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Resolved Question: California Worker's Comp/UEF case settled via C & R. Do I still have a civil remedy available to me?
(Thu, 04 Mar 2010 06:07:55 GMT)
The California Worker's Comp case I was involved in was actually both a Worker's Comp AND an Uninsured Employer's Fund case (boss didn't have insurance when I was injured). So, after just shy of three years of BS with the Worker's Comp and Uninsured Employer's Trust departments of the California government, I "capitulated," and signed a Compromise and Release to settle my case. Because it was an Uninsured Employer's Trust case, my case never became an "accepted case" until right before it was settled. That meant I did not receive ANY subsistence pay for THREE YEARS. No retraining possible due to advanced degree and physical status. My attorney left any civil options open-ended, subject to the statute of limitations, I would imagine. My question is - do I have a case for pain and suffering? Or some other civil remedy? What I mean is this: I recently got Social Security Disability, and the Social Security judge, in his ruling, took my *date of disability* back to my *date of injury* (the one that generated the worker's comp/UEF bull, and the one for which my former boss wasn't insured). Wasn't exactly sure why he would do that, unless it was to facilitate my further legal recourse (?) against my former boss. I'm on a bunch of pills everyday so I can function "without pain" (right), and the only good thing I can say about the "settlement" from the State of California''s many Departments and Divisions that became involved is that it is finally OVER. I was treated poorly. And am interested in pursuing it to any further conclusion possible against my former boss. Any input or insight would be gratefully received. Failing that, I'd like the name of a TOTAL PITBULL of an accident attorney in the Sacramento, California area. Thanks. Hmmm....I guess I need to elucidate further, although I attempted to sort of glaze over the harsh reality of it all. Here's the crux of my question: My (former) boss BROKE THE LAW by not having the required worker's comp insurance. And because he broke the law, I was unable to receive much-needed medical attention. I had the County Medical Service Plan (my doctor wouldn't return me to work and I had no $ coming in). I was grateful for what I was given, but that doesn't relieve the pain that I am under constantly, that might have been relieved if I had been afforded the appropriate medical care. In my C & R, where it says no further worker's comp issues would remain for litigation. But my lawyer inserted verbage that EXCLUDED "...L.C. 132a, and any potential civil claims" from the C & R. So I guess I should ring up an attorney. To those of you that were badly treated by "The System," the stats are against usl. Numbers don't lie. I'd still like a TOTAL PITBULL'S number. ;
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Resolved Question: If you got into an auto accident?
(Mon, 01 Mar 2010 22:23:35 GMT)
You got into an auto accident and no one got a ticket but, you used someones car, there was no insurance, and that person was legally disabled. The state sent them a letter saying they had to turn in their license and tags. The person filed an appeal and the state did not take the license or tags but, the person with the disability cannot renew their tags due to the accident that the other person had in her car. That person needs the vehicle for Doctor's appointments for her and her Mother who has MS. They live in a small town where there is no public transportation and no one to transport them. Is there any exemption for that person so she can get the tags for her vehicle? She is on SSi and cannot afford an attorney and legal aide said they do not handle cases like that. The insurance company totaled the other persons vehicle when it only had a dent in the rear passengers door for $10,000.00. I have searched the web all day and cannot find a thing. I live in Texas but, she lives in Iowa. Legal advice would sure be appreciated. I don't know how to help her. Thanks. She didn't have insurance becaue the car had a mechanical problem and she could not afford, at the time, to repair it. So, in order not to pay insurance for the car that didn't work and was sitting, she let it lapse. She has a van she can use. Now, she cannot get tags for either one of them.
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Resolved Question: Who knows anything about getting social security disability insurance for mental problems?
(Mon, 15 Feb 2010 23:38:24 GMT)
I was diagnosed with BP1 about a year and a half ago, but none of the meds are helping.My psychiatrist recommended that I get on ssdi.I have heard how hard it is to get.Can anyone tell me what to expect.I don't know if I shoul get an attorney or what to do.Any advice would be greatly appreciated.
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Voting Question: What kind of settlement do you think I might get from getting hit by a car in the Parking lot ?
(Thu, 21 Jan 2010 05:27:34 GMT)
I got hit in the Walmart Parking Lot and dont remember what happen to me , I got uncausious. I have Medical prombles,I had a Kidney Transplant when I was 5 Years Old and I have a disability. I got a good Attorney and they got name of the person that hit me and the insurance company.My Attorney saw the Walmart Parking lot video clip and She said wow from looking at the Walmart Parking lot video clip When I got hit hard.Im going to Physical therapy for my back and right knee,I got a bruce on my right knee. I went to the ER 2 days and my shoulder Begin bugin me and they say I have Muscles Spasem Please Help Me God Bless !!!
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Resolved Question: Should I file for bankruptcy? Do I really have another option?
(Tue, 19 Jan 2010 18:44:11 GMT)
Right now my husband and I are living on his income and private disability through my previous job. We are just making it. My disability runs out in July. I have been rejected for social security disability, which is really common for your 1st attempt in Michigan. I have an attorney to appeal, but I found out that it takes 2 years. This means in 6 months our income after tax will be anywhere from $1,500 to $1,800 per month. Our student loans, car payments, insurance, healthcare, tools for husband's job and medication add up to $1150 a month. Our rent is around $700. Once you add our credit card debt, which is $300 a month, we owe $2,150 a month. THIS DOESN'T INCLUDE FOOD, GAS, OR DAILY NECESSITIES! I do not see another option than bankruptcy. Personally,I am most afraid that if we do declare bankruptcy I will lose my wedding ring. It was paid for on one of the credit cards with the highest balance, or I would try to pay that one off right away. I paid $2,700 for it. Anyone had any experiences with this, who can share some of the benefits and drawbacks? Can I declare bankruptcy without effecting my husband? Although, I appreciate money-saving tips, the bottom line is that our bills alone are more than our income, without including groceries, entertainment, etc. Of course there are things we could cut down on, that's why I have only given information as to what we have to pay every month. We are looking for a cheaper place, but $700 includes all utilities. This is a standard rate in our area for 2 people. Public transit is so limited that it is not a realistic option where we live, unfortunately. As far as my health costs. I have written that I am on disability so I don't I really need to explain those. Those are my out of pocket costs after insurance which I included when calculating our net income.
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Resolved Question: What kind of settlement do you think I might get from getting hit by a car walking in the Parking lot ?
(Fri, 15 Jan 2010 20:50:00 GMT)
I got hit in the Walmart Parking Lot and dont remember what happen to me , I got uncausious. I have Medical prombles,I had a Kidney Transplant when I was 5 Years Old and I have a disability. I got a good Attorney and they got name of the person that hit me and the insurance company.My Attorney saw the Walmart Parking lot video clip and She said wow from looking at the Walmart Parking lot video clip When I got hit hard.Im going to Physical therapy for my back and right knee,I got a bruce on my right knee. I went to the ER 2 days and my shoulder Begin bugin me and they say I have Muscles Spasem Please Help Me God Bless !!!
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Voting Question: All Legal opinions welcome?
(Tue, 12 Jan 2010 02:45:53 GMT)
...to sue...or not to sue....that is the question. Well let me start off by telling you a little about me, I am or was a security guard for a very popular security company. I was contracted to provide security for this Winery near my house. Well during one of my patrols at night I had seen this puddle of grape juice, which I mistook for just a surface puddle.What it actually turned out to be was a very deep drain hole in which some Genius had taken the cover off of to let that juice drain faster.There were no cones put up no or any warning tape of any type so me, I just happened to step right in it and came down very hard on my right leg and cracked a disk in my lower back.I immediately knew I was messed up. I let the night time supervisor know about it and made an incident report and faxed it to my company.I came back to work expecting to hear back from my company and didn't hear back from them until 3 days after the fact. in the mean time I was working with a cracked disk in my lower back, my hips were off tilt and I was dragging my right leg behind me.The actual security Liaison that works for the Winery saw how I was walking and insisted I call the security company and let them know how bad I was or else she would. I did and was put on disability from the security companies doctor with approval from the companies insurance company.In the mean time The security company has been treating me like the bad guy even though I am/was legitimately injured "ON THE JOB" and they gave me a hard time the whole time. they paid for all the medical which all they did was give me pain pills and message therapy.But they refused to pay me for any days missed/ workers compensation because I had mentioned I injured it in the same manner 9yrs ago in the Marines.So there plight is it was an underlying condition and they are NOT responsible for paying me for the days missed.I have however received money or partial pay for the days missed from the E.D.D, the State.So I was able to catch back up on bills, so my bills are ok and my back is getting better,ans I still have my crappy job waiting for me to go back to.But I am still sore about how my companies insurance company treated me and they will not give me copies of any of the reports I made or incident reports.I was even told by another Security guard, a buddy of mine that works the same site that I do. I'm not allowed on site until my date of return from the doctors approval and I know its because I wanted to take pictures of that hole.He told me don't worry I already did that for you and will e-mail them to you. Well long story short my bills are paid my back is getting better and I still have my crappy job waiting for me when I get well.....but should I or should I not see an out of town attorney and show them the pictures of the hole I stepped and demand they release all of my written documents while working for that security company.Because in short I know I can in fact sue the Winery for negligence and win hands down...maybe... but in doing this I will be suing my companies client and if I did that I know for sure I will be terminated because that client will drop the security companies contract because of me..So if I take the chance to sue I could out with no job but fine because I could receive a very large settlement. If I take the chance and loose the case not only will I not receive any money I will also be out of a job...???? what to do what to do??? I don't feel I'm being greedy at this point for me its a moral issue.because I was getting treated like sh*t the whole time and the medical staff were only doing the bare minimum to help me while I was injured.I mean they weren't there when I couldn't even move for 3 days straight and I was all doped up on pain pills that didnt even numb the pain and I just lied there on the floor on my back screaming the whole time.My spine was and still is a little crooked and it is very visible when you look at me, and that is something you CANNOT fake.
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Resolved Question: Are there any financial assistance programs available to those who are ill/out of work for a time, that can?
(Sat, 09 Jan 2010 17:59:18 GMT)
help the patient with their living expenses? I have heard that Salvation Army or Red Cross may help with utilities while one is not able to work, but not sure about mortgage payments? I was diagnosed with a brain tumor (non-cancerous) 4 years ago, and doc told me yesterday that it is time to remove the tumor as it keeps getting bigger and causing my brain to swell, and told me that he has my surgery scheduled for 2/24/10....that is coming up quick! I have health insurance and short term disability with my job, however at my job when out on short term disability you only get paid 60% of your regular salary, I know because I was out 2 weeks in August for female surgery. The problem is, I am on the cusp of bankruptcy, I owe another $140 to my attorney and then he will file my case.....I have been chipping away at this $1875 since this past summer. I drive an 11 year old car and I live in a mobile home, so there definately no extravgances here. I am paying my mortgage about 30 days behind and at one point at the end of the year got I 2 months behind and had to come up with $2300 in 1 month time to cure the default. Needless to say, there was no Christmas, but there also was not much left even for food.....I was able to get a food handout from a local church but it wasn't much. My thinking is that if I am already struggling while working full time, how will I ever be able to make it when I am off work for 1 whole month at only 60% of my wages? I hate being in this position, but medical bills and being left by my fiancee early last year, put me in a financial downward spiral.....I have had to pay everything on my own and I would venture to say I probably have a credit score of -100. I have even started renting out rooms in my house, yet it still isn't enough. Is there ANYWHRE, where I could get help with my mortgage, electric and maybe some food? I do have bank statements/paystubs and etc to backup my case, but where would I go to get help without having to go through a lot of red tape, as I don't have a lot of time? I am not on any public assistance programs and never have been as I have always made too much $, so I really do not know where to even begin? If anyone out here has been through a sugery/illness for an extended period of time or if you know someone who has and they were able to get some kind of help, so they didn't end up without electricity, hungry or homeless, I would be very interested in hearing about your experience and how you were able to get help. One last thing, I do have a minor child in the home and yes, I do get child support for him, but it's really not that much. I live in Tampa, Florida (Hillsborough County) Please advise and thank you for reading.
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Resolved Question: Qualifications of benefits from Pfizer?
(Wed, 30 Dec 2009 05:46:13 GMT)
Thank you for taking the time to read… I used to get my acid reflux medication mailed to me from Pfizer. All the while I'd been trying to get medical disability thru social security. Just last year, after many appeals and with help from a disability attorney, social security finally approved me. But when it came time to renew my script for Protonix, I was told by the CVS pharmacist that my new insurance instructed me to take over the counter meds. The whole point of me being on Protonix is because over the counter meds are ineffective. I explained this to the pharmacist it CVS and later called Springfield Illinois and talked to someone from HFS, Department of Healthcare and Family Services and was told the same thing. Now here's where it gets interesting... Since I no longer receive benefits from Pfizer, I'm wondering if I can still get meds mailed to me from Pfizer since social security continues to deny me of my much needed prescription meds. It is imperative that I continue taking the meds because I feel miserable otherwise. Thanks so much for reading. Thanks a million, Az R. I've tried just about everything to no avail. Will definitely follow your information. Thanks a bunch!
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Resolved Question: I need a disability insurance attorney?
(Wed, 11 Nov 2009 01:33:29 GMT)
Six months ago I got into a bad car accident (not my fault) and I haven't been able to drive or got to work or even perform any of my duties. I need a lawyer who can help me get disability insurance claims from my employer or else I'm going to have to move in with my parents.
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Resolved Question: Do you think the police should have arrested me?
(Sat, 31 Oct 2009 19:03:00 GMT)
So tonight I was involved in a car accident. This lady driving a white mini van was turning lanes at valvista and warner in AZ as she was turning westbound i was in the middle lane going the speed limit 45 miles per hour and instead of her staying in the far right lane like your suppose to, she decided to turn right into my lane, as im slowing down i decide to get into the far left lane instead to avoid hitting her from the behind and she does the same thing and at that point I was going approximately 40 miles per hour and that is when she slammed right into me pushing my truck right over the high median. I parked the truck and decided to put on my hazard lights, got out and put my hand in front of me like what is your problem and ya i decided to get back in my car to get out of the way of traffic. We pulled into the super target parking lot at that point I was looking for my documents. All I had with me was my ID, Registration but my insurance was missing. 1 cop witnessed the accident and he pulled in. then 4 other cop cars showed up. Since I did not have my insurance card handy which usually I do. The cops had all there attention on me asking me if i would be willing to take a sobriety test, and i refused for like a minute then I was like why then i complied. First it was the stick out your tongue and tilt your head back. They were like have you smoked marijuana I was like no, then automatically they had me look into a light. The next one was to stand straight facing the officer and to put my hand to my side, he explained to me that i had to keep my right foot on the ground place my left foot infront of it raising it up as high as a soda can then to stare at my shoe and count to one 1,000 1 two 1,000 2 all the way up to #30, it was cold out for me and i was nervous, plus i just got in an accident so my heart was pounding and i was shaking. You could tell my foot was shaking the whole time and my legs were shaking as well making it terribly hard to balance myself and I weigh 245 LBS. The first officer had me do that, then like 5 minutes later another officer came up to me and was like I want you to do this for me and i was like what and guess what it ended up being the same test. I was like um no I already did it and he was like well that officer was not very well trained I am the officer who is well trained and i can determine whether or not you fail or pass. I totally forgot that I could have said I wanted an Attorney, that never even came across my mind, and always I have known to say that. I told him no then he was like its like this you either do it or you can come to the station with me. I cooperated and minutes later they arrested me for not being able to concentrate and follow direction. Well this is it I have a hard time remembering full blown conversations that are announced to me quickly, I have always had a learning disability in school, I am a smart guy only am 23 years old and ya Im thinking that is the reason I was unable to focus i tend to think too hard sometimes and confuse myself plus i have depression and deal with high levels of anxiety, this was my first time in an accident and this would have never happened if i did not forget my license at home. All of a sudden out of no where 3 officers stood infront of me and pinned me in like a V where one got behind me and arrested me when i made it inside the back of the cop car they had already explained to me that i was being arrested for suspicion of a D.U.I. I was confused because I had not done any drugs or had anything to drink. I was confused even during the sobriety testing they had told me in the vehicle that they had never delt with someone like me like im rare and i was like well my depression levels and anxiety were very High tonight. I feel as if I was treated unfair, because the driver of the other vehicle is the one who hit me but all they got was a ticket. When they asked me why my eyes appeared diolated i was like the only explantion i have is that i was detailing my truck since 2:00pm-5:30pm and they were like well did you inhale it I was like probably due to not wearing any resperitory masks. There was alot of silent moments when they talked to me. I was diagnosed with bi polar a few years ago but the doctor only evaluated me for 20 minutes tops so Im thinking I just have depression, plus when I know there are alot of people watching i tend to get nervous and will not listen because i am distracted so I can see why the officers thought I was on something. When i got to the police station they asked if i wanted to be evaluated by an expert who could read whether im a liar or not or if i have ever done drugs before. As I was waiting for him to show up i took a breathilzer test and passed the first time. I then peed into a cup. They told me the test would take about 6 months this was for a drug tests. That I was almost done with the testing after i went into this dark room to stare at red light that is the size of a bb pelle
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Resolved Question: Medical Malpractice question - 2 week old baby?
(Wed, 28 Oct 2009 13:30:21 GMT)
Medical Malpractice question - 2 week old baby? We got a prescription from the doctor at the hospital for our two week old daughters acid reflux and we had it filled at Walgreen's. A week and a half later we brought her to the doctor for a follow up and found out that the pharmacist at Walgreen's had filled the script wrong and we had been giving her 30 times the amount she was supposed to be getting per day!!! Well the company that represents Walgreen's called last night and offered us $1,000 if we would sign off saying that Walgreen's was no longer liable for anything that happens in the future relating to the overdose. So we have to get an attorney to figure out where to go from here because if we signed off on that and she has problems in the future, insurance wont cover it because it is a pre-existing condition. My cousins son had the same issue and he now has developmental disabilities, but they arent sure if that was caused due to the overdose. Any advice on where to go and what to do from here??
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Resolved Question: How,after signing a legal paper,can I change my mind?
(Tue, 13 Oct 2009 19:27:52 GMT)
After waiting for about 2 1/2 yrs. for a hearing with an A.L.J. In a Social security disability Insurance case. My day in court finally arrived on 09-24-09. Having hired an attorney approx. 2 yrs ago,for the agreed amount of 25% or $ 5300.00, the lesser of the two.On the morn of 09-24-09 right before going in the court, this attorney that was sent there by my lawyer, said, I need you to sign these 2 papers. Not having my reading glasses and being quite nervous, I ask him what it was, and if it has any thing to do with costing me more money. He said No, that it was only to okay him to be there with me instead of the lawyer I hired. A couple days later I called this lawyer, and asked him for copies of what I had signed. You guessed it, one paper said that I agreed to pay them 700.00 more dollars than the original amount of $5300.00, And Expenses. I feel liked they have Duped me into signing this paper. Had I not signed, I'm told that they would had to settle for the agreed upon price. What can I do to put a stop to being ripped off ? I have worked all of my life, and now due to a serious illness I have been with out a pay check for over 2 1/2 yrs. Can they cheat me out of what I believe is my money?
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Voting Question: Job offer from OCEANIC CONSULTING for Shell Petroleum Development Co in Nigeria?
(Fri, 09 Oct 2009 14:16:12 GMT)
I am being asked to purchase OTIP insurance in advance in the sum of 3000.00usd. Is this a scam. FIDELITY IMMIGRATION LAW FIRM IMMIGRATION PLAZA, Plot 442, Allen Avenue, Ikeja Lagos Nigeria. Email: fidelityimchambers@yahoo.com Telephone: +234 708 318 6177 Attention: John Schipske, I am Barrister John Obi, Immigration attorney mandated by Shell Petroleum Development Company of Nigeria to assist you on the Immigration procedures. There are three stages involved in the employment of expatriates in NIGERIA. 1, Request for cable visa 2, Application for subject to regulation visa (STR VISA) 3, Regularization of stay. Once the Comptroller General of the Nigerian Immigration Service (NIS) has approved the request for cable visa, it will be forwarded to the NIGERIAN EMBASSY who will issue you a S.T.R VISA. The regularization of stay is done here in NIGERIA on your arrival. Firstly before I proceed with the application to the Nigeria Embassy in your location to give you a STR VISA, I have to first of all get you your Expatriate Quota Approval Letter and Cable Visa from the Nigerian Immigration Service (NIS) in Nigeria. You are to send me the following required documents so that I can make an application for you with the Nigerian Immigration Service (NIS) for the approval of your Resident/worker's Permit, Cable Visa (which is a per-requisite for STR Visa) and Expatriate Quota. 1. Proof of vaccination against yellow fever. 2. Medical fitness report (HIV, HEPATITIS B) 3. Expatriate travelers insurance policy certificate (ETIP) 4. A scanned copy of your international passport. 5. Letter of Acceptance of Job Offer THE EXPATRIATE TRAVELERS INSURANCE POLICY (ETIP) COVER is a mandatory requirement by the Nigerian Immigration Service (NIS) this is because the policy is proves that you are medically fit; to work in Nigeria and also it is a per-requisite to renew your resident/worker's permit every year. The ETIP has benefits to the tune of $9,500 000.00 (NINE MILLION AND FIVE HUNDRED THOUSAND US DOLLARS) and the duration is one year, it should include benefits for loss of luggage, repatriations, medical, permanent disability and death etc. The preferred insurance company by the Nigerian Immigration Service (NIS) is NICON INSURANCE PLC, is a Nigerian Government owned insurance company located in Nigeria, so you are to look for their agent in your location. After you have applied for the ETIP policy, you will be issued a certificate. You are to send me a copy of the certificate Issued via electronically as attachment. Attached is the Nigerian Immigration Services form, you are to go through it carefully before filling it properly. On confirmation from the Nigerian Immigration Service (NIS) for of the approval of your cable visa, expatriate quota resident/worker's permit, it will be forwarded to the Nigerian Embassy in your location. You will be invited from the Nigerian Embassy in your location for a brief interview for your S.T.R visa. The form attached is in PDF format, which means you need adobe acrobat to open it. These are the vital procedures which you must adhere to because it is in accordance to the" Expatriate Statutory Laws of the Federal Republic of Nigeria". Yours truly, Barrister: John Obi IMMIGRATION ATTORNEY
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Resolved Question: Need legal advise from an attorney regarding an ADA claim?
(Wed, 07 Oct 2009 16:59:03 GMT)
I am a disabled retired detective sergeant with 10 years on the pd when I left in 2005. I worked for best buy for 2 years after leaving the PD before my back problems became to hard to bare. I left best buy on disability in Sept 07, shortly thereafter, my wife was hired by best buy. My wife has been working for best buy for 2 years now. She originally applied for a full time position so we could get insurance so I could continue treatment. Because my injury was pre-existent to entering the PD, getting the pension was an uphill battle, so forget the insurance. My divorce attorney a couple years ago told me I should sue the PD for medical ins., but they were good to me, it wouldn't set right with me to sue them. The manager I had worked for at best buy temporarily transferred to another department. When he returned he wanted to help us out and get her into a full time position. He kept harping the the gm until finally the gm snapped at him and said she will never have a full time position in your department or any other because I think her husband is faking his disability. He ended up putting her in a full time slot against his gm's wishes. The gm ended up turning his $4000 bonus into a $400 bonus. As a result the manager put in his notice to quit and is willing to testify as to what he was told in regards to my disability. I spoke with a half wit attorney last night that said he wasn't sure if I had a case he would have to talk to colleagues. I've been trying without success to get through to the eeoc today. Do I have a case against best buy?
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Voting Question: No fault Insurance claim wanting to claim $20/day?
(Tue, 29 Sep 2009 15:11:06 GMT)
Could anyone guide me in the right direction in this situation. My daughter and I were involved in a car accident where the other party was at fault. We were both not seriously injured, but I was pregnant at the time and my daughter has been disfigured slightly on her nose(has appearance of a boxer's nose). I know that I am entitled to $20/day on replacement services but my insurance company is asking for proof. ie: names and dates of those who provided service, and also the ammount that I paid for these services. They also want a letter from my doc stating I couldnt perform these activities. ie: picking up over 5lbs, moving around, etc. All of these things I am able to provide, but I was told by my ins company that I could only claim for myslef and not my daughter, and couldnt claim over the period that my doctor has issued my disability. An attorney I spoke to said that I should be able to claim for myself and her, plus be able to claim the limit of time which is 3 years. Could someone please give me some guidance if at all possible before I get screwed like many others do with insurance claims? Thanks to all who take the time to read and answer! I have in front of me a letter from my ins company stating that I have 1 yr from the date of the accident to make the PID claim($20/day), and they will pay $20/day up to 3 yrs. But they are claiming that my daughter cannot be in that claim since she is not a caretaker and just a child. And I did not hire any lawyers, just called around to see what their input was. And it is my ins trying to screw us over.
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Resolved Question: Now receiving Long Term Disability Payments But....?
(Fri, 11 Sep 2009 04:48:32 GMT)
My wife and I were able to successfully appeal our LTD denial. We also won our Social Security denial without a lawyer. But that leaves open what happens afterwards, what options do I have when the private insurance company behaves unprofessionally by harassing, lying, and constantly threatening you by "reviewing your disability status", month after month, considering new paperwork old because it took them weeks to get to it, etc.? Some examples: **Refusal to give me my policy, they had to be forced to do so by my former employer, only after I hired a lawyer to send them a letter demanding they provide it. **Constantly requesting "updated medical information", month after month, even though I have a letter from Social Security informing me that they are not even going review my medical condition for the next 5-7 years, due to the severity of my injury! Seems like every time I get them a report from my Dr., it takes them 4 weeks to review it and then it's old news and it starts again! **They lied and sent me a letter that they were going to reduce my monthly benefits dollar for dollar because of my daughter's Social Security benefits.I had to hire an attorney to review the contract, send a letter that it was not legal to do so, then they sent me a letter apologizing for their "mistake". I can go on and on, and that's just since last august! Am I protected from this abuse by the ADA or Bad Faith Provisions in NJ, or any other laws or regulations? So you consider it an "inconvenience" that they tried to steal my benefits, refused to provide a policy, even though I am injured and in chronic pain? What good are bad faith laws? Thanks
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Resolved Question: Scenario: corrupt work enviroment reported sexual harassment and workplace harassment....?
(Mon, 07 Sep 2009 10:43:02 GMT)
I have worked for a MAJOR company for just under a year. Since I started I have dealt with workplace harassment. It started out with a sort of workplace bullying and with each passing day it progressively got worse and worse. I have taken notes from day 1 about the things going on. Besides the obvious third party sexual harassment, work place bullying, and unprofessional behavior there has been several violations of the law and of the company code of conduct. I made several report inside my office to all levels of management; first my immediate supervisor then her supervisor and then her supervisor...nothing was done. Finally I reported it to HR and the next day I received a threat from one of the employees via internet communication (the threat was made during working hours I was off work that day but the employee who threatened me was not). I did a screen print and saved it to a word document (I doubled clicked on my lap top clock to pop up the clock in the screen before I did the screen print to show the time and date of the screen print). I have been in and out of the doctor because of this. My doctor diagnosed me with anxiety and depression as a result of this. My weight has yo-yo'ed, I have constant headaches and nausea, I get shaky, I just burst into tears over the slightest things (I started crying over a Rice Crispy commercial) and I'm not an emotional person at all and no I'm not pregnant. HR refused to relocate me to a different office (there are 16 offices in the county I work in) during the investigation. I told them I feared for my saftey due to the threats and they said they cannot relocate me because if they did it for me they could do it for anyone and as of right now all I have are allegations. I told them I had notes, proof of conversations, proof of the threat; they still said if you don't go to work you will be fired. I talked to my doctor and he agrees my symptoms are due to stress from this whole ongoing harassment and situation. So he put me on temporary disability. Well my last paycheck was only 75% of my normal salary. Turns out my "coding" was changed to part time the day after I reported the harassment and when I called to find out about my pay they also told me "oh also as a part time employee you aren't eligible for short term disability pay". They also told me my manager has to open a claim to get me back pay for the hours I worked and didn't get paid. I asked my manager to open a claim but she didn't and now she is on vacation. All I wanted was to be able to go to work and do my job without being harassed and now all these problems have started...what am I supposed to do? I can't afford an attorney I'm not getting paid at the moment! To summarize: They violated the whistleblower confidentiality They changed me from a full time status to part time status without consent or even notification so they don't have to pay me short term disability They are making me pay out of pocket for my medical bills as apart of my disability claim (they are not allowing me to use my insurance) They are not protecting me under the whistleblower law They aren't paying me for hours worked
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Resolved Question: how soon do you get medicare after your disability is approved?
(Thu, 03 Sep 2009 01:00:50 GMT)
my wife is 46 and i was wondering if we had to pay for medicare...i heard it was 100.00 out of each check....is that true? is that permanent or just until she's 65? is it better to get the medicare and a supplement or should i leave her on my insurance and could i get a supplement then? if we don't do the medicare now, will it be more difficult to get it later? when getting us the lump sum for her disability, when do they start the proration of her pay out? does it start when we met with the attorney or when social security first turned her down? when do the monthly checks start coming?
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Voting Question: How Can I Stop This Constant Abuse?
(Wed, 02 Sep 2009 05:32:54 GMT)
My wife and I were able to successfully appeal our LTD denial. We also won our Social Security denial without a lawyer. But that leaves open what happens afterwards, what options do I have when the private insurance company behaves unprofessionally by harassing, lying, and constantly threatening you by "reviewing your disability status", month after month, considering new paperwork old because it took them weeks to get to it, etc.? Some examples: **Refusal to give me my policy, they had to be forced to do so by my former employer, only after I hired a lawyer to send them a letter demanding they provide it. **Constantly requesting "updated medical information", month after month, even though I have a letter from Social Security informing me that they are not even going review my medical condition for the next 5-7 years, due to the severity of my injury! Seems like every time I get them a report from my Dr., it takes them 4 weeks to review it and then it's old news and it starts again! **They lied and sent me a letter that they were going to reduce my monthly benefits dollar for dollar because of my daughter's Social Security benefits.I had to hire an attorney to review the contract, send a letter that it was not legal to do so, then they sent me a letter apologizing for their "mistake". I can go on and on, and that's just since last august! Am I protected from this abuse by the ADA or Bad Faith provisions, now?
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Resolved Question: Can I sue my private insurance company for not living up to the paying me for a on the job injury?
(Tue, 01 Sep 2009 04:29:23 GMT)
Hello I work for the City of Los Angeles I hurt my back at work 2 years ago and I have gone thur the 2 year workers comp process ,because of other medical complications I can not recieve the treatment i need to go back to work. However as part of my benefits package we have Private Disability Insurance that has 2 plans Plan One: short term disability that is paid by the City of Los Angeles to pay out at 50% of the employee's salary per month (Under the employee's own occupation) Plan Two: Long Term Disability that is paid by the employee as a supplemental meaning the employee can pay the minimum of 30 dollars per month to pay out 66 2/3 of the employee's monthly salary up to the employee's retirement year ( Under the Any occupation ) The Disability Insurance is only available if there is a work related injury , the City of Los Angeles Had their doctors examine me , take MRI's etc.... and placed me off work due to a ruptured disk in my back with meds,. The Private Insurance Company Denied my claim based own their doctors opinon after they looked at my doctor's reports and the opinon of their occupation asessment dept saying i could work a supevisory position with my injury based own my work history and education. Not once has any of their doctors ever seen me let alone examine me . There is more details please email me back if you can advise me because of this outrage ( I'm in pain everyday) I am without any finances i have lost my residence and I am homeless ,I have exhausted my friends and relatives and my bills are over the top and I'm about to lose all my possessions I need money like yesturday please tell me what can I do ,I need help I do not have an attorney
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Resolved Question: What do you know about social security disability once you are approved for it? How does it work?
(Mon, 31 Aug 2009 20:12:17 GMT)
I have an Attorney. I just got approved for 2 years back pay for social security disability and for 24 months starting next month. Then they will get a hold of my doctors at the end of 24 months and re-evaluate and see if they think I am still disabled. My question is what do you know about Disability and how does this all work, and how long does it take once approved to start receiving your payments? My Attorney gets 25 percent of my back pay. With my husbands income I dont qualify for Medicaid. But my Attorney said as of next month I would qualify for Medicare. Doesnt matter on how much our income is. Do you know anything about that? Sorry this is all new to me. I have several health problems and really need the insurance, especially so I can afford my medications. Any information is appreciated. Please dont be negative. I am only 29 but I have many health problems. Thank you for your time.
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Resolved Question: CA Workman's Comp; DISASTER Help?
(Fri, 28 Aug 2009 23:35:37 GMT)
Complicated Work Comp Case Basic Overview: A friend of mine has found himself in a horrible situation after 1 year of Work Comp case proceedings. The following facts are pertinent to his specific situation: IN BRIEF Employment History: 1. Employed with employer 20+ years 2. Almost no Disciplinary or problems with employer until Company recently merged with another company and has since become "Self Insured". 3. Company began making constant demands for employee to sign "At Will" and "Acknowledgment" there of documents. 4. Employee got first write up in 20 years and asked to sign "at will" at the time of write up. Upon refusal to do so due to the contract stating that he was to carefully consider what he was signing, he was forced to a new machine for "training purposes" that of which he initially believed a prior injury may had been exacerbated due to repetitive motion of his wrist. Industrial Injury History: 1. Old injury to wrist 10 years before; new injury appears to be separate injury but may be contributing to aggravation of the newly diagnosed mild carpal tunnel syndrome in both wrists. 2. Both past and present Injuries were sustained while with same employer New Injury: 1. Employee informed supervisor of swollen wrist while on new machine, he gave him wrapping gauze and sent him back to work. 2. 2 weeks later Employee went to emergency after a failed attempt to talk to the General Manager for swollen wrist and stress due to industrial injury as a result of being denied treatment. 3.Employer started immediate "fraud investigation". 4. Employer informed employee of UPN doctor he had to go to; employee complied not knowing rights at the time. 5. Employee sent to drug test; Doctor suitable to treat injuries was not in on the date of referral, also employer did not list the "wrist" injury, only listed "stress" on referral slip. 6. Employee returned to employer for correct referral slip and returned to UPN doctor who did no referral for psychiatric treatment and sent employee to get old medical records in part with return to work slip. 7. Employer had employee fill out wc form 1 almost a month after injury; he complied 8. Employer informed employee of need to separate claims; and verbal statement of denial saying "stress" is self inflicted due to detachment from machine. 9. Employee placed on Short Term Disability; pressured by employer to fill out FMLA forms and refused as it is industrial injury not FMLA related. 10. Employee obtained an Attorney 11. Employee complied with all doctor referrals from attorney 12. Employee wanted to get surgery and go back to work. ATTORNEY DISASTER/PRIORITY CONFERENCE 1. Employee sent formal request to attorney inclusive of questions as to why no expedite hearing had been requested in part with need for surgery, why he had been sent to a QME instead of a AME as informed in a letter, and why his deposition is scheduled after Priority Conference Date. 2. Attorney Request to Withdraw immediately 3. Attorney wont give original file 4. Attorney sent copy of file of 400+ papers mixed up that 5. Employee can't access WC WCAB file even after getting authorization from Sacramento; they claim 14 days for file to documents to be sent. 6. Copies of WC form sent in file copy from attorney state new claim for injury was submitted due to "harassment" without employees knowledge. No trace of original claim form (he does have a copy of the first one he actually filled out) 7. Attorney is still on record despite his claim to be relieved due to his request to Withdraw. 8. Employee just found out no medical records were entered on his behalf and priority conference is next week **Employee can't seem to be able to confirm insurance carrier of Employer. Nothing makes sense and Employee is breaking down. Is there any hope? Thank you kindly, any helpful suggestions are appreciated. Please consider the over whelming impact of such circumstance. How does he find an Attorney he can trust at this point? Aside from Cal State Bar...what can I help him do that is immediate? Thanks! Do you have any personal experience with that law firm?
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Resolved Question: CA Workman's' Comp; Disaster help!?
(Fri, 28 Aug 2009 23:19:26 GMT)
Complicated Work Comp Case Basic Overview: A friend of mine has found himself in a horrible situation after 1 year of Work Comp case proceedings. The following facts are pertinent to his specific situation: IN BRIEF Employment History: 1. Employed with employer 20+ years 2. Almost no Disciplinary or problems with employer until Company recently merged with another company and has since become "Self Insured". 3. Company began making constant demands for employee to sign "At Will" and "Acknowledgment" there of documents. 4. Employee got first write up in 20 years and asked to sign "at will" at the time of write up. Upon refusal to do so due to the contract stating that he was to carefully consider what he was signing, he was forced to a new machine for "training purposes" that of which he initially believed a prior injury may had been exacerbated due to repetitive motion of his wrist. Industrial Injury History: 1. Old injury to wrist about ten years back; new injury appears to be separate injury but may be contributing to aggravation of the newly diagnosed mild carpal tunnel syndrome in both wrists. 2. Both past and present Injuries were sustained while with same employer New Injury: 1. Employee informed supervisor of swollen wrist while on new machine, he gave him wrapping gauze and sent him back to work. 2. 2 weeks later Employee went to emergency after a failed attempt to talk to the General Manager for swollen wrist and stress due to industrial injury as a result of being denied treatment. 3.Employer started immediate "fraud investigation". 4. Employer informed employee of UPN doctor he had to go to; employee complied not knowing rights at the time. 5. Employee sent to drug test; Doctor suitable to treat injuries was not in on the date of referral, also employer did not list the "wrist" injury, only listed "stress" on referral slip. 6. Employee returned to employer for correct referral slip and returned to UPN doctor who did no referral for psychiatric treatment and sent employee to get old medical records in part with return to work slip. 7. Employer had employee fill out wc form 1 almost a month after injury; he complied 8. Employer informed employee of need to separate claims; and verbal statement of denial saying "stress" is self inflicted due to detachment from machine. 9. Employee placed on Short Term Disability; pressured by employer to fill out FMLA forms and refused as it is industrial injury not FMLA related. 10. Employee obtained an Attorney 11. Employee complied with all doctor referrals from attorney 12. Employee wanted to get surgery and go back to work. ATTORNEY DISASTER/PRIORITY CONFERENCE 1. Employee sent formal request to attorney inclusive of questions as to why no expedite hearing had been requested in part with need for surgery, why he had been sent to a QME instead of a AME as informed in a letter, and why his deposition is scheduled after Priority Conference Date. 2. Attorney Request to Withdraw immediately 3. Attorney wont give original file 4. Attorney sent copy of file of 400+ papers mixed up that 5. Employee can't access WC WCAB file even after getting authorization from Sacramento; they claim 14 days for file to documents to be sent. 6. Copies of WC form sent in file copy from attorney state new claim for injury was submitted due to "harassment" without employees knowledge. No trace of original claim form (he does have a copy of the first one he actually filled out) 7. Attorney is still on record despite his claim to be relieved due to his request to Withdraw. 8. Employee just found out no medical records were entered on his behalf and priority conference is this next week. **Employee can't seem to be able to confirm insurance carrier of Employer. Nothing makes sense and Employee is breaking down. Is there any hope? Thank you kindly, any helpful suggestions are appreciated. Please consider the over whelming impact of such circumstance. How does he find an Attorney he can trust at this point? Aside from Cal State Bar...what can I help him do that is immediate? His lawyer quit after asked him why it was taking so long to get an authorization for surgery... he wants to go back to work. Must work for an insurance company lol. I guess you didn't read the part where I said they might not have insurance. Now confirmed. Thanks for your advice though, nice try.
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Voting Question: Why don't I get Disability?
(Mon, 17 Aug 2009 01:23:54 GMT)
Your Question Why don't I get Disability? I am 42 y/o. I have a bad history of traumatic accidents throughout my life. At age 4 I was hit by a car and broke both legs and fractured my skull. I miraculously recovered from these injuries and went on to a somewhat normal childhood. I say 'somewhat' because at the time 1972, ptsd was not well defined or know about, at least I don't think it was because I recieved no psychological attention at the time. I do remember that starting school for me was really, REALLY a hard thing to do. Later on at age 16, a friend of min at the time asked me to go for a ride on his motorcycle. I was a minor at the time and didn't know about anything such as if he had a legal license or if the motorcycle was insured. It turned out he didn't have a licence and it wasn't insured and he crashed and I shattered my ankle and have nuerological problems with my foot, hammer toes.. a total nightmare. I recovered from this, but my foot has never been the same, still have hammer toes.. (what's it like to wear sandals, anyone?). Being that we were renting an apartment from the friend whose motorcycle it was my family told me not to sue the home insurance despite my attorney at the time saying we could. The lawsuit for my injuries was 3 million dollars and when the family got that letter they just about took out shotguns and threatened us. My mother and father then advised me not to sue them so I got no money for my injuries at all. Now at the age of 42 I have chronic back pain, foot pain, and I haven't been able to work since two other bad accidents in 1999 and 2002. My back is so bad that any stress or strain on it I am out of commission for sometimes more than 2 weeks. My doctor has been pumping me up on narcotics, oxycontin, oxycodone, etc.. but the doctor's reports never seem to get me disability benefits so my wife and I live in poverty, the 2002 accident happened while I was at work and workmans comp settled my claim for $500/mo. so my annual salary is $6,000.00 per year and this is all I make. My wife who is from Estonia, is illegal and we haven't had the money it would take to get her legal so we are both living in a small studio apartment and we can't get anyone to help our situation and have been living like this for 10 years. I really feel bad, I have no life, no way to make a living and no help from any agency. I have Binder & Binder but they didn't get me anything other than the usual 'Denial' letter from NY State Disability. I have been in a cycle of appeals for 10 years. I can't help but think that there are some people in prison who are living better than me, a regular guy who has been in accident's and is now just stuck like this. Can anyone help us or advise us?
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Resolved Question: What work can I train for if I have left wrist injury?
(Fri, 07 Aug 2009 01:12:04 GMT)
I have repetitive stress syndrome of left wrist-i am left handed-I work in retail environment. Most likely my employer will put me on disability(workman's comp). The insurance carrier says permanent stationary disability. My attorney says I will probably be eligible for vocational rehabilitation. So what are my options. I don't have a college degree and I don't have carpal tunnel syndrome. As you can read, typing is not a problem.
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Voting Question: How can I get treatment in upstate NY?
(Fri, 31 Jul 2009 01:45:49 GMT)
Any suggestions of how to get medical treatment for right arm numbness? I broke my arm at work seven years ago. I had surgery and it has been fine with a mal union and inoperable joint that cracked into three pieces from a fixator placed incorrectly) until about two months ago- I went to a family doctor three times; he prescribed an anti anxiety med and sent me to the ER. I have progressive numbness, shooting pain from my elbow to my wrist and occasionally to my neck. My workman’s comp Dr dropped me because he does not want to deal with NY workman’s comp insurance (He is in another state and took it originally out of pity for Starting in March, In the ER three I was worked up for chest pain each time and assured my heart is great. My arm aches so bad that I cannot sleep in a bed and I take naproxen to manage the pain but is causing bruising and bleeding. I found a workman’s comp doc and had to wait a month to see him. Today I saw him. He asked for my regular insurance and stated he does not accept that company and asked if I would pay out of pocket for any portion of the bill workman’s comp does not pay. (I know this is illegal, but in NY illegal activities are not enforceable). I called the comp board today and was told that my case states my original disability was limited to just the wrist so that ortho doc would not get reimbursed for my arm pain, and I need a hearing to correct it because all my original medical visits clearly state I originally broke my arm. So my family doc keep sending me to the ER, the ER only does tests only for my heart then tells me to see a workman’s comp ortho doc. Local ortho doc’s do not want my case because it is much paperwork for little pay. One ortho doc saw me but will not do tests or treat me because he feels he will not get paid enough. My attorney needs to call a new hearing to correct the disability title. The pain and numbness is do bad, I have digressed to crying frequently, the pain & numbness is awful. I cannot get a full nights sleep and when I take the pain meds during the day, I fall asleep for an hour. Is there anyway to get treatment Daniel; I already have a ton of medical bills including an ambulance transport to rule out a heart attack. I can't afford any more incompetent doctors following protocals to get as much money as possible without any concern for treating my actually problem. These hospitals balance bill, so no matter what my insurnace pays, they have billed me at a higher rate that allows them to come after me after being paid by my insurance company. The problem with workman's comp is that the doctors cannot balance bill and cannot collect additional money using inpatient-outpatient/negociated rates/ multi billing tactics.
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Resolved Question: I started back to work after being off for 31/2 months short term disability, now my boss is very mean?
(Sat, 25 Jul 2009 18:31:47 GMT)
My boss is being very mean to me, trying to get me to quit, but I can't. He is withoulding $$ from me, the premium insurance that he paid while I was off, he told me after being off more than 4 weeks I had to pay all my insurance, which is a huge amount, I cant live on what he is leaving in my check, my utilites will be shut off 7/30 and I cant pay rent on 8/1. It is very stressful and down right illegal how I am being treated, but I cant afford an attorney...any suggestions????
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Resolved Question: As a parent, how would you view this?
(Thu, 16 Jul 2009 14:18:00 GMT)
I am mother to 2 children, ages 5 and 7. I work full time for the same company for 23+ years, but have been on disability for a few months. I still provide the health insurance for myself and the children. I don't smoke, drink alcohol or do drugs. Their biological father is self-employed as a handyman, and even though I have a Court Order for him to pay child support, he can not be garnished in a traditional way and does not pay. I turned my child support collection over to the Dept. of Child Support Services, run by the state. Trying to get them to enforce anything has been, let's say, "interesting". The attorney I used for the child support order says he can file Contempt of Court charges against the dad for each month he hasn't paid and was able to, but it'll cost me a chunka change. The attorney says we can ask the court to have the father responsible for my attorney's costs, which they likely would grant, but I have to pay the attorney and IF he ends up getting the payment from the father, I would get reimbursed. So, I'm going to make a sign "NEED MONEY FOR ATTORNEY TO PROSECUTE DEAD-BEAT DAD" and stand at a busy intersection... What would you think if you saw me standing there? Would you help? . "Dad" owes in excess of $25,000.00 since the Court Order in 2007.
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Resolved Question: social security disability insurance attorneys and company's?
(Mon, 15 Jun 2009 21:17:45 GMT)
that help you get social security disability how good are they tell me your experience or what you know about them
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Resolved Question: Are the penalties for companies hiring illegal aliens adequate?
(Thu, 28 May 2009 15:13:06 GMT)
Filipino couple in US to get 215 years for hiring illegal aliens CHICAGO – A Filipino couple, who owned a health care agency, face sentencing of up to 215 years in prison for bringing in to the United States illegal aliens, mostly from the Philippines. Wilfredo Tiongco Ngo, 51, and his wife, Maria Teresa Lamayo Ngo, 49, co-owners of A-Plus Planning Services in Orange County in California, also face a stiff fine of $10.75 million or “twice the gross gain or gross loss resulting from the offenses, which ever is greatest." Sentencing has been scheduled for September 21 by Judge David O. Carter of the US District Court of Central District of California in Los Angeles. The couple were charged in August last year with a four-count indictment, including: 1. Inducing aliens to reside in the United States; 2. Knowingly employing illegal aliens; 3. Knowingly harboring illegal aliens; and 4. Counseling persons to engage in marriage fraud. When they were arraigned by US Magistrate Judge Marc L. Goldman last August 25, 2008, the Ngo's and their co-accused, Gicela Sarabia, 43, pleaded not guilty of the charges against them. Last month, however, the couple pleaded guilty of Count No. 1 as part of a plea bargain. Sarabia, who was charged with inducing aliens to reside in the US and knowingly hiring illegal aliens, has not yet copped a plea. It was not known if the Philippine Consulate in Los Angeles was advised by US immigration authorities of the arrest of the Ngos and the couple's right to seek help from the Philippine Consulate as mandated by the 1963 Vienna Convention on Consular Relations of which both the Philippines and the United States are signatories. The Ngos are Philippine citizens. A-Plus Senior Planning Services is a private health care agency that provides basic care to the elderly in assisted-living facilities in Orange County since January 2005. It has 200 employees, half of them undocumented. It has 65 employees, 20 with non-immigrant visas, with denied political asylum, engaged in fraudulent sham marriage or had been previously ordered deported. The agency was originally named Better Care Solutions. When the company was audited, it changed its name to A-Plus Senior Planning Services. The agreement was agreed and accepted by Mieke I. Biesheuvel, assistant US attorney on behalf of Thomas P. O’Brien, US attorney for the Central District of California, and Robert A. Van Hoy, counsel for defendant Maria Teresa Lamayo Ngo, and Mark W. Fredrick, counsel for Wilfredo Tiongco Ngo. The alleged illegal activity of A-Plus was found out when two Filipino caregivers filed unemployment claims in July and October of 2006 with the California Employment Development Division. Better Care Solutions was later discovered not paying unemployment insurance from 2004 to 2007, employment-training taxes, disability insurance and personal income (state) tax, which resulted in two separate tax liens totaling $124,000. When interviewed by US immigration agents, Mr. Ngo said what he did was a “cultural thing. He wanted his people to eat and send money to their families in the Philippines. We are not harboring terrorists here." - GMANews.TV http://www.gmanews.tv/story/163128/Filipino-couple-in-US-to-get-250-years-for-hiring-illegal-aliens
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Resolved Question: How do I find a great lawyer in a specialized branch of law in another state?
(Wed, 27 May 2009 01:41:11 GMT)
My long term disability benefits were cancelled after 14 years because the insurance company cherry picked two "good" visits I had with the psychiatrist this year (meaning, I wasn't on the verge of suicide for once). It turns out that group long term disability policies fall under the federal law called ERISA and disability law under ERISA is a very, very specialized branch of law. Moreover, I have to get an attorney in the state where I became disabled (I live in Minnesota, I need a California lawyer). There is no way I can get a referral to someone good from someone I know & the only lawyer I have ever used in the past was a family lawyer for a minor matter. Social Security disability is a wholly different matter - I'm not looking for an SSDI attorney. Any tips, other than feel them out in the initial consultation? Thanks for any advice!! what I am looking for, is how do I know if they are a GOOD lawyer, as opposed to a mediocre one.
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Resolved Question: Dallas, TX residents or law professionals only please...?
(Fri, 24 Apr 2009 05:57:34 GMT)
1. Does anybody out there have links to personal injury attorneys for me in the Dallas area? 2. Has anybody out there (in the Dallas area) suffered from an on-site, work related injury/temporary or permanent disability? (if so, please tell me your story) Long story short. In a menagerie of owners, general contractors, subcontractors, and employees I was injured while performing my job. I worked through the injury (in much pain) in order to complete the project. Yes, the injury was reported to my employer...the subcontractor. He did not suggest, advise, or otherwise seem to terribly concerned about getting me medical attention. Now I know why. He had no Workman's Compensation insurance. Here's the problem: My employer is based out of Colorado. Also my home state. PI attorneys here in CO will not touch my case because the injury occurred across state lines. So, I have 2 options once I can find an attorney in the Dallas area. 1. File a claim/suit against the general contractor. 2. File a claim/suit against the owners of the property. Please help. I'm in constant pain and have not held / cannot hold a job since Nov. 17th, 2008. To add insult to injury, my former employer has not responded to any of my phone calls or emails re: said injury. Any ideas appreciated. Plz and Thx. ~peace~
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Resolved Question: workers comp no more checks now what? help?
(Thu, 09 Apr 2009 18:46:57 GMT)
i been receiving state disability checks cause insurance has always denied my claim,so im about to receive my last check from state my funds are all gone ..so can my attorney enforced the insurance now so they can start sending me money? i called him he say he is going to talk to them about something call pda something like that so i can start getting checks exactly whats going to happen? i do have a claim all ready .this is my second attornney got rid of the first one , the insurance has always denied my claim since day one. im still been treated by my new doctor .im going to need surgery so how can my attornney enforced them to send me checks?
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Voting Question: what kind of attorney should I look for in related to medical collection debt?
(Tue, 07 Apr 2009 21:46:42 GMT)
My mom have surgery two years ago in La, we lived in Atlanta. The doctor office said they only bill the insurance company so it's not surprise that we have not received any bill since then. Suddenly we receive a 90000 dollar bill from the collection agency. We try to contact the doctor office and our insurance to resolve it. The doctor office said they will take us off from the collection, the insurance may pay some of it. When the insurance send out the check the doctor office didn't update their information they have been move so the check was returned for the insurance company. Now we received the second letter. My mom is on disability right now, I have to pay her morgate for over a year now. She is unable to pay the bill. So can she transfer her morgate under my name, is it going to affect her or can she file bankruptcy?What are we going to do next? and what type of attorney should I look for further reference? thank you
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Resolved Question: Does being or been on disabilty come up in background check?
(Mon, 30 Mar 2009 06:01:48 GMT)
Hey you guys, I have a question...I have been on disability for over 2 years now and am waiting for the B.W.C. to figure out how much the settlement is going to be (if I even agree to settle). Since the MRI proved that I was disabled the insurance company wants to settle..You know how it goes. Well they stopped my Temporary Total Compensation because they think I can go back to work (which they've been saying all along) and I have been applying everywhere for a long time now. Even before the recession..My question is when the company that I am applying to looks into the background check, will me being on BWC come up?Because I have applied to easily over 100 jobs since they stopped paying in January and no one has gotten back to me. I asked my doctor and he said he didn't know so let me know..BTW Im in Ohio...and I do have an attorney.it just slips my mind every time I talk to him...Also my attorney asked me in the last week of February if I wanted to settle and seeing as that I'm never gonna get any better I have no choice because physical therapy is not going to help (I have arthritis in my spine and my discs thats only gonna get worse with age according to my doctor) how long does it take for them to offer me a settlement amount...the website for BWC said 30 days but its been over 30 days...and lastly is it a good idea to settle?I'd like to get back to work..They didnt pay me much when I did get paid.But im not sure I can somedays its hard to get out of bed and forget sitting on a chair after an hour my lower back and hips are throbbing...again thank you for ur time... Thanx in advance...
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Resolved Question: I need help with California Workers compensation?
(Mon, 30 Mar 2009 01:56:57 GMT)
I know someone who had a serious work injury. The company required that they see the company's doctor. The company's doctor said the person was fine and sent them back to work even though the serious injury is obvious. The employee went to the E.R. due to pain and was told that they needed surgery within 2 weeks or they would be permanently disabled. So, the employee contacted a surgeon and has surgery scheduled in order to avoid permanent disability. The company doctor still says that they don't need the treatment. The workers' comp adjuster is going to send out a QME form, but the injured worker does not have enough time to wait for the QME to be performed before surgery. What should they do? I think they should go forward with the surgery and let the private insurance go after worker's comp at a later date in order to keep from having permanent disability. The injured worker is currently trying to find an attorney, but in the meantime, what should he do?
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Resolved Question: PLEASE help with ? about SSI and marriage - really important?
(Thu, 19 Mar 2009 04:51:32 GMT)
Here's the deal. My husband has been on SSI for 8 yrs (we just got married) and it's due to a disability he has (rare bone disease) but he's not on SSDI, he's on SSI, So, now that we're married, I want to file my taxes & he's freaking out saying they're going to stop his benefits. Apparently he didn't think about this before we got married. So, he's telling me to lie & file as "single" but I can't do that. Doesn't the IRS know I'm married? He thinks if I file as married, that will put a red flag on him. I want to file as "married, filing separately" but he thinks any mention of marriage & my income will stop his benefits entirely. Is this true? Should I contact a tax attorney? My husband says it doesn't matter how much or how little I make, that if I file as married, I'm screwing him over. How is that? I'm so confused. I won't LIE to the government & put myself in that situation. If I'm married & file saying I'm single, wouldn't I get in trouble for that? I don't make that much. Around $40,000 to $50,000 per year & live in a high priced area in CA so that's not a lot around here. We have totally separate finances as well. I pay my own share of rent, car, utilities, insurance, all my personal stuff, cell phone, credit cards, etc. What should I do? He's furious with me that I might file as married & make him a target.
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Resolved Question: Did you have to appeal Social Security to get Disability Insurance?
(Fri, 20 Feb 2009 23:41:37 GMT)
If you did...How long did you wait for a hearing? Did you get an attorney? Did you win? How long did it take you to get your back payment check?
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Resolved Question: please help if you, can direct me in the right direction?
(Thu, 05 Feb 2009 18:36:26 GMT)
My sister was diagnosed with a brain tumor in 2006, and ended up having 7 surgeries in a row. developed a infection of her skull plate after tumor removal and has a prostetic plate in its place. Ok now here is the situation, during this time her husband was planing on divorcing her while in surgery. I guess he did not believe in for better or for worse, he is six yrs yonger then her and they have a child togther. He cheated on her while she was laying in a hosp. bed. He made her sign a sepertation agreement a few mths after having brain surgery. When you have a brain injury, it changes who you are. Her husband is in the military, has found a new girl friend. He now has filed for a divorce using military benifits, and is filing for a no contest divorce. We belive he is trying to mary this other girl so that she can have the military insureance. He is trying to give my sister full custody of their child w/visitaion for him and that he has to pay child support. The thing is my sister can not keep a job, due to memory loss and irratic behavior, she had to give custody of her other child not by him to my parents. She has lived with several diffrent people, including my self. But due to her irratic thinking, she is very negitive and put strain on our family and her child, so I had to ask her to leave. I now have her daughter until the end of the school year, and then her dad will come and get her. My mom can no longer take it, so she may have no where to be. Due to a lack of funds we are unable as a family help her get the help she needs. We can not afford a lawyer, tried legal aid, try to see if we could get someone to do pro bono, but because he is in the military he was able to get a military lawyer. We have tried to get disability for her, but b/c she presents her self well, no one sees that she does not handle her finanses well, and other medical symptoms that she has stated above, my mom had to take out a tempory power of attorney over her. She has been denied disablity in which we are still fighting. They feel like her overwhelming Doctor visits and documentaion were not enough to have disabilty.Her husband filed in a diffrent state in which we were told that we would have to hire a lawyer there to move the case here. This has been going on for several mths trying to get the divorce to stop at this point. Because my sister is unable to raise her child (not that she does not want to), her husband will get custody, she will be left with out insurance, in which she really needs because she still has some swelling on her brain, and we belive that he should be paying her alimony, due to leaving her in a disablity state. And because my family feels like we have done all that we could, exausted all our revinews, and because we do not have the funds for a lawyer that we should just give up and let him have the no contest divorce. Which means that she will have nothing, b/c she does not have a lawyer. She has already lost her children. And will lose her insurance, and may not have a place to stay soon and become homeless (because we are unable to care for her, because of her irratic behavior and the negative affect it has had on the children in our homes) It is not that we want her on the streets, it is because we want the safty of our children. The systam and the military has really failed her. She needs care that we are unable to provide her. Sorry that this was so long. If anyone of you out there that is reading this and knows a way that you can help send us in the right direction. I plea with you please help before she is on the streets. The courts state that she needs to respond by the end of January or the Divorce is final as a no contest divorce. Meaning he pays nothing and gets everything. thank you for your time.
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Voting Question: to lawyers or those who work in the legal field?
(Thu, 05 Feb 2009 17:15:42 GMT)
My sister was diagnosed with a brain tumor in 2006, and ended up having 7 surgeries in a row. developed a infection of her skull plate after tumor removal and has a prostetic plate in its place. Ok now here is the situation, during this time her husband was planing on divorcing her while in surgery. I guess he did not believe in for better or for worse, he is six yrs yonger then her and they have a child togther. He cheated on her while she was laying in a hosp. bed. He made her sign a sepertation agreement a few mths after having brain surgery. When you have a brain injury, it changes who you are. Her husband is in the military, has found a new girl friend. He now has filed for a divorce using military benifits, and is filing for a no contest divorce. We belive he is trying to mary this other girl so that she can have the military insureance. He is trying to give my sister full custody of their child w/visitaion for him and that he has to pay child support. The thing is my sister can not keep a job, due to memory loss and irratic behavior, she had to give custody of her other child not by him to my parents. She has lived with several diffrent people, including my self. But due to her irratic thinking, she is very negitive and put strain on our family and her child, so I had to ask her to leave. I now have her daughter until the end of the school year, and then her dad will come and get her. My mom can no longer take it, so she may have no where to be. Due to a lack of funds we are unable as a family help her get the help she needs. We can not afford a lawyer, tried legal aid, try to see if we could get someone to do pro bono, but because he is in the military he was able to get a military lawyer. We have tried to get disability for her, but b/c she presents her self well, no one sees that she does not handle her finanses well, and other medical symptoms that she has stated above, my mom had to take out a tempory power of attorney over her. She has been denied disablity in which we are still fighting. They feel like her overwhelming Doctor visits and documentaion were not enough to have disabilty.Her husband filed in a diffrent state in which we were told that we would have to hire a lawyer there to move the case here. This has been going on for several mths trying to get the divorce to stop at this point. Because my sister is unable to raise her child (not that she does not want to), her husband will get custody, she will be left with out insurance, in which she really needs because she still has some swelling on her brain, and we belive that he should be paying her alimony, due to leaving her in a disablity state. And because my family feels like we have done all that we could, exausted all our revinews, and because we do not have the funds for a lawyer that we should just give up and let him have the no contest divorce. Which means that she will have nothing, b/c she does not have a lawyer. She has already lost her children. And will lose her insurance, and may not have a place to stay soon and become homeless (because we are unable to care for her, because of her irratic behavior and the negative affect it has had on the children in our homes) It is not that we want her on the streets, it is because we want the safty of our children. The systam and the military has really failed her. She needs care that we are unable to provide her. Sorry that this was so long. If anyone of you out there that is reading this and knows a way that you can help send us in the right direction. I plea with you please help before she is on the streets. The courts state that she needs to respond by the end of January or the Divorce is final as a no contest divorce. Meaning he pays nothing and gets everything. thank you for your time. Yes I belive her husband left b/c he wanted someone that was not ill. If you read the whole thing was is that we have tried everything,but if you don't have funds pay for a lawyer, how are you to get one. Again if she where able to do this her self, don't you think that we would have her to do so, so that we are not stressed. I am doing the homework and now have no where to turn, so I am asking for advise. please do not comment if you do not know the answer,or away that I can get the help she needs. I would not have gone through typing all this for someone to tell me to get a lawyer that is obvious, it is how to get one with out the funds.
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Resolved Question: Do you think my year will be better than last year?
(Fri, 23 Jan 2009 05:14:21 GMT)
I got a divorce went to 3 mental hospitals lost my teaching job was denied unemployment ( should have gotten an attorney I guess) got disability but could not get any money from it or insurance got remarried to a man in the Navy He was denied housing for us so we live apart
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Resolved Question: I need help stopping the IRS from garnishing my disability check, from back taxes 1998. Done Professionally.?
(Mon, 12 Jan 2009 16:25:58 GMT)
I have tried to settle this for years. My only income is my disability, 698.00 which they r taking 102.50. House payment 335.00 bal. tries to pay all other bills. Paid attorneys to help( got screwed) talked to quite a few people that were supposed to help, but I don't have another 2000.00 to put out there, with no resolution. I need someone that can help out with this and get it settled. I hate to beg, but I am Begging an attorney with a heart out there that can do this pro-bono. I will never be able to work again. Shortly after I was disabled, hubby fell 2 1/2 stories at work and messed his back and legs up. No Insurance, no Comp. No disability No Help for this. Someone Out There Please Help!!!! Helpful reliable information only, highly appreciated.
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Voting Question: Can I force an attorney to file signed divorce papers with the court? Yes, the attorney has been paid in full!?
(Mon, 29 Dec 2008 21:04:51 GMT)
I thought I was divorced. Over a year ago both parties agreed to a non-contested divorce, we both signed the papers, the attorney signed and the papers have been notarized. I have a copy of the original papers. Since we had agreed on a non-contested divorce and came to agreement on everything we have one attorney (which I paid for in full).The attorney has been holding these papers for my ex-wife for over a year so that she could remain on my insurance. She is receiving disability and still has not been approved for medicaid/medicare. I have recently started new employment and have changed insurance as well. I did not put her on the new insurance, hoping she would go ahead and have the attorney file the divorce papers. BUT, they now have sent me a new set of papers that includes alimony and other minor bills. My ex walked out after I told her I wanted a divorce over 15 months ago took our young daughter with her and moved over a hundred miles away from the family home with out my consent. My question is are the papers we signed not binding as a contract? How can I get this divorce final so I can move on with my life? (we was married in '95 and both live in TN)
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Resolved Question: upset about my attorney workers comp .what do you think?
(Sat, 13 Dec 2008 18:23:25 GMT)
hi i have my case for over 8 months now ,broke my foot working insurance has always denied my claim ,so my doctor is requesting surgery which they have never approve ,so im receiving money from state disability .ok..last so far nothing has been done to my foot .nothing....i went to a settlement hearing with my attorney , and i ask him why is insurance has not approve my surgery .he responds insurance was not aware of it ..?? what ,,,what ,,,i tough that this meeting was for this to settle the surgery and future care ,so why did my doctor told me that i need to go to court when ,nothing was done i have to wait 7 more months for another meeting so whats up with this attorney...hes from larry h parker firm.....
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Resolved Question: Is Spinal Stenosis serious?
(Thu, 27 Nov 2008 22:53:57 GMT)
I herniated a disc (L4-L5) a year ago at work. After a year and a half of pain, problems, work comp docs, insurance companies, attorneys, and a settlement, not once was my spinal stenosis mentioned. It wasn't until I had a second opinion (1 month ago) I would have never known about it. The doc said it was at the same level as the h.disc and was severe. So, why did none of the previous professionals mention it? Is it not serious enough to be considered a disability?
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Resolved Question: Is there any leverage on my Lawsuit Case in which i can get 2 thousand dollars right now ? ?
(Tue, 04 Nov 2008 15:33:08 GMT)
I was involved in a car accident back in february 2006 i was the front seat passenger since then i have not worked the accident happened in the state of New Jersey i am only 27 years old but the accident really damaged my back and neck so therefore i had to start getting welfare until i can get my ssi or disability i have my own apartment in which welfare pays for and a few utilities the problem is my accident lawsuit has been going on every since and i don't see it going anywhere and i really need some advice i borrowed a loan at the beginning of my lawsuit of 5 thousand dollars now its 2 in a half years later and now the loan is 11 thousand my case just went to arbitration in July and i was awarded 20 thousand but it was appealed by the insurance company now my attorney is telling me my trial date is in december and that may be pushed back and right now even though welfare is helping me i am ready to settle this thing and walk away with 2 thousand but he is telling me they only have 11 thousand on the table and he keeps bringing up the loan and i gotta pay him and i know that but i need 2 thousand bad and i am in physical condition too work what can i do keep in mind I already used a cash advance already and now that it is 11 thousand other cash advance loans will have to buy out the 1st one which none of the other loan companies want too do that
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Resolved Question: HELP:::"workers comp ,state disability checks ending?
(Wed, 22 Oct 2008 07:16:27 GMT)
in 4 more weeks my doctor will release me sending final report to my attorney cause we going to court n 2 more months ,so no more income for me .i have never receive checks from insurance cause they have always Dennie my claim so state step in.but with final report my state disability will end till i go to court cause im still broken knee.so got fired from this job that im suing so can i get unemployment? in california it said that i have to be physically good but im not.were in the government can i get help?
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Voting Question: I have a Lawsuit that been going on for almost 3 years and i need some Cash now what should i do ?
(Mon, 20 Oct 2008 23:55:16 GMT)
1st Off My Attorney is being a Jerk but my Lawsuit is so far from the beginning that i can't get another attorney i was in a auto accident 2-02-06 i was the front seat passenger heading to work we've got rear ended by a commercial truck my driver insurance is the same as the truck insurance that hitted us however during the 1st 3 monthes of being out of work my mom got in trouble in which i had to borrow a loan of 5 thousand dollars so my attorney could get her off now its 2 years and 6 monthes later and my loan is now almost 12 thousand at this point all i want is 4 thousand but he's being greedy and i think he's holding out on me my case has not settle yet i went for arbitration in july and was awarded 20 thousand however he told me the insurance company and we has 30 days to appeal that decision however i told him not to appeal it but on the 30th day he told me they (being) the insurance company appealed the decision everyone is telling me it is rare a insurance company is gonna appeal 20 thousand dollars which is chump change to them this way i wouldve got my 4 thousand so recently i went to his office and he told me it will have to go to trial because they are only offering 11 thousand and that wont even take care of my loan and besides all that he told me a few monthes ago he would get me some relief on my loan now i gotta wait until late december to go to court and i have bills due now besides that i can't work because i have a disbility lawsuit case going on now with a seperate attorney welfare pays my rent and a few other things until my ssi disability kicks in but i need some money now to pay some bills at this point i just want 2 thousand should i ask him to get me 2 thous or try and get another loan but not from him from somewhere else ?
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Resolved Question: Workman's Comp settlement question?
(Sun, 28 Sep 2008 00:07:30 GMT)
Hello, The workmens comp commissioner and my employers attorney recently ruled in favor of me and my injury is now covered under "Workmens Comp", my question is, when my final disability is calculated will they have to compensate me accordingly? I only "Lost" some vacation and sick time when recuperating so no salary was lost. They told me that they will "Administratively" correct my sick/vacation time records to reflect "Workmens Compensation" coverage. Am I eligible for any type of "Settlement" in Connecticut under this insurance? Thank you! I suffered a broken femur and will probably have some permanent partial disability for life.