Judge decided on PPD percent now what?

[hurting in ca]

My attorney went to court and the judge has found me to have a 54% permanent partial disability rate. However, I have not received an offer yet. My attorney told me that the insurance company is "eager to settle" but nothing yet. My attorney has sent a letter regarding settlement to them also.

At this stage, how long can the insurance company wait before making an offer?

Also, considering my old company did not offer me any other position and I am receiving SSDI, how much can I expect? I also have to be retrained, and my condition can only be managed and not cured.

I am in desperate need of money and would like some idea as to when and how much can I expect my settlement to be?

[jayne]

you being "desperate" translate into a lower settlement for the insurance company if you are not careful....if the insurance company is indeed eager it wont be long and you never accept the first offer and sometimes not the second you listen to your lawyer.....and you let him do his job. That money is going to be "offset out of your SSDI anyhow so you arent going to gain a whole lot if your lawyer doesnt do the paperwork right you might even lose your SSDI.having a check in your hand is still a month or 2 or year down the road but you should start getting your PPD checks

[1171]

as long as they are providing benefits regular ( PD payments & treatment) they are not required to buyout your claim.
your ppd rate will be increased 15% with no modified work offer and you can receive $10K training voucher.
while PPD can be precisely calculated there is no way guess your future medical needs or costs. you and your doctors might be able to guess an estimate of your medical costs.

you have to remember that time passes differently for you and them.
when you are not workings and in pain days and weeks seem like forever.
for them 6 months can be a rush settlement.

[hurting in ca]

I received payments when I first became disabled but the payments stopped at some point because they said, they had paid based on the doctor's rating. I have not been getting paid for at least a year now. My case has been going on for the last 3 years...

I'm hanging on to the words my attorney said about them being eager to settle the case at the hearing with the judge. I am close to becoming homeless if I don't get something soon. :-(

[hurting in ca]

I received payments when I first became disabled but the payments stopped at some point because they said, they had paid based on the doctor's rating. I have not been getting paid for at least a year now. My case has been going on for the last 3 years...

I'm hanging on to the words my attorney said about them being eager to settle the case at the hearing with the judge. I am close to becoming homeless if I don't get something soon. :-(

[LeglEgl]

"Eager" doesn't necessarily equate to "in a hurry". As said before, you should be receiving PPD payments (which are usually less than the TTD). If not, your attorney needs to get on this.

Those benefits would still be subject to an offset by SSDI (you cannot draw more than a total of 80% of your AWW).

If you're drawing SSDI now, at least you have SOME income. You may be eligible for other related services, such as Medicaid (through your State), EBT (food stamps), etc, based on the level of your SSDI benefits.

Right now, as it stands, the IC doesn't EVER have to "settle" the claim, but rather just pay the periodic benefits you are due.

[hurting in ca]

Thanks I will try to get a hold of my attorney on Monday, I hope I'm still eligible for PPD. I have a feeling that the money they paid me in the first year is the same. I have to go dig up my papers!

BTW my attorney did ask them for an advance last Monday, but we haven't heard anything yet. This is very frustrating.

[1171]

they have 30 days from the date of the judges written award and order on PD to begin paying any outstanding PD or file an appeal; otherwise penalties can be ordered.
there is no "advance" when there has been an award issued.

unless there is likelihood of significant future medical expenses they are not likely to settle after a court decision.

you have to file again for a court date to get penalties.

try filing for unemployment.

[hurting in ca]

When I last talked to my attorney and asked for the advance, he said "there shouldn't be a problem". I don't know if he was saying that to make me feel better or what?

But I did find out that the attorny's office did not mail the request until last Friday even though the girl who works there said they mailed it on Monday! The letter is dated Dec 8th. That gave me a little bit of hope.

I guess I have to wait and see. Also unfortunately, unemployment is not allowed when you get SSDI and haven't worked for a few years...

(12-11-2011 03:02 PM)1171 Wrote:  they have 30 days from the date of the judges written award and order on PD to begin paying any outstanding PD or file an appeal; otherwise penalties can be ordered.
there is no "advance" when there has been an award issued.

unless there is likelihood of significant future medical expenses they are not likely to settle after a court decision.

you have to file again for a court date to get penalties.

try filing for unemployment.