Am I Getting Wrong Advice from my Attorney

[lynnsy]

Bugmann,

Next question. How far do insurance surveylance people go? Can they trespass onto my property? Can they put camera's on my property? I don't believe they can trespass. If they do surveylance, they can only go so far correct? Can they enter my home, or property? Do they tap your phone?

[aaron]

They're not entitled to trespass or to tap your phone.

[bugmann]

Hi Lynnsy, Well I believe insurance companies to go as far as they can get away with, when dealing with surveillance, however if they obtain footage by illegal means a lawyer worth his salt will have it thrown out as evidence for court needs to be gotten in a lawful manner.

Privacy law will vary from State to State I know there are states where once you are in your home everything you do is off limits. There are states where it is lawful for an investigator to use surveillance that he gets from a public street even if you are inside your house with the door open. Today's camera lens are OUTSTANDING!!!

We now are treading on un chartered waters with the Patriot Act when dealing with surveillance. I know of an American Citizen drug dealer who is doing 30 years because the government found a loophole in the Patriot Act. This act was to protect us from terrorist I think there is a distinct difference between a terrorist and a local drug dealer, but nevertheless he is no longer a free man. Can they draw the same distinction from a "suspected" WC fraudulent claim and being a terrorist, I would hope not but those jokers in Washington are taking no prisoners and they are watching whom ever they feel like, they ARE tapping phone without a warrant to get the Intel to be in the right place to get real evidence, it is NOT limited to terrorist acts either and that should concern us all!!!

However in your case I seriously doubt that you will be pulled into a clause under the Patriot Act, but I think the drug dealer mentioned above also felt that way. I am sure that once you are in public view that you have NO right to expect any privacy therefore are subject to being taped and it being lawfully gotten to use in court. So anytime you are outside play it safe and assume they are taping you,

I would "keyword" Privacy in your state and county and see what comes up as far as what rights you have to privacy in Col. I believe that's where you said you were. If you need a link to a helpful law site that a lay person can understand send me a private message and I will return it to you

Bug

Bugmann,

Next question. How far do insurance surveylance people go? Can they trespass onto my property? Can they put camera's on my property? I don't believe they can trespass. If they do surveylance, they can only go so far correct? Can they enter my home, or property? Do they tap your phone?

[bugmann]

Hi Lynnsy, If your impairment is expected to last at least 12 months then you are entitled to file for SSDI/SSI benefits.

I have a self help page that guides you through the process. It helps a claimant from making the commonly made mistakes that can cost a claimant their disability benefits. It has articles such as 15 Mistakes you must avoid when filing for disability, Winning in 3 words, Winning your case based on Chronic pain. Many others like How to talk to do Dr and win his support, David & Goliath all are worth reading if one is even thinking of filing for SS disability.

Also the sooner you file the sooner your date for back benefits begin. Your back benefits begin the day your app is filed with the SSA not the day you were first injured.

Keep in mind this all becomes moot if you do any substantial work.

BUG

PS Bugmann,

I forgot. Should I start the wheels rolling on Social Security Disability benefits? I realize it takes a long time, and have to jump many hoops with SSA also.

[bugmann]

I know what you mean by those late night TV ad for lawyers seeking injured people. I call them ambulance chasers. As you are now seeing there is a sales and service side to a professional service such as what a lawyer offers.

I dont want to get into the middle of your legal agreement that you think you may be bound to, but most WC/ disability lawyers work on a contingency. For this kind of lawyer to put a clause such as "If you fire me" you will pay boo coo bucks an hr to me sounds like a threat to have you retain his services. This doesn't sound to me to be a standard clause in a reputable law firm contract!! One call the the BAR in your state will tell you if such a clause is lawful, and I wouldn't be surprised to hear that it is not lawful. His contract can say anything however if he peruses to hold you to an illegal act he will get tossed out of court. YOU NEVER want to feel as if you have no choices because you just may. If you feel unhappy with what he has done then you should at least consult with a KNOWN EXPERT in this field!!!!!!!!!!!!!!

I did a research paper of WC fraud and did you know that 99% of all WC fraud is committed by the professionals Lawyers Drs etc not the 1 in 10,000 injured worker who malingers his symptoms.

There is NO WAY anyone can anticipate permanent disability !!! The back is a funny thing one day for no reason you can wake up and all your pain can be gone, and on the other end it can hurt to high heaven with no apparent cause????? For a Dr to write that to me seems bizarre

I hope that your job quest goes well and that it brings you much success, however you must listen to your body when it is talking to you. Extreme pain your body is screaming at you to slow down or stop before you do some serious damage. You also may have scared nerve tissue this happens when a nerve continuously fires to signal pain to the brain. In this case even if the underlining condition is corrected you still have the extreme pain. Its like the amputee whose missing leg is extremely painful. Its the nerve telling the brain the leg is in distress but we all know that cant be the case as the leg has been removed.

I want your pain to end but at this point I would precede cautiously as surgery may leave you worst off than you are now, ( I know you may not think that's possible but it is. More so if you have nerve scars from it firing extreme pain signals. All I am suggesting is to think about what I am writing here and weigh it in the mix and I will support what ever you feel is the best way top go.

I would think if you go outside the WC arena and see your own Drs you may not be entitled to TTD through wc as the treating WC Dr would need to be the one who is directing the medical care. As I have suggested before to answer these technical issues we are much better off setting an appointment to IM or web cam that way You can have a list of questions and we can go through them one at a time on your states WC legal page I can share with you what I find on the legal records and maybe this can help point you into the right direction as to what you need to be asking of your legal representative. I am neither a lawyer in Col nor a legal expert on work injury. I only am here for support and to share what expertise I have learned over the years in dealing with such cases.

Good luck

BUG

My attorney (his law firm) is highly recommended here in Denver. I didn't just grab him from one of these idiotic commercials a person see's on TV. In fact they have a talk show on a local radio station every morning. This doesn't mean crap though as I am seeing something totally different. He absolutely doesn't communicate with me. I don't have a clue as to what is going on now. Problem is, is that I have to stay with him. I can't fire him. I read through my contract with him and if I fire him I have to pay him $350 per hour for time already put into my case, $250 and hour for his paralegal, $150 per hour for misc. court docs, etc.. I can't imagine what that total would be if I fired him, due to I have had him for 6-1/2 months! I haven't seen much of anything that he has done for me, but Lord knows, I'm sure he would list things on that total bill that I didn't have a clue that he was doing. And he would win!!

Everyone of the doctor forms that I received from the WC general physician stated "Anticipate Permanent Dissability". What does that mean? That's how she left it.

And yes, I am a very strong person mentally. If I get a job, I will be performing under pain, due to a financial hardship. I refuse to lose everything, myself and my husband have worked too hard to get to where we're at. When the WC doctor signed off on me working (3-1/2 months ago), I absolutely could not of performed anything, it was rediculas and out of the question for her to think so, and she knew it... I told my attorney at that time, "Yeah, if they want to put me in an ambulance laying down, driving me down the mountain, then putting me in a reclyner on the job, and placing a laptop in my lap, and hooking me up to a potty bag, then I could probably work". Yeah, I'd say this doctor works for the insurance company and work-comp, big time!!!

I have been through 6-1/2 months of numerous doctors and surgeons. Two surgeons referred by the WC physician said I need surgery. I did four cortisone injections, physical therapy (which after three visits stated, they can't do me any good, that I need surgery to repair my back, then physical therapy). Now, everything has stopped. May was the last time I saw the WC physician. That was when I was scheduled with her for my pre-op (surgery was to be done in the first week of June), when she walked into the room as I was being examined with an EKG, and said "we have to stop, this hasn't been approved yet". Her form though that she filled out that day stated again, "Anticipate Permanent Dissability". That's the last I have seen of them. So what in the heck is going on?

Is it really worth it to wait out this stupid game, is it going to end soon? I mean really soon. If it were you, would you get a job of some sort, or wait...

The only comfort I get is knowing that my insurance company is going to take care of me physically. If I have surgery performed by my insurance company, will the w/c benefits start rolling in again? Seems like it would have to, just due to the fact this is a work related injury.

[lynnsy]

Finally had a call from my attorney. Looks like he wants to get things wrapped up in the next two weeks. (I'll believe that when I see it) He also told me something that made me absolutely sick to my stomach. My privacy has been invaded. He said they think they've got the "smoking gun" on me. My attorney thinks different. They have a video of me out in the front of my driveway, assisting my husband on patching a hole. It was on 9/7, (injury was 3/26) took them six months of surveilance to "think they got something". I had a lawn chair to sit in at the entrance to our home, sitting in it, but standing once in a while to "stomp" down the asphalt patching product. I squatted once in a while to move the product evenly, then to walk over it to compress it. But would then go to my chair to sit down. I told my attorney that I had my back brace on and was doing pain pills. He said "it shows you getting up and sitting very slowly, putting your weight on the arms of the chair before trying to sit". I also got very angry (knowing that my privacy had been invaded) and told him "Did they get any video of me laying on the couch for a week afterwards?" He said the last idiot WC surgeon that I went to said "Patient cannot bend over". I told him that was a lie! This doctor wanted me to touch my toes, I couldn't touch my toes, but I went as far as I could. It was the standing back up slowly that was incredibly painful. So my attorney said, "you were bending over in the video". I said "yes, but I was in a lot of pain doing it". I said "what do they expect, for me to lay on the couch and bed for 6-1/2 months strung out on drugs?" Life goes on and I do things but in pain. I don't do anything really stupid, cause I can't!!! Bottom line, I JUST WANT TO GET FIXED!!!

We saw this idiot up on the hill in a green van that day. My husband and I were making jokes about it with one of our neighbors that was walking her dogs by, so we smiled and waved at the idiot. Where we live, I'll see them before they see me. We know every vehicle that lives up here, and we sit on 3 acres. I suppose they're done now, knowing that I know about the video.

Then he (my attorney) said, "Thank god, the MRI's and x-rays don't lie". This whole thing is making me absolutely sick. The only comfort I get is knowing that my personal insurance is going to take care of me.

[bugmann]

Hi Lynnsy, When a claimant files a WC insurance claim it should be understood that certain things "may" happen. Such as surveillance to verify extent of injuries that are claimed to be present. First you were not under constant surveillance for 6 months, in most cases your information was given to an insurance investigator and he randomly selected times to keep an eye on you. I believe you are over reacting by saying your privacy has been invaded, as for one you were out side in view of the public where there is no expectation of privacy, and second you are actively filing a claim of disability. At any time during the claim of disability if you are video taped in contradiction of the symptoms you have reported then you lose much "credibility" which you need to show in any subjective claim such as in a back condition. However not only is what you were doing considered but how you were doing it. That's the beauty of video as it shows it all unless it is edited by an expert trying to prove his/her position which an investigator is doing.

Of course the insurance company is uninterested in your suffering time, and as you say " "what do they expect, for me to lay on the couch and bed for 6-1/2 months strung out on drugs?" Life goes on" and it appears that what they want from you.

You should have a little more respect for the profession of investigators, they may be annoying but they are far from idiots! I would imagine as long as you have an open claim for disability benefits under WC you will be subjected to investigations.
Yes you are correct in that studies such as MRI's don't lie and they apparently show imperfections which are subjective as they effect each of us differently, and the investigator is attempting to show that your symptoms are less than you reported. You will want to maintain as much "credibility" as you can as long as this is on going. Yes not knowing when one will be spied upon is unsettling and that's all part of the insurance carriers job when they feel the case is dragging on longer than needed.

Some of the actions and things, you post of your lawyer concerns me as to his professionalism?? They seem bizarre.

In any case I hope you are feeling better today, and try to keep your cool as getting all worked up will only increase the severity of your symptoms.

Good luck

BUG

Finally had a call from my attorney. Looks like he wants to get things wrapped up in the next two weeks. (I'll believe that when I see it) He also told me something that made me absolutely sick to my stomach. My privacy has been invaded. He said they think they've got the "smoking gun" on me. My attorney thinks different. They have a video of me out in the front of my driveway, assisting my husband on patching a hole. It was on 9/7, (injury was 3/26) took them six months of surveilance to "think they got something". I had a lawn chair to sit in at the entrance to our home, sitting in it, but standing once in a while to "stomp" down the asphalt patching product. I squatted once in a while to move the product evenly, then to walk over it to compress it. But would then go to my chair to sit down. I told my attorney that I had my back brace on and was doing pain pills. He said "it shows you getting up and sitting very slowly, putting your weight on the arms of the chair before trying to sit". I also got very angry (knowing that my privacy had been invaded) and told him "Did they get any video of me laying on the couch for a week afterwards?" He said the last idiot WC surgeon that I went to said "Patient cannot bend over". I told him that was a lie! This doctor wanted me to touch my toes, I couldn't touch my toes, but I went as far as I could. It was the standing back up slowly that was incredibly painful. So my attorney said, "you were bending over in the video". I said "yes, but I was in a lot of pain doing it". I said "what do they expect, for me to lay on the couch and bed for 6-1/2 months strung out on drugs?" Life goes on and I do things but in pain. I don't do anything really stupid, cause I can't!!! Bottom line, I JUST WANT TO GET FIXED!!!

We saw this idiot up on the hill in a green van that day. My husband and I were making jokes about it with one of our neighbors that was walking her dogs by, so we smiled and waved at the idiot. Where we live, I'll see them before they see me. We know every vehicle that lives up here, and we sit on 3 acres. I suppose they're done now, knowing that I know about the video.

Then he (my attorney) said, "Thank god, the MRI's and x-rays don't lie". This whole thing is making me absolutely sick. The only comfort I get is knowing that my personal insurance is going to take care of me.

[lynnsy]

Tell me more of what you think about my attorney. I would like to hear your concerns. Personally, I just think he's waiting for the end result MONEY. The only thing I care about is my health and happiness. I am so excited that MY personal health insurance is going to take care of me, I'll get fixed finally, get on the road to recovery and go back to a new job. Like I said on my very first posting, I will never ever report any injury on the job again. This has been the most rediculas thing I have ever been through. I have never waited so long to have health issues taken care of. I get sick, I go to the doctor, I get fixed.

When I told my attorney that my personal insurance was going to take care of me, he got rather quiet. Why?

[bugmann]

Hi Lynnsy Your lawyer may very well be waiting for this case to wind down. I cant point my finger on exactly what seems so bizarre about your lawyer expect what you quote his as saying. To me it seemed inappropriate

As I have said many cases of chronic pain (persistant pain for 6 months or longer) rarely improves no matter what insurance you may have to cover the cost. This thread is extremely long and I have pointed out what I felt pertinent. I believe I have said that it would be a mistake to not report a work injury because by not you are committing insurance fraud when asked if treatment you seek is related to an auto or work injury? Should the paying insurance learn at a later time that you didn't report a work injury and choose to deal with it through private insurance you may end up paying the entire bill should the time limit to file a WC claim expire. By law you need to follow protocol if injured at work. Once medical care under WC has been exhausted ONLY then can your private insurance cover the injury as a pre existing condition providing you have meet that insurance companies pre existing clauses.

You bet there are cases where using WC may cause more harm to your over all health, I assume that's why both employers and their WC Drs are protected from law suits under WC law. You just cant sue them for their actions in most cases. I have heard of only one VERY rare case where a law suit was successful against an employer dealing with more than a WC claim over medical care and an employers actions!!!

As I have said theres nothing more I would like to hear than you are back on your feet and enjoying life as you should, but every back condition has its own merits and not all can be brought back to pre injury status.

I wish you all the luck in the world

BUG

Tell me more of what you think about my attorney. I would like to hear your concerns. Personally, I just think he's waiting for the end result MONEY. The only thing I care about is my health and happiness. I am so excited that MY personal health insurance is going to take care of me, I'll get fixed finally, get on the road to recovery and go back to a new job. Like I said on my very first posting, I will never ever report any injury on the job again. This has been the most rediculas thing I have ever been through. I have never waited so long to have health issues taken care of. I get sick, I go to the doctor, I get fixed.

When I told my attorney that my personal insurance was going to take care of me, he got rather quiet. Why?

[lynnsy]

I'm thinking you're not understanding what I am saying. First, yes I have told my personal health insurance company the absolute truth about what I am going through right now with my back. They said they will take care of me now that work-comp has refused surgery. (I have to take that letter in with me at a appointment with my personal physicians, also my MRI's and x-rays) I am very excited about being able to be taken care of by people I have trusted over 21 years. Whatever they want to do to my back, "I will put my back in their hands, 110%". I've been absolutely bummed since the date of injury that I could not see my personal doctors. From day one when I was sent to a physical rehab. center instead of a real physician, not being able to walk in excrutiating pain, him telling me to basically "take two asprins, and get some rest", I knew I was in trouble. I was not going to get proper care through workers compensation. It took 5 days before they finally ordered me an MRI, you talk about HELL!! Then they (wc) finally realized the severity of my injury. At any rate, I can't wait to get the ball rolling with my insurance company. It's the only thing that keeps me sane. Knowing that I'm finally going to be fixed, and I can get on with my life and get a job. I really don't give a #$@& what happens with court, work-comp, money or my attorney any more. All I care about now, is my health needs, and getting my life back!

But yes, in the future I will not report any injury to a job, sorry.. Unless it's totally obvious or witnessed. I will not go through this again, it's totally rediculas. Aww yes, I did the injury at home. That will be my story, and I will stick to it!!! These people don't give a $#@& about my health, happiness or well-being. I'm too old for these games they are all playing. All they care about is collecting another months premium from my x-employer, depositing it into the stock market and the CEO's getting richer!! I shiver at the thought of "what would of happened if my arm would of been chopped off"? Workers comp only works for the insurance company, and the employer, not the injured employee!!

I have a heart condition, and I've been taking more than my perscribed amount of heart medicine due to the enormous amount of stress I have been going through with this crap. With what I'm going through, I am taking a great chance of having a heart attack. My daughter and Husband are very worried about me. They are the ones that have convinced me to "ignore what is happening, go in to our doctors, get fixed and most of all BE HAPPY AGAIN!!!

I'm sorry, I'm not mad at you, I'm just very angry at this rediculas situation. Atleast now, I can look forward to being fixed.