NJSBA Family Law Section

 View Only
Cosmo Lex
Back to discussions
Expand all | Collapse all

Referral for expert / disability & unemployment

  • 1.  Referral for expert / disability & unemployment

    Posted 01-17-2018 03:18 PM
    Client has progressive systemic sclerosis - a connective tissue disease. The symptoms are harsh, including limited use of her hands. Her doctor / rheumatologist quickly confirm that she can't work (and has lower life expectancy) as a result, but I obviously can't use a treating physician as an expert and doctor doesn't want to offer a suggestion for an expert. He says it "shouldn't be a tough call." Client can't get SSD because of a lack of work credits and can't get SSI because she owns a (modest) home, so we need a disability determination from a private expert.

    Anyone know someone who can handle this? Cost is a definitely a factor, limited funds, but I'd hope if it's not a tough call, an expert on it won't cost much.

    Case is in Mercer.

    Thanks.

    Please confirm that you received this email and referenced attachments (if any).

    - Dave

    David Perry Davis, Esq.
    ----------------------------------------------------
    www.FamilyLawNJ.pro
    ----------------------------------------------------
    * * Please note our new address * *
    57 Hamilton Avenue -- Suite 301
    Hopewell, NJ 08525
    Voice: 609-466-1222
    Fax: 609-466-1223


  • 2.  RE: Referral for expert / disability & unemployment

    Posted 01-17-2018 04:40 PM

    David:

     

    I am not sure why you cannot use a treating physician. I do that all the time in the personal injury cases I handle. The only problem is getting their cooperation.

     

    That being said, Dr. David Weiss has a group called Regional Independent Medical Evaluations and has an office in Morrisville, PA as well as in North Brunswick, Howell, Springfield and Pennsauken. He will have a doctor there who can help you. If he does not, ask for a referral and use my name. The fees are generally very reasonable.

     

    Robert E. Goldstein, Esq.
    Drescher & Cheslow, P.A.

    610 Bridge Plaza Drive

    Manalapan, NJ 07726

    (732) 972-1600
    Fax (732) 972-0038
    E-mail: [email protected]

     

    Visit my personal website:  www.mydivorcelawyernj.com

    Member, Middlesex County Bar Association,  Monmouth Bar Association, New Jersey Association for Justice and New Jersey State Bar Association

                                     

     

    IRS Circular 230 Notice: To ensure compliance with certain regulations promulgated by the U.S. Internal Revenue Service, we inform you that any federal tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, by any taxpayer for the purpose of (1) avoiding tax-related penalties under the U.S. Internal Revenue Code, or (2) promoting, marketing or recommending to another party any tax-related matters addressed herein, unless expressly stated otherwise.

    This E-Mail message and any documents accompanying this E-Mail transmission contain information from the law firm of Drescher & Cheslow, P.A. which is "Privileged and confidential attorney-client communication and/or work product of counsel." If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution and/or the taking of or refraining from taking of any action in reliance on the contents of this E-Mail information is strictly prohibited and may result in legal action being instituted against you. Please reply to the sender advising of the error in transmission and delete the message and any accompanying documents from your system immediately. Thank you

     




    Original Message


  • 3.  RE: Referral for expert / disability & unemployment

    Posted 01-18-2018 12:31 AM
    At 04:40 PM 1/17/2018, you wrote:
    David: I am not sure why you cannot use a treating physician. I do that all the time in the personal injury cases I handle. The only problem is... -posted to the "Family Law Section" community

    I may be getting educated here... Does the prohibition on using a treating professional as an expert perhaps only apply to custody, parenting time (etc) evaluators? If so, I'll go back to her doctors and ask them. Thanks (in any case).


    <x-sigsep></x-sigsep>

    David Perry Davis, Esq.
    ----------------------------------------------------
    www.FamilyLawNJ.pro
    ----------------------------------------------------
    * * Please note our new address * *
    57 Hamilton Avenue -- Suite 301
    Hopewell, NJ 08525
    Voice: 609-466-1222
    Fax: 609-466-1223




    Original Message


  • 4.  RE: Referral for expert / disability & unemployment

    Posted 01-18-2018 08:48 AM
    If you have a medical issue, you can always use the treater as a fact or an expert witness. It is done every day in civil.

    Robert E. Goldstein, Esq.
    Drescher& Cheslow, P.A.
    610 Bridge Plaza Drive
    Manalapan, NJ 07726
    www.drescher-cheslow.com
    www.mydivorcelawyernj.com


    Original Message


  • 5.  RE: Referral for expert / disability & unemployment

    Posted 01-18-2018 08:52 AM

    I agree with Bob and have done so in Tevis claims to establish causation , treatment, diagnosis ,& prognosis. 

    Francine M Aster 
    Sent from my iPhone



    Original Message


  • 6.  RE: Referral for expert / disability & unemployment

    Posted 01-18-2018 09:09 AM
    Yes, the bar against treating professionals providing expert opinions is solely limited to providing opinions on custody and parenting time.  It is contained in the professional ethics guidelines that govern psychologists and other mental health providers.  A treating psychologist cannot offer an opinion on custody and parenting time.

    ------------------------------
    Blake W. Rush, Esq.
    Rush & Savoia, P.C.
    14 E. Main Street
    Clinton, NJ 08809
    (908) 713-9800 (PHONE)
    (908) 713-9803 (FAX)
    www.rushsavoia.com
    ------------------------------

    Original Message


  • 7.  RE: Referral for expert / disability & unemployment

    Posted 01-18-2018 02:25 PM
    Thank you all.

    But (always a "but" with lawyers, LOL) .. Client's rheumatologist and general practice doctors can affirm her status and its effects on her ability to function, but can they "connect the dots" to this rendering her unemployable? I don't think they're experts on employability and the disease's effect on that? On the other hand, Social Security relies on doctors to determine disability, not employability experts, don't they? Would an expert opinion from her doctor combined with trial testimony be enough?

    This case is going to be fought hard and client's financial survival is on the line. I'd rather save her some money if possible if we don't need a separate expert, but don't want to save a few bucks now to lose the case for not having an appropriate, qualified expert down the road.

    Thanks again,



    <x-sigsep></x-sigsep>

    David Perry Davis, Esq.
    ----------------------------------------------------
    www.FamilyLawNJ.pro 
    ----------------------------------------------------
    57 Hamilton Avenue -- Suite 301
    Hopewell, NJ 08525
    Voice: 609-466-1222
    Fax: 609-466-1223




    Original Message


  • 8.  RE: Referral for expert / disability & unemployment

    Posted 01-18-2018 02:34 PM

    David, I'd say it wouldn't be enough. As you said you need the dots connected from disability to unemployability – and if unemployable, is this partial or complete? Unless the disability is so great that the court would take judicial notice, I wouldn't take that risk at trial.

    Tom King

     

    Thomas R. King, Esq

    C: 973-750-8348
    www.njfamily.law - www.njdivorce.law

     

    This e-mail and any attachment(s) are private, confidential, may be legally privileged, and are intended only for the named recipient. If you are not the named recipient, please notify us by return e-mail and delete this message.

     

     




    Original Message


  • 9.  RE: Referral for expert / disability & unemployment

    Posted 01-18-2018 02:46 PM
    If I may recommend , David, going with the treating physician for now with a comprehensive report and mediating?

    Reserve the right to employ any expert you feel you need in event mediation is not productive. 

    I'd go with a retired judge, and would even recommend Judge Jones. 

    Good Luck!

    Francine M. Aster 

    Sent from my iPhone



    Original Message


  • 10.  RE: Referral for expert / disability & unemployment

    Posted 01-18-2018 07:11 PM
    At 02:45 PM 1/18/2018, you wrote:
    If I may recommend , David, going with the treating physician for now with a comprehensive report and mediating? Reserve the right to employ any... -posted to the "Family Law Section" community

    Francine -
    <x-tab>        </x-tab>I'd love to. I think we have both an ethical and moral duty to resolve things whenever possible, either through negotiation or mediation. This is real people's money being spent, not (for example) an insurance company's or government funds (etc). Every dollar spent would otherwise be in a kids' college fund or a party's retirement fund (etc) where it belongs. I fully "get" that and try to resolve things whereever and however possible. Unfortunately, the adversary has declined the invitation for mediation and we can't force them to go. We gave them the base medical records proving the diagnosis and even a Google search shows how serious it is. There's extreme income on the other side, it's an alimony issue (always more emotional than a CS or ED issue), and I think they want to wear her down and "not give an inch."
    <x-tab>        </x-tab>I know there will be mandatory mediation along the way if we prevail on the motion get a plenary ordered - hope springs eternal that it'll resolve there - but the focus now is on having enough to win the motion and move it along. Client will be financially devastated if we don't.


    <x-sigsep></x-sigsep>

    David Perry Davis, Esq.
    ----------------------------------------------------
    www.FamilyLawNJ.pro
    ----------------------------------------------------
    57 Hamilton Avenue -- Suite 301
    Hopewell, NJ 08525
    Voice: 609-466-1222
    Fax: 609-466-1223




    Original Message


  • 11.  RE: Referral for expert / disability & unemployment

    Posted 01-18-2018 08:46 PM
    I can be an ear if you need one. My email is [email protected]. 

    Sent from my iPhone



    Original Message