ssdi (California)

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ssdi (California)

Postby dolphines on Fri Sep 12, 2014 9:16 am

Why are employers allowed to pass off payment for injured workers to the state?

I received TTD for 2 years, then had to apply for ssdi, which I have been receiving since 2007.

Seems like the company should be responsible for it's injured worker, and not be allowed to pas the buck to the state.
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Re: ssdi (California)

Postby LawAdvocate on Tue Sep 16, 2014 8:13 am

Because the insurance companies saw a loophole, so until the Feds fix it, it is not illegal, just perhaps immoral.
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Re: ssdi (California)

Postby dolphines on Sun Sep 21, 2014 8:34 am

I just realized that the ins comp. has now gotten laws passed to turn injured workers pay over to the state after 2 years, via SSDI. And now they have gotten the state to allow them to pass on the FMC to medical set aside, literally allowing them to completely pass all care and financial responsibility to the state, and be responsible for no injured workers. And now they don't even have to send us to a doctor, they can just send medical records to imr.

Who the hell is representing US?
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Re: ssdi (California) (California) (California) (California) (Ca

Postby Barney5 on Sun Sep 21, 2014 11:33 am

Dolphins you brought up a good point. Who is out there representing injured workers in our state? The two year TTD cap was passed with SB899 in 2004 and which resulted in more cost shifting to Social Security. The new IMR process was passed with SB863 and why injured workers are subject to ghost paper reviewers... who often time agree with the UR denial.

The representatives who are supposed to be more sympathetic to injured workers rights are Democrats. However, it was Democrats who passed SB899 and our current Democrat governor pushed for and signed SB863. Both bills ultimately took away benefits for California injured workers. It makes me wonder who is advocating for injured workers.

There are a few organizations out there such as CAAA and VIAW that do lobby for injured workers in our state. But, I do not believe laws will change in this state if California injured workers do not start to gather and lobby for legislation. There are injured workers who lobby for legislation on their own and you do not have to be joined to a group to do this. Anyone can lobby for what they believe in.

Writing letters and making some phone calls does not take that much time. Going one step further and meeting with your local representative can go a long way.

If interested, you can do a google search on California workers compensation bills is one way to keep updated. Workcompzone blog and also this site does a good job with listing current legislation. You can also view CAAA and VIAW website for WC legislation.

Here is VIAW link with some bills for you to review.
http://viaw.org/2013/04/sb626

YOU can help Dolphins by sending letters, making phone calls and meet with your representatives to support legislation to help injured workers in our state.

This is an easy address search to find your State Senate and Assembly representatives by address. It will provide you with their contact info.

http://findyourrep.legislature.ca.gov/

There is a bill by Senator Beall SB626 that was placed on hold due to lack of support that would help injured workers and undo some of the things that changed with SB863.

http://leginfo.ca.gov/pub/13-14/bill/se ... oduced.pdf

SB626 would:

1. Return PD ratings for psych, sleep and sexual dysfunction.
2. Allow chiropractors to be PTP's.
3. Change current rules to UR and IMR reviewers must be licensed in California to practice medicine. This is important as these reviewers would fall under CA State Medical Board. California licensed doctors are required to take additional classes in pain management, and another reason why it is important UR and IMR reviewers are from California.
4. Change current rules to IMR reviewers must not be anonymous and they have to provide their name. Current legislation allows them to write IMR reviews anonymously. Why? Injured workers should have this basic right to know who denied their treatment. Current guidelines allow an injured worker to appeal the IMR review if bias or fraud was found. How can this be found when the IMR reviewer is anonymous? How can a conflict of interest be found if an IMR reviewer is anonymous?


I challenge every injured worker to spend one hour a week to support pro injured worker legislation. Don't just get mad at the current system you are in, take action to change it.
Last edited by Barney5 on Sun Sep 21, 2014 3:44 pm, edited 1 time in total.
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Re: ssdi (California)

Postby dolphines on Sun Sep 21, 2014 1:06 pm

I'll do it.

Thanks for the response. I think it is time, WE did something to change things for us.
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Re: ssdi (California)

Postby dolphines on Wed Sep 24, 2014 8:59 am

There is a bill by Senator Beall SB626 that was placed on hold due to lack of support

If they need more "SUPPORT" We can do that. I have been calling my local rep. and asking him to support this bill.

I hope ALL my fellow injured workers will do the same.

Together we CAN do this.
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Re: ssdi (California) (California)

Postby Barney5 on Wed Sep 24, 2014 9:55 am

Hi Dolphines,

I called Senator Beall's office to check the status of that bill. It has been pulled. He can re-introduce in January, but that is up to Senator Beall. I do think writing to your local Senator would be helpful, but know there is no bill for him to support as of now, but maybe your Senator can urge Senator Beall to introduce this important bill in January. I will also give you a link to Senator Bealls office. You may not be able to contact him through his web site if you are not in his district, there is a block feature...but you can mail him a letter to his office why you want this bill re-introduced in January. These are just some ideas.

http://sd15.senate.ca.gov/contact-us

So excited about your enthusiasm. I wish others would join. I see a lot of venting on the internet. I say vent to someone who can change things...otherwise it is like pissing in the wind.

What I like about SB626, is it begins to undo some of the take aways to injured workers that are in SB863. I like the saying how do you eat an elephant?....one bite at a time. I want to start biting SB863.

Good luck.
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Re: ssdi (California) (California) (California)

Postby dolphines on Wed Sep 24, 2014 11:29 am

I'm going to get his address, type out a letter on my computer, and everyday till January, send him a copy.

It worked for Andy Defresne in Shawshank Rededeption. :lol:

Just sent him an email. it went through.

Thank you VERY much for that link.

I will contact EVERYDAY.

You guys ROCK!!!!!!!!!!
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Re: ssdi (California)

Postby Barney5 on Thu Sep 25, 2014 2:55 pm

If you were able to email him through his website, he is your representative and you live in his district. That is a good thing.

I hope that he can propose this bill again in January.
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Re: ssdi (California)

Postby dolphines on Fri Sep 26, 2014 6:53 am

I've emailed him everyday, and will keep it up. We have got to get these laws changed.

Thanks' friends.
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