Update on back fusion

[genegene]

I have finally been approved for the anterior back fusion that was set up in July and postponed. I have been told that all settlement talks are off and they have to set up an MSA. Lawyer is not happy and is saying that I won't receive a thing come settlement time and that everything will go into the MSA. I don't think that is true since I will still have a substantial disability rating and my loss of income should still be the same, but I don't know. I have received nothing about the SSDI but apparently WC has. Does anyone know how to find out if you have been approved or not????
Just thought I would update since it has been so crazy I haven't been on here in a while. Surgery is set for Dec 5...

[jayne]

what your lawyer means is "HE" will recieve nothing as he doesnt get a piece of your MSA nor will "HE" get a piece of what they would have paid (%) of disabilty.....if your back surgery is successful your disabity rating will go wayyyyyyyy down and that is a loss of dollars for you and your lawyer but the health benifit for you is worth way more than the dollars.......

[genegene]

As of right now, Jayne my disability rating is 38% for the knee and ankle and 25% for the back. Of course these numbers were when they were trying to push me to settle before my surgeries. I asked how they could give me a rating before I had reached MMI and was brushed off by my attorney. He acted like I was stupid for asking such a question. He thought I would just roll over for a quick buck and hope for the best. I didn't realize he doesn't get anything from the disability rating. Where does he get paid from? I don't think he deserves a dime for what he tried to get me to do but thats just me talking. He wanted me to drop my SSDI application just to get a settlement...

[jayne]

he gets a % of what YOU get not medical set asides.OK after surgeries if everything went well I most likley would have had a rating of 30 to 33 % since surgeries were not an option for me because of excessive scarring issues I was given a rating of 77%.....that is a big dollar difference.......in my case each % pt was worth about 1000 dollars so there was a 40 thousand dollar difference and my lawyer got 33 % of that.that is a big difference in pay for the same work on his part...

[jayne]

any monies set aside by SSDI he wouldnt get a bite of either but you are better protected...I suggest you talk to someone in SS dept before signing any papers

[genegene]

Thats exactly what I kept telling him. I needed to know that if something happened after WC settled that I would be all right. I wouldn't sign. He hired another attorney to try to fix an affadavit for me but the attorney couldn't figure out how to do it that wouldn't be fraud since I had already applied and according to them was approved in Aug. I haven't heard anything though, so I don't know. I just know I was not comfortable with anything he was trying to do so I shut him down.

[jayne]

way to go.................C.Y.O.A.

[Still in Limbo]

You can Contact Your Local SS Office and check on Your Disability Status, or You can Check Online, I'm Sorry, I'm not Sure of the Website, I like to Call and Talk to People. You are to be Commended for Your decision to tough it out and do the Right thing with the MSA. If this Bothers Your Attorney, You may want to Consider another, My Attorney Made it clear to Me to Sign up for SSDI as soon as Possible, to get the Benefits I Deserve! If You don't know Jewel's, Know Your Jeweler, and the Same Holds True with Your Attorney!! If You don't feel You can Trust Him, don't Continue with Him, get another! Best of Luck, and I Hope Your Surgery goes Well!!

[genegene]

Thanks Limbo and Jayne. It sure was hard not to go along with them when we can use the money so much. I know I don't have to tell you guys how hard it is to make it on WC. Alot of the information I used to make my decision I got from on here. My case manager said I was an attornies worse nightmare, a client that wants to get fixed. He just keeps saying most people don't have the surgeries and takes the money. I'm sure that might be the case sometimes but not for me. Thats why it is so hard for real injured workers to get the help they need, just those few people and their lawyers. It makes me sick.

[Pooh]

gene

glad your on your way for your surgery again

I also agree with limbo on this - if your attorney wants to sell you down the river time to find another one - and also report this one to the state bar in my opinion for his underhand tactics to try and get you to sign an agreement and try to get you to drop your ssdi that was already approved. Thank goodness the other attorney couldn't do the affidavits in good faith.