General Confused... Again

[Tammy]

I have now decided that Alex's solicitor is the most slack individual I have ever met. When Alex got his payout we paid he $5000 because he told us that if we did that he would cap his costs at that- so it sounded like a good deal. We were also told that doing this would make us priority clients. Well we paid him the money half way through December so we figured we'd call him on Friday to find out how things are going. We were informed that he hasn't even spoken to MCRS yet!!! Priority clients my butt.
Anyway, Alex has been thinking and he says sometimes that maybe he should just go back to work and earn money now because his pension (whilst it greatly helps) isn't even half of what he would ge if he was working. APparently though his getting a job before this payout comes through will affect the amount of the payout? Is this right or have I got it wrong again?
Also, Alex's dad is ont he middle of a compo claim at present and he tells us that whatever he pays his solicitor, the insurance has to reimburse him for if/when his settlement comes through. Is this the same with the military things or not?
I sudied law for two and a half years so I should know this but I didnt do military law as Townsville uni doesn't offer that so I have no clue.
Anyway, I just hope that someone can help by giving me some info or advice.

 

[Don]

legal advice is sometimes essential

hi, Tammi,

And, sometimes it's not. Though, using a lawyer can be very convenient. It's a different country (I'm in Canada), but I imagine the process is very similar.

There must be one or more government agencies that have personnel that will be pleased to answer straightforward questions and provide you when requested with links or where to look for the regulations covering such matters. And just about any government (Federal) agency ought to be able to refer you to the correct Agency to ask, or at least, an Agency that would know which Agency you ought to be chatting with.

These days, I imagine there's probably a government website that's chock full of related topics and links to policies and regulations. If it's hard going, there may be military forums for your country where people have posted how they've managed to get around this or that roadblock.

Don

ps. To a fair degree, your solicitor is accountable for his efforts. How did you come to choose this particular one, instead of some other one?

 

[Nicolette]

Well we paid him the money half way through December so we figured we'd call him on Friday to find out how things are going. We were informed that he hasn't even spoken to MCRS yet!!! Priority clients my butt.

I am sorry for your frustration Tammy. Unfortunately what is a priority to you is not always a priority to a lawyer/solicitor and then you have the fact that solicitors have to prioritise their priorities! You will also find that most places/institutions close over Christmas which would have also caused delays. From all my experience with solicitors over the years, I have found constant follow up is essential on your behalf. There is a saying that the squeakiest wheel gets the most oil. I would not say hound your solicitor but strongly recommend constant follow up.

Anyway, Alex has been thinking and he says sometimes that maybe he should just go back to work and earn money now because his pension (whilst it greatly helps) isn't even half of what he would ge if he was working. Apparently though his getting a job before this payout comes through will affect the amount of the payout? Is this right or have I got it wrong again?

Alex going back to work before his payout is a bad, bad, bad decision from what I know Tammy. You don't need any law degree to work this one out. Logic and common sense tells you that if you are going to make a disability claim but then display that you are capable in some aspects, it then reduces the extent of your claim as, in other eyes, it says Alex is not totally incapacitated therefore is not entitled to as large of a claim.

Also, Alex's dad is ont he middle of a compo claim at present and he tells us that whatever he pays his solicitor, the insurance has to reimburse him for if/when his settlement comes through. Is this the same with the military things or not?

At a guess Tammy this would largely be dependant on the settlement agreement.

Hope this helps.

 

[anthony]

Tammy, if MCRS find Alex can go to work, is at work, they will use that against him and pay him less.... MCRS policy basically.

 

[Kathy]

As I am in Canada Tammy, I do not feel qualified to advise you, however I wanted to wish you much good luck!

 

[anthony]

I should add: the reason that will occur is because they will downgrade his current impairment level as he can operate in society. When on pensions you can work upto 8 hours a week, but that is once on them. If you looking at payouts or the like, basically you can undo yourself very easily by giving them any reason to downgrade current levels of impairment, which then puts the onus back upon you in order to prove otherwise.

I think you only need think back to Townsville, soldiers who are denied pensions solely because they said something like, "I have some backpain" upon their discharge medical. DVA and MCRS use that immediately to dismiss their applications as they can then say that their back injury is what stops them working, not any mental disorder. You know that from your own experiences their that it is the facts. Legal is one thing, but you have to then fight them and prove it, just as they made Herb do, and he lost... as most do who take on the system after the fact. Your better off to do all the right things until you have the money, have the pieces of paper from them acknowledging your impairment, then you can do as you like and they cannot deny their own acknowledgement then at any legal stance.

 

[Tammy]

Thanks everyone for the replies. I sort of knew that but I think I just needed it to be verified.
We got onto this solicitor because Alex's Nan was claiming war widow benefits after Pop died and she had to get a solicitor. While she was talking to im one day she told him about Alex's accident and how he is waiting for a payout, and he told Nan to pass on his number as he believed 'this case will make his career'. He is qualified military law solicitor though so I do feel some level of comfort in that!
At the moment we are trying to find a house, and because neither of us are working it doesn't look good, but Alex can't work and because of my parenting plan with Jackson's Dad I have to work around his times. I would love to find a job but until we move I won't even be able to start!
I think everything is just geting to me lately and Alex is trying to make things easier for now, but that wont really benefit us in the future! We are basically stuck at the moment and we both hate that feeling.
We are trying to be positive though; and I do tell Alex to ring hs solicitor when he doesn't return our calls, but Alex usually forgets! It is just so frustrating at the moment with evrything else going on.
Thanks again for the support though, I really do appreciate it!
Tammy

 

[pastrychefarmywife]

tammy, sorry to hear of your frustrating situation.

i am a stay at home mom, and i found a nice program that you scan all the food , clothes etc. you buy at the store, all the stuff you need anyway, and transmit the data. You earn points for stuff, computers bikes, sometimes cash. I haven't started as of yet, my cord was bad, but its something you can do from home.

I am not trying to talk you into anything, but with my hubby being in the service, i had to find out something that would pay me anything! from home!