I was on Temp partial since the middle of october... I was on temp total since the middle of 2006.. I was supposed to do the basic job search every week and some weeks I put down companies I really didnt apply too.. plus during the last month i have had a bad sciatica in my left leg. I received the notice of discontine of benefits last Friday and the reason why was the job search and they had documented that some places I said I applied too didnt have my application or resume on file.. I did find a part time job and started it the middle of this month.... I work a few hours a day...The same day I got the notice and had to make emergency room visit to treat my leg pain I received two prescriptions from him. I am going to try and see a different ocupational doctor early next then the one I normally see to look at my leg pain. Since I received the letter by mail and it was not served on me can i say that I received the letter on monday or tuesday and that I didnt know about it when I went into the E.R.... I am going to request the administrative hearing...Now I figure I'm screwed with the job search money but if the doctor says I cant work over the 3 hours I am now working can they take the temp partial money also...... thanks
1 Answer from Attorneys
Re: admin hearing?
Request an administrative hearing Immediately by either mailing the form they supplied with the Notice of Intention to Discontinue (NOID)form. there is also a number to call on the form and you can request the hearing by phone.
You should not try to claim you received the letter later than you did. Mailing the letter is proper and they didn't need to serve it upon you personally. Your credibility is already in question because of the erroneous job logs.
Job search is more than just applying for work. It is searching the newspapers, cold-calling companies, doing internet search for openings, etc.
Do you have a Qualified Rehabilitation Consultant (QRC) helping you? This is the person you should be talking to regarding fulfilling job search requirements.
I assume the erroneous job logs were submitted when you were on Temp Total disability. You could try to argue that they should not be able to stop Temp Partial benefits. They might be entitled to claim an overpayment of Temp Total, based upon the erroneous job logs.
Was there any reasonable explanation for the erroneous job logs? Did you wait until the end of the week to do your job logs and just got confused as to which companies you actually sent applications to? Were you taking any narcotic pain meds which may have confused you?
there are lots of questions that would need to be answered before formulating the defense to their attempt to discontinue you.
This is a very crucial time in your claim. You should definitely consider hiring an attorney immediately. You don't ever have to pay attorneys fees out of pocket and the attorneys fees claimed are only on disputed benefits, which you will probably lose at a hearing without a lawyer