Please help WC and SSDI related - Printable Version
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Please help WC and SSDI related - Hoosier_Daddy - 03-26-2009 11:55 PM
This is a long story. I hurt my kjnee playing sports in 2003. It healed and everything was fine. Well I hurt the same knee on April 3,2006 after slipping in oil. My employeer paid for xrays mri and gave me a sit down job. This lasted for 2 months. they sent me to an orthopedic dr. He told them I needed surgery. Well they said no and I had to go on a personal leave. Well I have now had 4 surgeries on this knee and we are still fighting them for payment. I went to the same doctor this week and had another MRI. He said I needed another surgery as the last 1 didn't take. Only 2% of the people have to have it again. Lucky me right. Well I have a lawyer for WC and Allsup for my SSDI claim. My WC lawyer told me today I have 2 options. I can do the surgery but start everything over. Refile pay $1,500 fee. And it can take years. Or do what we are trying to do now. We are trying for a settlement out of court. This may take months. I can't have the surgery until we reach an agreement. I also am fighting for SSDI. I was supposed to go to the ALJ this week but they cancelled that apppointment because of a schedule conflict with my judge's personal calendar. I am worried that if I wait for months before having the surgery what will the ALJ think? I am lost and would appreciate any answers you may have. I am located in Indiana if that matters. Thanks
RE: Please help WC and SSDI related - 1171 - 03-27-2009 12:59 PM
you have no guarentees that the next surgery or even the one after will be successful. you are 6 years into the claim. If you are fine with the process and want to continue then have the surgery.
if so, you may want to think about getting another atty. sounds like this one is wore out and not looking to start over.
appears to be a similar situation with the connecticut nurse on the "settlement" post.
RE: Please help WC and SSDI related - Hoosier_Daddy - 03-27-2009 01:49 PM
Thanks for the reply. I really just want it to be over with. But apparantely if I want my employeer to pay for it I have to start the whole process over. And pay a $1,500 fee. I just do not have that right now. I am worried about my SSDI claim. It could take quite awhile for my employeer and my lawyer to come to an agreement. What is worse is my employeer has shut the plant down and moved out. I wonder what the ALJ will say if I take months before having the surgery. Will they understand my situation? I was supposed to go before the judge March 25th but my case conflicted with his personal calendar. So I may get put back on the docket while I wait for the issues to clear up. I am just confused by it all. Thanks
RE: Please help WC and SSDI related - 1171 - 03-27-2009 08:12 PM
The ALJ will have little interest in the duration before your surgery. their focus is the settlement and the next case.
RE: Please help WC and SSDI related - Hoosier_Daddy - 03-28-2009 12:41 PM
1171 Wrote:The ALJ will have little interest in the duration before your surgery. their focus is the settlement and the next case.
Okay thanks. I was worried he would look and say hey you were told you needed surgery ASAP and you waited months getting it done.
RE: Please help WC and SSDI related - Pooh - 03-29-2009 03:05 AM
I am one that just got SSDI but I had received my court settlement last year or in 2007 - sorry I forget. I have been told I need surgery, however as to this date no one will do surgery on my shoulders because of my age.
What I learned when I went in front of the judge for the 2nd time - different judges if you win the appeal - was that they really do take into consideration the pain levels and such that you go through. Some of the judges actually do read the files and then ask questions based on what they read. So answer them honestly. Explain your pain that you have if you are asked and also how it affects your daily life. Also make sure that your attorney asks you questions if the judge doesn't ask these questions.
RE: Please help WC and SSDI related - Hoosier_Daddy - 03-29-2009 01:17 PM
Pooh Wrote:HoosierPooh thanks for the reply. I worry as I am only 41 right now and I have heard I may be too young to get SSDI. I just know I can't stand,squat,etc for long or at all in certain circumstances. I guess I will just wait on the knee surgery until my WC lawyer can negoiate with my past employeer. I just hope if it takes months the SSDI judge will not hold it against me for not having the surgery sooner.
RE: Please help WC and SSDI related - fencer11 - 03-29-2009 01:22 PM
I know at least 3 people without even thinking about it who are your age and on SSDI. Good Luck
RE: Please help WC and SSDI related - Still in Limbo - 03-29-2009 03:37 PM
My Injuries are Posted Below in My Signature, and I was Approved for SSDI in 3mos./3wks. without an Attorney at the Age of 43!! I Requested to go to the Local Office and File, instead of Applying Online, and Everything went Well! It's True that Approx. 95% of Applications between I Believe 39 and 50 Years of Age are Turned down the First Time, but there is a Chance You could be like I was, in the 5%!! Best of Luck, I Hope all Goes Well, and I Hope You get Your SSDI, and w/c takes the Responsibility they Should!!
RE: Please help WC and SSDI related - Lilly - 03-30-2009 10:11 AM
This is a very helpful site. Good Luck! Lilly