SSDI and workcomp - Printable Version
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SSDI and workcomp - mpmarkpeyton - 07-23-2012 10:54 PM
Hello everybody just found this forum and would like to ask a couple questions. I am in Kentucky so, I was injured and have injured my back the thing that has been the head ache is WC says it is pre existing but, here's the story. I injured my back in 1999 and had an L4- L5 micro discsectomy, I recovered and went back to work with no restrictions, again in 2002 I started hurting again and had another surgery in 2002 that was removal of scar tissue from the first surgery. I was released again with no restrictions after making another full recovery. Both these surgeries were out of my own pocket and no WC was involved. Now in 2009 on Dec. 22, I fell from the back of my tractor trailer while unloading, it was raining and snow mixed, anyway, I injured my back and have CT showing I have a buldging L5s1 and spinal stenosis and Degenerative disc disease. My diagnoses also mentions radiculopothy, sorry I am not good with this medical stuff. Anyway, I have been sent to multiple doctors by my attorney and WC doctors and all have even said this is a new injury and has nothing to do with my previous back issues, because I was given a full release and I had not been treated or had any problems since 2002. Also this new injury was caused from a fall also but WC has sent me to an IME doctor and she said I was at MMI and I lost my TTD payments. Now my doctor and the pain management doctor wants to try a spinal pain stimulator and WC won't approve even the trial and they want me to go back to the IME doctor to be evaluated for the pain stim. but I refused because I had just seen her less than a month ago and she went with the WC side and said I was at MMI and have total body impairment of 11% and 50% of injury was pre existing. I have had a heck of a time and developed deppression from all this also and I can't even get help withh this. I have a well know WC law firm handeling this biut it seem WC is just calling the shots and doing what they want. My law firm is**no names please**. My attorney said I really needed to go tonthe other IME exam or they would say I was being incooperative but anyone can see I haven't and under the circumstance I shouldn't have to go back to the IME doctor that put me at MMI but yet other doctors say I am not at MMI and are even wanting to do the pain stimulator trial. This doesn't make sense to me at all Also I was awarded my disability from SSDI on November 8, 2010 and I am only 38 so, being considered permanently disabled by SSDI but yet only an 11 % rating from the IME doctor that WC had me visit. Also during my SSDI hearing the judge there even said that the IME doctor in my WC case was irrelavant to my SSDI case because, none of her reports matched or even seem to be online with any of the other doctors reports and I have been to a bunch and they all are pretty much the same info. except the IME doctors. The SSDI judge even stated it was easy to see the IME doctor was WC persuaded and no way could she give such a report and disability rating with one exam when the other doctors had treated me from the day I was injured. Sorry I know this is a lot but it's my story and probably some stuff even skipped. Has anyone ever been through anything like this? Also after I have the pain stimulator surgery and if it helps reduce the pain,and I do have the permanent implant wil I loose my disability and SSDI? I ask because the doctor said the stimulator doesn't fix anything it just masks the pain and reduces the amount of medication hopefully. Also even SSDI says you can't get disability souly because of pain so, even if the pain is reduced but the problem is still there, how could I loose my disability come review time? Thanks for any answers or help..[/size][/font]
RE: SSDI and workcomp - AQA - 07-23-2012 11:08 PM
SSDI and WC are two totaly seperate issues. One is not based on the other, and no. Your benifits are not in jeopardy in reference to the scs. I have one and I am receiving SSDI.
RE: SSDI and workcomp - hurt back - 07-23-2012 11:18 PM
First off welcome to the forum..
As far as what your attorney says yes, follow what they want you to unless your attorney says otherwise... You always follow their "rules" so that you can continue coverage... If you refuse they can discontinue their "service"
You do have a Well known attorney, so trust me he will not point you in the wrong direction...
As far as the spinal cord stimulator question. There is a guy AQA on here (great guy) he too has one ( if I recall correctly ) maybe he can shed some light on that subject for you...
( looks like he answered you while I was typing ) LOL
I hope my little bit of advise helps.
I'm sure others will chime in soon. Good luck...
RE: SSDI and workcomp - mpmarkpeyton - 07-24-2012 12:25 AM
(07-23-2012 11:08 PM)AQA Wrote: SSDI and WC are two totaly seperate issues. One is not based on the other, and no. Your benifits are not in jeopardy in reference to the scs. I have one and I am receiving SSDI.Thanks for the reply, I did know they are seperate but, it doesn't make sense what I was saying WC wanted me to go back to the same doctor that said I was at MMI a month ago and let her examin me again when my situation and symptoms have not changed at all. I really feel something dirty is going on and I can't help it. It's like I am being screwed with on purpose and my attorney is letting it happen. For instance, I was placed at MMI once before and my attorney filed for interlocutory relief(something like that)lol.. and the judge allowed it due to the report of the neuro surgeon, so the judge ordered WC to backpay me all the TTD payments and continue paying until he the JUDGE, said otherwise, also WC was to approve all medical that was reasonable to the injury and any medications. Well to make a long story short my gatekeeper doctor has put me on a couple of medications that WC will not approve and WC also will not approve the referral from my doctor to see the pain doctor so, I am using my medicare card myself and getting it done so WC will have to reimburse medicare and me if in the end things come out to my favor. The medication my doctor even said was needed bacause of the damage done from my injury and one was a sleeping medication and the other was for ED which I have never had until I was injured in Dec. 2009. Anyway I have permanent nerve damage and muscle waste in my right leg all since my injury at work. How can WC totally disregard the judges orders to approve this stuff and then WC say I am being uncooperative by not going to a doctor that examined me one time and put me at MMI a month ago and then WC wants me to go back and have this doctor evaluate me concerning the pain stim.. Sorry but that is crazy, if that doctor believes a month ago I was at MMI why would she go with the other doctors with the pain stim?? Something is up..
Hey hurt back not sure if I am replying the right way but, although my attorney is well known for WC cases, they have been very lacking in communication with me and I told him the way that IME doctor talked to me, no way would I be examined by her. He just said we would see what happens, and he would be working on it.. He also seems to not really know what seems to be very important information sometimes.
AQA, have you ever had a review on your disability yet? On my decision letter it has my total diagnoses, and it is.....degenerative disc disease of the lumbar spine with radiculitis, post tramatic piriformis syndrom and vasovagelsyncope. I am not even sure what that last thing is. I do have a pacemaker implant also and the chronic pain from my back has been rough on my heart as well.
RE: SSDI and workcomp - mpmarkpeyton - 07-24-2012 02:16 AM
Did you guys read my last couple of posts? Sorry I am learning how to re post and try to keep a discussion going. Anyway if so just read that and give me any help you can concerning the SSDI, and any experience with a review or not. I just don't understand all the criteria for getting ssdi but like I said I am 38 and was approved rather quickly compared to some others I have spoke to. I just saw all the different diagnoses on my decision letter from the judge. As funny as it sounds I didn't really know what all this stuff is but the vasovagel stuff is due to my pacemaker, for bradycardia. Furthermore the spinal cord pain stim worried me because I was told I couldn't have the pain stim, because I have the pacemaker but, my pain doctor said that I can so..... AQA is the pain stim worth it, and will I be able to stop taking all my medications for pain or will I still have to take some? thanks
RE: SSDI and workcomp - 1171 - 07-24-2012 03:19 AM
(07-24-2012 02:16 AM)mpmarkpeyton Wrote: Did you guys read my last couple of posts? Sorry I am learning how to re post and try to keep a discussion going. Anyway if so just read that and give me any help you can concerning the SSDI, and any experience with a review or not. I just don't understand all the criteria for getting ssdi but like I said I am 38 and was approved rather quickly compared to some others I have spoke to. I just saw all the different diagnoses on my decision letter from the judge. As funny as it sounds I didn't really know what all this stuff is but the vasovagel stuff is due to my pacemaker, for bradycardia. Furthermore the spinal cord pain stim worried me because I was told I couldn't have the pain stim, because I have the pacemaker but, my pain doctor said that I can so..... AQA is the pain stim worth it, and will I be able to stop taking all my medications for pain or will I still have to take some? thanks
Yes I can tell you are new to posting and have not read many.
The best way to get responses is to be brief and to the point.
Get to your questions early. If responders need more detail, they'll ask additional questions. Often the extensive information provided in the post is irrelevant to answer.
RE: SSDI and workcomp - mpmarkpeyton - 07-24-2012 10:53 AM
1171, sorry the posts are so lengthy but, in my experience with legal and medical issues being vague is where people get screwed. The little foxes are the ones that slip through and spoil the vineyard. I have been throug a lot when it comes to medical issues, from the dge of death and being hospitalized for 4 months after a 4 wheeler accident, 30 days from chemical burns that required skin grafts, 2 back surgeries, and heart issues and now have a pacemaker since 2007, now going in for a spinal column pain stim... I will try to be short but, I feel to start any conversation with strangers they need the entire background, and that sometimes is lengthy. I will find another forum where the members appreciate the entire story behind the issues. TTYL....Remember withholding information can sometimes get you in trouble or cost you a lot of grief.
RE: SSDI and workcomp - hurt back - 07-24-2012 11:47 AM
MP - you also have to realize that an attorney has more than just one client.. Mine also assured me from the get go that if he doesn't get back to me the same day it would be the next.. Due to court, other suits, etc... That being said just keep in mind he is not ignoring you its just alot of cases..
I read an article the other day in Nashville the avg. attorney has 45 cases per month, and 100 potential ( people that walk in ), so they are busy..
Good luck though and if you ever have a question just call or email him.. Mine is always in court alot, so we have better luck with the email if he is around phone ( during day hours ) then he'll call..
RE: SSDI and workcomp - mpmarkpeyton - 07-24-2012 12:14 PM
Thanks for the input but, I mean I go weeks without hearing anything and when I do it seems my attorney asks me the same things over and over. That's a sign that he isn't even familiar with the happenings and I have been told by other attorney's that with a complex case like mine you have to stay on top of it. Furthermore, when they came to my house they promised me personal attention and, like I said I know they are busy and have other clients but if you can't deliver on your promises don't make them. I didn't go with them right out of the gate, they kept calling and asking to allow them to represent me so, this is why I am where I am.
RE: SSDI and workcomp - AQA - 07-24-2012 04:40 PM
" AQA is the pain stim worth it, and will I be able to stop taking all my medications for pain or will I still have to take some? ".
Everybody is different. What works for some does not work for others. That is why there is a trial period. In my case, I did not decrease my meds at all. It did allow me to increase my activities, and that is what I was looking for. As far as the pace maker goes. During the trial, if there is an issue. Simply turn it off.