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Old 11-24-2006, 02:37 PM #1
RSI sufferer RSI sufferer is offline
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Default how to get my attorney to get my awarded medical tx?

I'm in California. My case has just settled about a month ago. However, there's still a big problem: I'm still not able to get *any* of the medical tx that was awarded me by my AME in his report over 6 months ago. And my attorney is not getting it for me. What to do?

My doctor's office has been contacting my adjuster repeatedly about this, who will not respond to the prescription & accompanying page of the AME report that they send over. I've been repeatedly contacting my attorney, calling and writing, documenting what's been going on, explaining that even though this tx was awarded me in the AME report and I have a prescription, etc., it's still not getting authorized as it should be -- all to no avail.

My attorney's response each time, about 10 times now, is that she'll call the defense attorney and that he'll take care of this problem within a few days -- but then the problem's still there. This has been going on for 6 months.

I keep saying, "It's still not getting resolved."

No other attorney will take my case, as it's just settled.

So what are my options here? I've heard that many WC attorneys simply will not hold the insurance company's feet to the fire about medical tx -- even when it's in the AME's report that it must be awarded! -- because it's extra work that the attorney's not getting paid for. My local I&A office says that this is a common problem.

But I need this treatment, and I'm getting worse as I wait. And I've been awarded this treatment by the AME. And I can't get it, and my attorney's not getting it for me.

What to do? How can I get my attorney to do this? Can I report my attorney anywhere? She's the head of her own firm.

I hate to fire my attorney and go without one at all, particularly when this is work that IS part of my case, which she's being paid for.

(Oh, and by the way, I did bring this up with my attorney at the Settlement Conference. Her response was that the defense attorney would resolve it within a few days.)
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Old 11-24-2006, 05:20 PM #2
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All I can think of is contact you state workers compensation board.

contact them via email and letter and calls - they should have the most input now to make sure the awarded tx is up held.
take notes of names and dates contact was make with anyone you write, save cc of emails and take note of who you talk on the phone with.
If all else fails contact the governator...
repeatedly.. with your story
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Old 11-26-2006, 10:11 PM #3
HopeLivesHere HopeLivesHere is offline
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Now, I can see why a medicare set aside is needed.
Please read my thread on that & maybe it will help you.

Maybe not, if you've already settled, but your lawyer can answer
any questions you may have about it...........Hope
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Old 12-18-2006, 12:36 PM #4
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Good news -- I finally got it. (nine months later! insane... I'm sure I wouldn't be doing is badly now if I'd been getting the treatment I was supposed to get)

Others here may already know this, but I didn't -- I started getting results after I began to send letters to my attorney instead of calling. I hadn't done that as much before (mostly because I hadn't had voice-recognition software).
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