Q: How does sdi lien effect ttd?
My claim was denied and filed for sdi. My sdi lien is effective as 3-1-17.
I saw qme in September of 2017 and wanted mri done and will send his supplemental report. He did his report in June of 2018 and list mmi date back to the day of evaluation.
My ptp has ttd from April 2017 until currently.
The second qme was last week and has me ttd until reviewing mri and treatments.
I have not received any benefits from insurance carrier and the judge wants to see the current qme report.
Will there be any retro ttd or sdi lein? Which date does ttd begin?
A:
First, if there is retro TTD, it will be used to pay EED, so there will be a lien for payments beginning 3/1/17. In other words, there will be no additional money for you for 52 weeks. However, TTD is paid for 104 weeks, so after EDD is reimbursed, you should get TTD payments from the last payment of EED benefits to date based upon the PTP reports. Additionally, your SDI will be whole, so should the need arise, you can once again get EDD payments for one year when and if you qualify.
The issue with your case is that the PQME and PTP disagree regarding TTD status. The second QME has yet to weigh in by drafting a final report. In cases like this, if the parties cannot agree to a MMI date, the issue will have to be decided by a judge. Needless to say I can only speculate, which does you no good. Judges are usually uncomfortable with retroactive MMI dates when benefits are paid, which should help. A good approach is to speak with EDD and defendants to see if there is some type of compromise on payments, maybe a split or something similar. EDD often waives over payments or credits when there is a conflict in the medical record. Hopefully, you PTP reports are solid. Otherwise you will have difficulty.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
