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denisemariepaulene

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Status Updates posted by denisemariepaulene

  1. Dear ElleMD,

     
    Thank you again for your response.  I asked about the service dog and Florida Workers Comp and do have an old colleague who periodically handles an issue with my wc medical benefits/  I asked about this issue on this site because the first thing I learned before ever filing a claim is to know the answer before I ask.  This issue is one that I cannot find an answer, and I have just reached my colleague regarding the service dog issue.  I  was reaching out in this site to see if anyone had been involved in a similar matter.  I am disabled, and have some significant challenges and cannot practice consistently.  Have drilled through Lexis without finding a case on point.   It was not my intent to insult or use you, it was a matter hoping someone had encountered a similar situation and if not, know I am going to have my colleague decide if we should proceed knowing it may be case of first impression in Florida.
     
    It would not be the first time my workers' comp claim for certain benefits has been a case of first impression and survived the appeal by the e/c. after I located case law in California that was on point..
     
    I have read your letter carefully several times.  All I can add is that I have already researched and addressed issues you discussed with the appropriate state agencies and departments.  I definitely am not anywhere near the oldest open wc case in Florida by any strength of my imagination; even my own adjuster has cases much older than mine.  The states wc ombudsman for wc claimants discussed the matter about the service dog with me at length, I was advised to file the claim as  my medical benefits remain open and there statutory law is silent in this matter.
     
    Like you, I know Medicare has absolutely nothing to do with this matter, except when SS determined I was totally disabled by the truck accident, that was the benchmark that determined I was also permanently disabled under Florida Workers  Compensation law.
     
    While organizations and non-profits "provide" service dogs, the waiting list is longer than I can see.  And the  mandatory "contribution",  if I am appropriately partnered with a service dog, is as much as $30,000.after a one or more year wait.
    I no longer wonder why so many children who need service dogs don't have them.  Just take a look at the "Fund me " sites on the internet.
     
    As far as my doctors and husband, the question of my need for another service dogs is a closed matter.  It's the funding, locating the proper puppy and trainer that needs addressing. 
     
     If other resources are not available, I will discuss with my colleague to request the court to release funds from a special needs fund to be used.  The settlement for future wage loss from the lawsuit involving the trucking company that hit me was mandated by the court to be placed into a special needs fund as it found my injuries to be so serious that I was not compentent to manage the money., It is not to be used for medical care,
     
     I have a trustee and the trust was invested by a professional for the purpose of specified needs.  The court would have to be persuaded that the service dog is needed and not available to me by other sources in order for the court to order  release of funds for that purpose. 
     
    Until two years ago,  my Social Security disability benefits were issued in the name of a payee and directly deposited to a special bank account.as SS determined my injuries were so serious to that I could not manage my social security benefits.
     
    Perhaps you will understand now why my dog was so valuable to me and my life and why my wc medical benefits have not been settled. I am not the collateral damage of some minor curable injury.  I am the injury and deal with it every day of my life.
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