Court Date Near

[karenrae]

Good Afternoon Everyone and Happy New Year. I am happy that this forum is here, everyone has been very helpful with questions and concerns i've had. Now i would like to ask for peoples opinions. This is my second court hearing with a different attorney. 1st time around the Ins Co offered $5.000.00 and all back medical paid, of course that was shot down like a bird in the sky. Now this second hearing is in Febuary. I was given a 10% rating for the Laminectomy fusion L-5 S-1 with permanent nerve damge to the Siatica Nerve. I have tried to do some research around the forum and I am still unsure of how the settlements go.
1- I am on SSDI. Was deemed 100% disabled
2- I know there will be a MSA
3- I just had my 2nd Rehab Vocational Phone Interview with a Lady that was hired by the Ins.
4- I was honest about everything.

Now a couple of questions.
How do they figure out the settlement amount? I have not received any sort of benefits since March of 2005. Can the Judge re-instate medical and TTD payments and if so does the Ins have to go back to the date of when they stopped all benefits? How does the TTD payments affect the settlement amount? All treatments after March of 2005 have been covered by medicaid and when I was approved for SSDI Medicare began picking up the bill. Everything that Meicaid and Medicare paid for does that come out of the settlement or is that a seperate re-payment by the Ins Co? I know my Attorney works for ME and not the other way around. I meet with my attorney a few hrs before court should I have a porposal ready for what I will settle for? Now this next question may be the same as one of the above but is TTD part of any settlement that is awarded?
I can not believe how hard it is to get a simple job that are within my restrictions. When I spoke with the Vocab Specialist she was kind of shocked that I have not enrolled in any sort of work program or retraining program. So I explained to her that in the paper work that i have and She had also that Iwas still unable to work due to 2nd injury. Sorry to have rambled on and on.. Karen

[Still in Limbo]

I Tried to Read Your Thread Thoroughly, and I didn't seem to See the State You are in, that has a Lot to do with any Answers that May be Given. As far as SSDI Goes, if They give You back TTD Pay to '05, and You have been being Paid Throughout this Time by SSDI, You are going to Owe Them Back Monies Paid. It May not be the whole Amount, because Depending on the State You May be Awarded Interest and Penalty Monies due to Non-Payment since '05. As far as any Medical Paid By Medicaid or Medicare Directly Attributed to Your Injury will have to be Paid Back by the Ins. Co. Now as Far as Settlement, that is an Issue between You and Your Attorney, Disabled by SSDI doesn't Automatically Mean Disabled in the w/c System, they Use a Totally Different Set of Guidelines in Each System. I Hope this has Helped a Bit, and Your Attorney will Probably Cover These Issues with You before Your Hearing. I have been to 14 Hearings, with another Coming in Feb., and I Wish You the Very Best!!

[karenrae]

hi StillInLimbo. Thank you for the input. My case is out of Wisconsin. WOW 14 hearings that is an aweful lot to go threw I wish you the very best as well. Ok I will do some more research cuz I dont understand why I would have to Owe SSDI anything. My SSDi case was approved in 2008 and back paid to middle of 2005. WC is such a mystery at times.

[Lilly]

Hi Karenrae,
I'm in Michigan....I am receiving SSD AND WC payments at the same time. My SSD is offset (meaning I don't get the full amount of what I should get) because I am also receiving TPD. The two payments combined, may not exceed 80% of your previous working pay. This is why you may owe SSDI

Good luck, Lilly

[karenrae]

Lilly thank you for clarifing things.. i will look more into it..