Shoreline

Hey Blue, Did they terminate your salary benefits and your medical or just your salary. Did you try to go back to work and report the problems you were having. Your lawyer should be able to ask for a hearing with the industrial commision but you do need supporting medical veiws that say your unable to work. Unfortunately the best thing to have done would have been to attempt to return to work and then explain to the comp docs what you experienced when you tried.

If it's any comfort, most comp settlements with permant injuries, include your agreement to be terminated and not seek unemployment. Since you haven't gone the unemloyement route, if you feel you can find something you can do, you may be eligable, it's worth looking into. But you can't do both, collect unemployemtn in one hand saying your looking for work, and seek benefits in the other claiming your unable to work.

I understand not being able to do what the comp docs request, but you do have to show you tried. You can fire your comp attorney if he isn't doing his job but do get legal advice from another atorney before you dismiss the old one. He may have already filed for a hearing with the industrial commision. Without income you also may qualify for state benefits if you have a doc that says your unable to work and your household income falls below the requirement.

You do have some options, but you have to do the leg work which isn't easy when your injured. Remember, the squeeky wheel gets the grease, If you have to sit in your attorneys office untill you get an answer as to what to do next, that's what you need to do. Comp atorneys know there is a cap on what the can charge and some attorneys aren't the most honorable people you will meet.

As far as social security, if their docs have cleared you for work, they won't be much help as far as supporting your claim that your permanantly and totallly disabled and this will last longer than a year. If you have already been out 8 months or whatever the most recent law is, you can likely go ahead and file but you do need your own docs to support your claim. I would sugest getting your own Independnet medical eval. I have seen where folks talk about comp sending them for an IME but it's really not independent if they are comp providors. A comp docs job is to return you to work, otherwise they won't retain the lucrative comp contracts if their return to work ratio is too low.

If your payng for the IME, the doc should be more patient friendly rather than employer friendly. They tend to be friendlier to whoever is paying the bill.

Good luck, Dave