Cut off payments...no income

[csmstreeter]

Hello: I need help. Over a year ago my 35 yr old daughter was injured on the job and diagnosed with 3 "bulging" disks, sacral displacement and related hip displacement. When taken from the job to a medical facility, she was told she had muscle strain and could return to work on light duty. She was referred to a specialist who did further investigation with a MRI and found the disks. He put her on light duty and her employer put her in Tire and Lube Express stocking shelves again. She was referred to another specialist who said this action caused re-injury and placed her out of work each 30 days he has seen her for the past 7 months. She is receiving therapy 3 times a week for the last 5 months with very little improvement in her loss of muscle mass. Despite the fact that she has a lawyer, the insurance carrier stopped her income benefits. After 5 months she was appointed a hearing, but 2 days before the hearing, the opposing lawyer canceled. Now she has to wait another 4-5 months for another hearing with no income at all and still cannot work. I have been trying to help her but am at the end of my rope! She is homeless, has lost her car and was denied public assistance. We are not satisfied with some of the decisions her lawyer has made, but no one else will take the case because he is so far into it. Can anyone help her!? Please!

[Still in Limbo]

Hi and Welcome to the Forum!! The Only Opinion I could Give is to stay on the Attorney You have, and tell them You want to request an Emergency Hearing to get Your Daughters Benefits reinstated. I have been in the System for Three Years, and the Defense has Continued My case 6 Times, sometimes these were unavoidable, other Times they were a Ploy to Aggravate Me. This System Runs Slowly, and the only way I can see any way to Speed it up is with an Emergency Hearing! Why did they Stop her Payments? How did they Notify Her of the Stoppage? And if You could Please give Us the State You are in, it may Help others to Help You with Your Situation. Best of Luck, and I Hope this Helps!!

[csmstreeter]

Still in Limbo Wrote:Hi and Welcome to the Forum!! The Only Opinion I could Give is to stay on the Attorney You have, and tell them You want to request an Emergency Hearing to get Your Daughters Benefits reinstated. I have been in the System for Three Years, and the Defense has Continued My case 6 Times, sometimes these were unavoidable, other Times they were a Ploy to Aggravate Me. This System Runs Slowly, and the only way I can see any way to Speed it up is with an Emergency Hearing! Why did they Stop her Payments? How did they Notify Her of the Stoppage? And if You could Please give Us the State You are in, it may Help others to Help You with Your Situation. Best of Luck, and I Hope this Helps!!

[Lilly]

Hi cms, welcome to the forum!!
I do not have any answers for you, but wanted to let you know that you and your daughter are definitely not alone in the games that WC plays. Was your daughter given written doctor restrictions prior to returning her to work? If so, what were they? If the employer put her in a situation where she had to go beyond her doctors restrictions....as long as they had a copy of them (restrictions), she could have rightfully refused to do anything that were beyond those restrictions. For example...if doc wrote restrictions of lifting no more than 5 pounds....they couldn't make her stack tires at work! She could have rightfully refused to do so.
Limbo has given you great advise...she needs an emergency hearing. Call the lawyer and get him off his behind!
Take care & good luck, Lilly

[csmstreeter]

Thank you for your advise. We live in South Carolina. They stopped her payments because in her first scheduled hearing, her lawyer advised her to sign a paper stating that she would return to work again. He said that because she had not seen the third doctor yet, they would make her go back to work again anyway even though the appointment was only one week away! He said they would be wasting their time going to the hearing. She was notified by mail that her payments would end, but her lawyer assured her that as soon as she saw the third doctor, her payments would be reinstated. However, they were not, and she has been living from the kindness of strangers and family ever since her last payment in March. Her doctor even went to the consultation a few days before the scheduled hearing in Oct. and told them there is no way she can work and that he would not release her do so. A couple of days later the hearing was canceled. Can we request and investigation with the Attorney Generals Office or something to help her outside of her attorneys help? There is obviously something very wrong with the W/C system in the way insurance carriers are allowed to exploit people and deny them their entitlements. They know they owe the money, but are refusing to pay the claim. Can the insurance company be sued for breach of contract? And what about the side effects this has caused. She is now being treated for depression and I am very concerned about her mental health if this continues too much longer.

[Lilly]

Hi.
Is your lawyer a cert workers comp lawyer?

WC can and does terrible things to people. There are no ramifications that I know of, that one can file to repremand them (sadly). Most everyone here has had the same or similar circumstances re:WC tactics.
Check back...as there are extremely knowledgable people here...and once they answer, you may be more enlightened.
Prayers for you & daughter are going up! Lilly

[csmstreeter]

Lilly Wrote:Hi.
Is your lawyer a cert workers comp lawyer?

WC can and does terrible things to people. There are no ramifications that I know of, that one can file to repremand them (sadly). Most everyone here has had the same or similar circumstances re:WC tactics.
Check back...as there are extremely knowledgable people here...and once they answer, you may be more enlightened.
Prayers for you & daughter are going up! Lilly

[csmstreeter]

Thank you all so much for your help and I hope to hear more from you all. I am so sorry that so many people are suffering. Insurance companies should be held accountable, but if there is no one to help with this, what is the point in paying for the insurance in the first place? We have to make our payments, but they don't have to make theirs. This is a travesty!

[Still in Limbo]

Some States allow Penalties and Interest to be Added to Late or non made Payments, when back Monies are reinstated. I would really consider Possibly trying to Find another Attorney to Help You with Your Case, it seems the One You have now isn't on the Ball. Even though it may be tough to find one, search, and Hopefully You will find one that actually Understands Your Situation! In the Mean Time, keep calling the One You have about setting up an Emergency Hearing, to get Your Daughter back the Benefits She Deserves! This System is tough, with many Pit Falls, and You have to Fight for just about everything, and You have to be Persistent! It's a shame to say, but sadly True, that You have to Fight every step of the Way! Best of Luck, and I Hope You can find an Attorney that Cares!!

[1171]

has she tried the food stamp program? Most local agencies have some sort or welfare program for those that are without income.
here's a list of resources to try:
http://www.sc.gov/Portal/Category/HEALTH...IALWELFARE

Has she contacted her union? they often can supply members with emergency assistance.
She should contact her church; they supply help to those who are out of work temporarily.
Does she need help with her medication?
http://www.ipsc.cc/
or
http://www.needymeds.com/
or help with health in general:
http://ask.hrsa.gov/pc/