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My case settled 4 months ago and my lawyer has not cleared the lien because they are waiting on a amount from DSS. And i have not received notice by mail of this lien from DSS.
answered on Dec 9, 2024
There's nothing inherently illegal about leaving the figure blank, especially if your attorney does not know the amount of the lien. If you were a recipient of public assistance, NYS would have a statutory lien against the settlement proceeds which must be paid before the settlement proceeds... View More 
My case settled 4 months ago and my lawyer has not cleared the lien because they are waiting on a amount from DSS. And i have not received notice by mail of this lien from DSS.
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answered on Dec 10, 2024
I'm sorry to hear about the difficult and confusing situation you are facing. In New York, it is generally permissible for government agencies, such as the Department of Social Services (DSS), to place a lien on a personal injury settlement to recover costs associated with providing services.... View More
What does one have to do to get a pseudomeningocele that's affecting vision taken care of in the hospital through the emergency room because they have no insurance. Please don't say to get Medicaid or the sort. Aren't the rules and regulations different when it comes to vision?
answered on Dec 3, 2024
In addition to the good points raised by my colleague, hospital social workers/patient advocates often have the most insight into settings that fall outside the hospital's regular billing and collections. Traditional billing and collection departments in a large hospital are often fast-paced,... View More
What does one have to do to get a pseudomeningocele that's affecting vision taken care of in the hospital through the emergency room because they have no insurance. Please don't say to get Medicaid or the sort. Aren't the rules and regulations different when it comes to vision?
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answered on Dec 2, 2024
I'm sorry to hear about the serious health issue you're facing. Navigating emergency medical care without insurance can be challenging, but there are specific steps you can take in New York to receive the necessary treatment for a pseudomeningocele affecting your vision.
Under the... View More
In NY, monroe, couple days ago I hit a side mirror to a man,In my report I said I was using phone and did not see him. I got GEICO report now where I have to share my story, and my plan is to say that "I was driving north of still road and the pedestrian was walking southeast of Still road.... View More
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answered on Dec 2, 2024
I'm sorry to hear about the accident you're experiencing. Handling your GEICO report accurately is critical to ensure a fair assessment of your claim and to protect your interests.
When completing an insurance report, it's important to provide a clear, truthful, and detailed... View More
In NY, monroe, couple days ago I hit a side mirror to a man,In my report I said I was using phone and did not see him. I got GEICO report now where I have to share my story, and my plan is to say that "I was driving north of still road and the pedestrian was walking southeast of Still road.... View More
answered on Dec 6, 2024
Whatever you do, do not lie in your report to GEICO. If you have already told police you did not see the pedestrian, and presumably you told the police the truth, to now tell GEICO a different story could cost you your insurance coverage. You have a duty to cooperate with your insurance company and... View More
A person made a non-recorded inflammatory comment to my now deceased mother, along the lines of telling her to shut up without saying those exact words. My mother was dying at the time. When she refused communicating with her, this same person sent a handwritten note scolding and berating my... View More
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answered on Nov 29, 2024
I'm sorry to hear about the difficult situation you've been facing, especially during such a challenging time after your mother's passing. I hope the following information provides some clarity and guidance.
Please note that this is general information based on the details... View More
My parent died of cancer years ago but the latest damaging action by the offending party happened this calendar year. Prior to death, person spoke to her she could not express opinion without she asked her to. Then mailed a dismissive handwritten card when they stayed away. At the funeral, this... View More
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answered on Nov 26, 2024
To begin with, you mentioned that the incident happened years ago. Generally speaking, with some exceptions, personal injury actions (not medical malpractice) commenced against a non-municipal defendant have a three year statute of limitations. Additionally, based upon the fact pattern you... View More
My parent died of cancer years ago but the latest damaging action by the offending party happened this calendar year. Prior to death, person spoke to her she could not express opinion without she asked her to. Then mailed a dismissive handwritten card when they stayed away. At the funeral, this... View More
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answered on Nov 29, 2024
I'm sorry to hear about the distressing experiences you've been facing, especially during such a difficult time after the loss of your parent. I hope the following information provides some clarity and guidance on your situation.
Please note that this is general information based... View More
My parent died of cancer years ago but the latest damaging action by the offending party happened this calendar year. Prior to death, person spoke to her she could not express opinion without she asked her to. Then mailed a dismissive handwritten card when they stayed away. At the funeral, this... View More
answered on Nov 26, 2024
Sorry to hear what you're going through. Generally speaking, to bring an action for negligent or intentional infliction of emotional distress, you need to demonstrate conduct that is "so outrageous in character, and so extreme in degree, as to go beyond all possible bounds of decency and... View More
I received a settlement offer from Worker's Comp.
However, there is a stipulation in the settlement paperwork that states that I can't apply for SSDI FOR AT LEAST 30 MONTHS AND CANNOT RETURN TO WORK TO THE SAME PLACE IFI ACCEPTTHIS OFFER. Is it legal to bar me from applying for... View More
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answered on Nov 29, 2024
I'm sorry to hear about the challenges you're facing with your Workers' Compensation settlement. Navigating these complex issues can be stressful, and I hope the following information helps to clarify your concerns.
Disclaimer: This information is based on New York law and is... View More
Im suing a funeral home/cemetery for negligence mishandling and recklessness and my lawyer wants to settle for 150,000
answered on Nov 15, 2024
There is no limit on how much you can sue someone for. That said, both the trial court and appellate court can reduce a verdict if it "deviates materially" from what would constitute fair and adequate compensation for the alleged harm. Speak with your lawyer and ask why the settlement... View More
Im suing a funeral home/cemetery for negligence mishandling and recklessness and my lawyer wants to settle for 150,000
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answered on Nov 29, 2024
I'm sorry to hear about the difficulties you're experiencing. I hope this information helps clarify your concerns.
Please note that this is general information based on New York law and is not intended as legal advice. For personalized guidance, please consult your attorney.... View More
I have a large pseudomeningocele caused by a csf leak that is very symptomatic. (symptoms are active) I also have h.o.d. which is not symptomatic. My pseudomeningocele is getting worse daily, but every time I go to the emergency room they blame the h.o.d. and don't admit me. I need to be... View More
answered on Nov 7, 2024
I'm sorry for your ordeal. You may have already explored various avenues for coverage if you are without insurance and have been dealing with this on a long-term basis. One option could be to try to contact social workers at the hospital. Another could be to look into public plans, whether... View More
I have a large pseudomeningocele caused by a csf leak that is very symptomatic. (symptoms are active) I also have h.o.d. which is not symptomatic. My pseudomeningocele is getting worse daily, but every time I go to the emergency room they blame the h.o.d. and don't admit me. I need to be... View More
answered on Nov 11, 2024
Sorry to hear what you're going through. As my colleague correctly advised, you need to get some form of health insurance, either through Medicaid or the marketplace, https://nystateofhealth.ny.gov/
That said, you cannot dictate to any medical provider how you should be treated -... View More
I have a large pseudomeningocele caused by a csf leak that is very symptomatic. (symptoms are active) I also have h.o.d. which is not symptomatic. My pseudomeningocele is getting worse daily, but every time I go to the emergency room they blame the h.o.d. and don't admit me. I need to be... View More
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answered on Nov 29, 2024
I'm sorry to hear about the difficulties you're experiencing in accessing the medical care you need. Dealing with a serious health condition like a symptomatic pseudomeningocele can be incredibly stressful. I hope the following information helps clarify your options.
Disclaimer:... View More
I wa sent to a boarding school now shut down by FEDS for abuse etc and they forged documents there to get the NYS BOE to pay for me being there. I never once met with Anyone from the BOE they had a special education plan fore me which was not followed at all this boarding school took me out of... View More
answered on Oct 28, 2024
Sorry to hear what happened to you. The Child Victims Act created a window in which to bring lawsuits against entities such as the DOE (or perhaps the boarding school) for abuse you experienced as a minor. Unfortunately, the deadline by which to bring any such lawsuit expired in November 2023.... View More
I had a WC case settled on medical. I did have a lien from WC case in NY. My personal attorney used lien money to leverage the settlement be a higher amount which I understood. During mediation she found out the numbers were incorrect, I lost out on significant amount of money. Now she is... View More
answered on Oct 8, 2024
It is not uncommon for the lien amount with which you negotiate a settlement is different than the final lien amount. That said, the attorney should arguably take reasonable efforts to get an updated lien amount before engaging in settlement discussions (and finding out whether you settled the... View More
It was a car accident in queens against DOT, I had surgery .
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answered on Oct 7, 2024
That does seem a bit long, but honestly, for the NYC area, and with the defendant being a governmental entity, it is not uncommon. A lot would depend on whether there was "motion practice", which could delay the case by many, many months if the court is congested. If you believe your... View More
It was a car accident in queens against DOT, I had surgery .
answered on Oct 7, 2024
A 2016 case - that seems like a long time - I agree with my colleague there. If it was a Department of Transportation vehicle, that could make for a long timeline - especially if liability was contested. On the other hand, if the Department of Transportation context is based on your case involving... View More
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