What is Maximum Medical Improvement in Workers’ Compensation?

[av_section min_height=” min_height_px=’500px’ padding=’default’ shadow=’no-shadow’ bottom_border=’no-border-styling’ id=” color=’main_color’ custom_bg=’#d7d8ca’ src=” attachment=” attachment_size=” attach=’scroll’ position=’top left’ repeat=’no-repeat’ video=” video_ratio=’16:9′ overlay_opacity=’0.5′ overlay_color=” overlay_pattern=” overlay_custom_pattern=”]

[av_heading heading=’What is Maximum Medical Improvement in Workers’ Compensation?’ tag=’h1′ style=” size=” subheading_active=” subheading_size=’15’ padding=’10’ color=” custom_font=”][/av_heading]

[/av_section][av_video src=’https://www.youtube.com/watch?v=dK2bJDgEgq4′ format=’16-9′ width=’16’ height=’9′]

[av_heading heading=’What Maximum Medical Improvement Means For You’ tag=’h2′ style=” size=” subheading_active=” subheading_size=’15’ padding=’10’ color=” custom_font=”][/av_heading]

[av_textblock size=” font_color=” color=”]
In its simplest form, maximum medical improvement or MMI, is the doctor’s way of saying “it’s as good as it’s going to get.”  When an injury has occurred and the employee reaches a state where his or her condition cannot be improved, the doctor will inform the patient/client they have reached MMI.  Once MMI is reached, the treating physician is saying no other reasonable treatment can be done to help the patient/client improve.  Although, you may not be 100% better, you have reached a state where you have done everything you can do in that point in time.  All of the treatment options should be exhausted before it is determined a patient has reached MMI.

Middle Aged Caucasian ManIf the patient is receiving workers compensation benefits and reaches MMI, his or her condition will be assessed, and the doctor will give a disability rating.  Your attorney should request a written statement from your doctor when you have reached MMI, which should also contain your disability rating.  Depending on the rating, the doctor will advise your employer on what tasks may or may not be performed, these are known as work restrictions.  For example, if you have suffered a back injury but are able to return to work, your doctor may medically advise you to perform sit down or sedentary tasks.  Since a back tends to get stiff after sitting down for long periods of time, the doctor may also advise you be able to hold a position where if necessary, you are able to stand up and work.  Obviously, depending on your condition, it may be hard to hold a position that can do both, and the employer may not have a position where this is possible.  The disability rating is important because depending on your condition, it is a key component in negotiating your settlement amount.
[/av_textblock]

[av_heading heading=’I’ve Reached Maximum Medical Improvement (MMI) But What If My Injury Worsens?’ tag=’h2′ style=” size=” subheading_active=” subheading_size=’15’ padding=’10’ color=” custom_font=”][/av_heading]

[av_textblock size=” font_color=” color=”]
Generally speaking, if your case has not been settled and your injury worsens within 2 years after reaching MMI, you should go back to your doctor.  You should not suffer through the pain because you are afraid to go, it’s important to let the doctor know of your condition.  The doctor will medically determine whether your condition has worsened or not and if further treatment is necessary.

If you are not happy with your doctor’s evaluation when they feel you have reached maximum medical improvement, you are entitled to a second opinion.  However, before you proceed you should consult a workers’ compensation attorney who is able to guide you in the right direction.
[/av_textblock]

[av_hr class=’default’ height=’50’ shadow=’no-shadow’ position=’center’ custom_border=’av-border-thin’ custom_width=’50px’ custom_border_color=” custom_margin_top=’30px’ custom_margin_bottom=’30px’ icon_select=’yes’ custom_icon_color=” icon=’ue808′]

[av_social_share title=’Share this entry’ style=” buttons=” share_facebook=” share_twitter=” share_pinterest=” share_gplus=” share_reddit=” share_linkedin=” share_tumblr=” share_vk=” share_mail=”][/av_social_share]

[av_comments_list]

What is Total and Permanent Disability?

[av_section min_height=” min_height_px=’500px’ padding=’default’ shadow=’no-shadow’ bottom_border=’no-border-styling’ id=” color=’main_color’ custom_bg=’#d7d8ca’ src=” attachment=” attachment_size=” attach=’scroll’ position=’top left’ repeat=’no-repeat’ video=” video_ratio=’16:9′ overlay_opacity=’0.5′ overlay_color=” overlay_pattern=” overlay_custom_pattern=”] [av_heading heading=’What is Total and Permanent Disability?’ tag=’h1′ style=” size=” subheading_active=” subheading_size=’15’ padding=’10’ color=” custom_font=”][/av_heading] [/av_section][av_textblock size=” font_color=” color=”] If you have suffered a workers’ compensation injury, the impact on you and your … Read more

What Happens if I Don’t Receive My Workers’ Compensation Payments on Time?

Your temporary total disability check is processed each week by the workers’ compensation insurance carrier, and the check is usually processed on the same day, e.g. Friday, each week.  As a result, you can anticipate consistently receiving your temporary total disability check around the same day each week. If you do not receive your weekly … Read more

Can I Collect Unemployment and Workers' Compensation Benefits at the Same Time?

You cannot receive unemployment and workers’ compensation payouts or benefits at the same time.  The principal behind workers compensation is that you are getting reimbursed for the wages you are missing because you are injured.  Therefore, you should not be receiving any unemployment payments because then you would be theoretically getting paid two wages at … Read more

What Happens if My Employer Doesn’t Have Workers Comp Insurance?

[av_section min_height=” min_height_px=’500px’ padding=’default’ shadow=’no-shadow’ bottom_border=’no-border-styling’ id=” color=’main_color’ custom_bg=’#d7d8ca’ src=” attachment=” attachment_size=” attach=’scroll’ position=’top left’ repeat=’no-repeat’ video=” video_ratio=’16:9′ overlay_opacity=’0.5′ overlay_color=” overlay_pattern=” overlay_custom_pattern=”] [av_heading heading=’What Happens if My Employer Doesn’t Have Workers Comp Insurance?’ tag=’h1′ style=” size=” subheading_active=” subheading_size=’15’ padding=’10’ color=” custom_font=”][/av_heading] [/av_section] [av_textblock size=” font_color=” color=”] There are a lot of employers that offer all … Read more

How is the Household Size Determined for the Means Test?

[av_section min_height=” min_height_px=’500px’ padding=’default’ shadow=’no-shadow’ bottom_border=’no-border-styling’ id=” color=’main_color’ custom_bg=’#d7d8ca’ src=” attachment=” attachment_size=” attach=’scroll’ position=’top left’ repeat=’no-repeat’ video=” video_ratio=’16:9′ overlay_opacity=’0.5′ overlay_color=” overlay_pattern=” overlay_custom_pattern=”]

[av_heading heading=’How is the Household Size Determined for the Means Test?’ tag=’h1′ style=” size=” subheading_active=” subheading_size=’15’ padding=’10’ color=” custom_font=”][/av_heading]

[/av_section][av_video src=’https://www.youtube.com/watch?v=b5h4g_Hr18g’ format=’16-9′ width=’16’ height=’9′]

[av_heading heading=’What’s the purpose of the Means Test?’ tag=’h2′ style=” size=” subheading_active=” subheading_size=’15’ padding=’10’ color=” custom_font=”][/av_heading]

[av_textblock size=” font_color=” color=”]
Family Walking Holding HandsThe basic purpose of the Means Test is to determine whether a Debtor is eligible to file Chapter 7 bankruptcy.  Along with other supporting requirements, the Means Test plays a major role in Chapter 7 bankruptcy.  The Means Test also tells us whether a Debtor would need to pay back some of their debts in a Chapter 13 bankruptcy if they do not “pass.”  Simply put, the Means Test determines the Debtor’s monthly income by taking the Debtor’s household’s gross income and subtracting qualified deductions.  By doing this, we can decide whether the Debtor would need to be looking into filing a Chapter 7 bankruptcy or Chapter 13 bankruptcy.

There are over 60 different factors considered when determining the Means Test but two factors are more prominent than others. That is the household size and the household income. For purposes of this blog post we will more carefully examine how the household size is determined when looking at the Means Test.
[/av_textblock]

[av_heading heading=’Who’s considered a household member?’ tag=’h2′ style=” size=” subheading_active=” subheading_size=’15’ padding=’10’ color=” custom_font=”][/av_heading]

[av_textblock size=” font_color=” color=”]
Dad & Son PlayingThis, of course, depends on the Debtor’s living situation at the time of filing and also looking forward.  Generally speaking, if the Debtor has a larger household, it could mean the difference between passing the Means Test to qualify for a Chapter 7 bankruptcy or, instead, having to do a Chapter 13 bankruptcy.  The more dependents or household members you have, the greater the state of median income for a family of that size.  However, a larger household can also work against a Debtor by potentially adding more income and skewing the Means Test.  It’s important to seek the help of an experienced bankruptcy attorney to help you determine your household size, but keep the following in mind.

A household does not simply mean “husband, wife, kids.”  A household consists of all the people who occupy some type of housing unit, whether it’s a house, apartment, etc.  The term household carries broad definitions, but the courts are going to likely focus on if the additional household member is contributing income to the home and paying out expenses.

You should compile some type of income and expenses report within your household to determine what income is going into the home and towards what expenses.  It doesn’t need to be anything fancy, just some type of report on paper so you are able to visually see how they bills are getting paid and by which household member’s income.  This is especially important for those with unique household units.

Family on bicycle rideThere is a difference between household members and dependents.  For example, your 13-year-old daughter would likely be considered a dependent and household member.  Where it often gets tricky are for those who may have an 18 year old child or older still living at home.  The courts will likely argue, the child is 18 years old and should no longer be considered a dependent, especially if they are working and paying their own bills.  So let’s say for example this 18-year-old child was working and paying their own bills, but still living as part of the household.  It is possible he or she could be included as part of the household for the Means Test but we would have to list his or her income and expenses.  You may also have a situation where an older relative may live at your home and contribute no income at all.

There are situations where an individual may be included as part of your “economic unit” but not as household member for purposes of the Means Test.  For example, you may have a roommate who contributes towards expenses only and therefore could argue that person is a part of your economic unit only.  The situation changes however if you are cohabiting with the person as a family unit, so discuss your living situation with your attorney.  There are numerous living situations that could apply to your situation but you should let a qualified legal counsel help you decipher your household size and how it will be viewed on the Means Test.
[/av_textblock]

[av_hr class=’default’ height=’50’ shadow=’no-shadow’ position=’center’ custom_border=’av-border-thin’ custom_width=’50px’ custom_border_color=” custom_margin_top=’30px’ custom_margin_bottom=’30px’ icon_select=’yes’ custom_icon_color=” icon=’ue808′]

[av_social_share title=’Share this entry’ style=” buttons=” share_facebook=” share_twitter=” share_pinterest=” share_gplus=” share_reddit=” share_linkedin=” share_tumblr=” share_vk=” share_mail=”][/av_social_share]

[av_comments_list]

What is Permanent Partial Disability?

[av_section min_height=” min_height_px=’500px’ padding=’default’ shadow=’no-shadow’ bottom_border=’no-border-styling’ id=” color=’main_color’ custom_bg=’#d7d8ca’ src=” attachment=” attachment_size=” attach=’scroll’ position=’top left’ repeat=’no-repeat’ video=” video_ratio=’16:9′ overlay_opacity=’0.5′ overlay_color=” overlay_pattern=” overlay_custom_pattern=”] [av_heading heading=’What is Permanent Partial Disability?’ tag=’h1′ style=” size=” subheading_active=” subheading_size=’15’ padding=’10’ color=” custom_font=”][/av_heading] [/av_section][av_textblock size=” font_color=” color=”] If you are an employee that has been injured and filed a North Carolina workers’ … Read more

Can I Collect Rent If I’m Surrendering Rental Properties in Bankruptcy?

[av_section min_height=” min_height_px=’500px’ padding=’default’ shadow=’no-shadow’ bottom_border=’no-border-styling’ id=” color=’main_color’ custom_bg=’#d7d8ca’ src=” attachment=” attachment_size=” attach=’scroll’ position=’top left’ repeat=’no-repeat’ video=” video_ratio=’16:9′ overlay_opacity=’0.5′ overlay_color=” overlay_pattern=” overlay_custom_pattern=”]

[av_heading heading=’Can I Collect Rent If I’m Surrendering Rental Properties in Bankruptcy?’ tag=’h1′ style=” size=” subheading_active=” subheading_size=’15’ padding=’10’ color=” custom_font=”][/av_heading]

[/av_section][av_video src=’https://www.youtube.com/watch?v=qoSrIiGWMgg&feature=youtu.be’ format=’16-9′ width=’16’ height=’9′]

[av_textblock size=” font_color=” color=”]
Rental properties can be a great source of income until a renter moves without notice or fails to pay or that rental income starts to be used for your personal household expenses.  As situations arise, many people are finding it necessary to file bankruptcy and surrender a rental property or properties they own.  When you surrender a rental property in bankruptcy, you are in essence surrendering your interests and rights to the property.  Therefore, you are not allowed to continue to collect rent while in bankruptcy since you are no longer obligated to pay the mortgage payment (and likely are not continuing to pay the mortgage payment).

Foreclosure Sign in Front of HouseAdditionally, the bankruptcy Trustee will see this as unprotected funds and will request the received funds to go to the creditors.  Furthermore, tenants are always informed if a house is being surrendered in bankruptcy.  Your tenants may be well aware of their rights and have the responsibility to report a debtor who tries to collect rental income while in bankruptcy.

We encourage our clients to do one of two different things. One option is, the Debtors in the bankruptcy need to notify their tenant of the forthcoming bankruptcy and tell the tenant they will no longer be collecting rent and tell the tenant they should hold on to the money they would paying in rent and pay that money to the bankruptcy Trustee if they wish to continue to stay in the house. Another alternative would be to collect the rent money and put it in a new bank account and hold it in that account for the bankruptcy Trustee. It is important that you do not “commingle” collected rent with other bank accounts and it is important you do not start using the rent money for living expenses. Usually the easiest and most efficient way to handle a rental property is to notify the tenant and let them know they need to hang on to that money to pay it to the bankruptcy Trustee.

After your bankruptcy case has been discharged you have received a Final Decree that officially closes your case, you still should not collect rental income if you surrendered the property in your bankruptcy.
[/av_textblock]

[av_hr class=’default’ height=’50’ shadow=’no-shadow’ position=’center’ custom_border=’av-border-thin’ custom_width=’50px’ custom_border_color=” custom_margin_top=’30px’ custom_margin_bottom=’30px’ icon_select=’yes’ custom_icon_color=” icon=’ue808′]

[av_social_share title=’Share this entry’ style=” buttons=” share_facebook=” share_twitter=” share_pinterest=” share_gplus=” share_reddit=” share_linkedin=” share_tumblr=” share_vk=” share_mail=”][/av_social_share]

[av_comments_list]