Author | Subject: I had my permanent total disability hearing |
jimchudy | Posted At 13:17:51 01/21/2001
I could not believe the hearing took only 8 minutes. The other side had no one at this hearing. A quick review of our position was all that was made. Our attorney asked the judge if he wanted further explaination an any issues and he ansewered, it was not necessary. I realize 8 minutes was not much time for such an important decision. The time allocation is 30 minutes for this type of a hearing. I do not know what the outcome will be, but I am hoping the best. When evidence is filed for these types of hearings, the judge reviews it and sometimes makes a decision without a hearing because the evidence is sufficent from the reports on file. We requested a favorable decision without a hearing, because we felt the documentation was strong enough to support this. The hearing was still set. I AM ONLY READING BETWEEN THE LINES, but hoping I am right. This case has no inconsistenties from evidence over time. Workers comp IME states permanent, not employable because of condition(s) of record. Out docs also say this. According to what I read this meets the defination of permanent total disability. My thoughts are why go on and on, and on when the judge says there is no need to, and he has no questions of us, to further justify our claim. I think if we were losing, he would question us more by saying things like what makes you believe your conditions are so disabling? Don't the IME doctors think you can do some gainful employment? Doesn't the vocational report state that you may be able to do some useful jobs like telemarking? I saw no negative remarks by the judge, and when our attorney questioned him to detail other specific issues, he stated that would not be necessary. Eight minutes is not close to enough time for a review of evidence to justify this entitlment, unless his decision had already been made prior to this hearing. I think (with my fingers crossed) it had been made. I now hope is is favorable, VS unfavorable. I will let you know when I hear from t his findings report. I have been told this report can take up to 4 weeks because it is more lengthly than others. IP: Logg |
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