as to what and who needs to do the next things.
if there are problems & issues like the mileage, the sooner they are discussed the better.
before the meeting ends you should schedule the next to check progress.
sounds good.