Once you come down from TTD (in NY) while on comp, they want you to look for work, no matter what it is, since "you can work". As per my Dr. I am still currently 75% impaired from last surgery...so comp/IC says, you can go get a job. I have to report like unemployment that i am looking for work. The best part is my restrictions are as follows" No pinching, gripping, grasping, twisting wrists, pushing, pulling, lifting. (which if you think about it, holding a pen is gripping/pinching) IC claims ther are many jobs out there for me to do within my restrictions, not taking into account my CRPS pain. If I do not provide what they want, then they can terminate the peanuts they give me for pay.

LOL - yup nothing is simple.
I had similar restrictions at one point and was patrolling the employers parking lot as security.

The HR lady wouldn't even let me take short notes as "no arm use" was my restriction at the time - but I still had to drive 22 miles to get to work .
plus open doors, use restroom, eat etc...

My shoes laces always came loose because I had lost the coordination in my hands/fingers.
Had to retie them often- HR lady says - "oh so you can tie your shoes!!" for a a temporary injury.

Turned out to be chronic but is much milder now since not working.
I can tie my shoes just fine now, but still not fully coordinated for writing neatly though.

But that ' no use' restriction was because I had limited use of hands/arms previously and HR lady had me sorting stacks of papers and filing them in a overstuffed 4" ring binder.
opening & turning the heavy pages made me flare up after 6 hrs.
so dr made the stricter limits...

I am amazed @ the things I took for granted before the physical limitations, not to mention the constant burning pain.Tying my shoes, I have just been able to do that however, I cannot tie them tight enough, so back to the slip on shoes. Can't button pants, zipper jackets etc. I love working, the structure of daily life keeps me in a good balance, HOWEVER, I could not imagine working now, with all of this going on. If the IC or anybody else wants me to work, then I am willing to let them find me a job within my restrictions (not even taking in account the CRPS) and see if I would last a couple hours. When you struggle to wipe your backside.......I would love to see what would fit my restrictions, taking all into account. I am 40 years old and have worked for 25 years and have a college degree, I would think that would show that I am not lazy or out to get the system...god knows, ten surgeries between both hands with permanent fusions, joints replaced, etc...is not my idea of a good time to sit home and collect half of what my paycheck was. Oh yea, then throw in the severe depression/anxiety...I would not wish this on anyone.....

Hi (again) Sonny,

I have no words of wisdom to convince the disability co that you CAN'T work. The problem is obviously that their docs say you are only 75% disabled. YOUR doc says 100% so that's what I'd go by. I would consider "trying" to find a job. If you can get to an interview, explain ALL of your limitations. No offense, but would you hire you ? If they don't hire you, you still "tried", right ?

To try to explain the whole WC, disability ins, and SSDI payments/pay back.......For SSDI, the government looks at it as a monthly % of what you used to make based on your years of service. The goal is to try to keep your head above water, but not to supply a luxurious livestyle. Forms that you receive every few years from the SSA indicate what your 'amount' is if you retire and survivors benefits for kids if you die, etc. If your amount is $1000 per month that is what your monthly checks 'should' be for. If you are receiving $800 per month from other public disability programs (like WC), SSDI may be lowered.

SSDI/disability total income cannot be more than 80% of what you made pre injury. That includes your family benefit from SSDI and all other public disability payments you get.

Do you have kids ? Using my made up numbers from above.....if you get $1000 per month for SSDI and have 2 kids under 18 that are your dependents, they would (together) get 50% of your benefit....so each kid would get $250 per month.

All together you 'could' be getting $1000 (your ssdi), $800 (other disability), $250 (kid a) and $250 (kid b) for a total of $2300/month

BUT.......

Again....making up numbers, say you used to make $2000/month. 80% of that is $1600. SSDI will adjust your numbers down so that your total disability income will be $1600/month instead of the $2300.

Further complicating your case is the WC money. Do you know if it is specifically earmarked for future loss of wages or were you just assuming that ? If it is free for you to spend, different states do it differently, but in Mass they spread of that $50,000 over so many years and determine that it is, say, $300 a month......and then that gets deducted too from your SSDI to keep your total at $1600. If the WC settlement is for future medical, that's a whole different deal and can be written into a medical trust so it is just used for medical bills and wouldn't affect your SSDI total, but you would have to spend down that amount before utilizing MC for any medical bills related to your WC.

Regarding the 'payback' issue.....that differs by state and what the disability program is too. I was just WC in Mass. I did not have to pay WC back, but my backpay amount was lessened to reflect that I had already received some 'pay' during that time period. My kids backpay amount was decimated by that factor, so they just got small amounts. Sounds like in your case maybe you will get ALL the backpay 'awarded' and the payback comes from that. I think SSA sends the money to them after deducting from your total.

*sigh*

So....there ya go....clear as mud, huh ?

Hey Finz, thanks for all of that good information. I may not have been clear on the 75% thing. I am not at MMI yet but not 100% TTD either. So for now I am 75% impaired. I have just begun pain management treatment. I am required by WC to look for work and I have been looking. Yet the flip side of this is I did apply for SSDI as per attorney because I also have severe depression/anxiety. I had depression/anxiety b4 the WC case, yet I was functional.We did begin the process of incorporating the additional dep/anxiety into the WC folder (my therapist gave a report) however in the end (as per attorney) it would not make a difference in the award amount when I reach MMI. Also I would have had to switch physc doctor as she does not accept WC. It took me 3 years to get fully comfortable with her through all of this, that is why i would rather not switch. It is noted by judge that at any time we could re introduce it to the WC folder. So that is what leaves me confused. If SSDI sees me looking for work per WC, then they can say go to work...it just gets to be a bigger darker hole with tons of paperwork!

I have no idea what will happen come the end of this mess, but I will not close out medical no matter what. In NYS what ever award you get, they pay it in full (minus what they have already paid in wages and possibly attorney fees). It used to be the way you explained, but in recent years it has changed to one lump sum.

We do not have children a choice we made long ago. I love kids, but glad we stuck to our choice, life throws these curveballs in and they are hard enough to deal with. My husband owns 2 small businesses locally so he works 12-14 hrs. a day out of the house and then the phone calls, problems when he is not there etc..once he is home. (people hear owning business' and think $$$$$$$, yea not the case)

We do not have a lavish lifestyle but it has gotten less lavish now with reduced earnings and now having to pay $800 a month for our medical. Fortunately 2 years ago we bought a new house (well not brand new) and pretty much based it on 1 income, just incase. WHEW!! So all I can hope for is this all ends soon so i can really focus on my pain and healing the best i can.

thanks!

I would be first in line to get WC to close out my medical. It has been like pulling teeth to get them to agree to any treatment. If I had a settlement, I could pay for whatever my doc recommended....and when that money was gone, I could use my regular insurance (through hubby's work) or activate my MC through SSDI.

Really, you would close it out? I have heard that is a bad thing to do because the $$ they put away for that usually doesn't cover a year or two worth of treatment. It is all so confusing.

At this point it is just sit and wait, see how injections go, see when I can get to MMI and take it from there. What state are you in, if you don't mind me asking? I was told in NY any WC injury treatment would be denied by my primary insurance. And not even sure how long it will take to get approved for SSDI.....if I even ever do, and what if I need treatment in between case close out and SSDI or never having SSDI??? These are the things that hinder my ability to concentrate on healing, it overwhelms my brain na d then i shut down because it is to much to think about!!!

dear sony, and the rest going for SSD. I sure do sympathize. Boy all of us in pain are having a good time., yeh right...I know don too, and several others having trouble with SSD. I hate to say it, but I think they will require you to use all the $50,000, and then yes they pay you so you can't afford a postage stamp. This with dissabilities, and depresssion for most of us, makes dealing with these agiencies hell. And the trouble is I earned this hell. I am no more criminal than the man in the moon, yet sometimes you are treated rather badly. I had my folks trust, with money there for my taxes while I got older. The government required me to use it, before I was granted dissability. I don't think you can have more than 2,000 in the bank to qualify. At least that is what happened in my case. Poverty seems to be the norm, and the system really doesn't want anyone to help you eithor. Any gift you get is to be reported etc. The whole system needs to be overhauled. I am not sure why after working for 30 years, that All I saved had to be used eithor. No insurance forces poverty. I got caught in the catch 22 over pre-existing conditions. Now 10 years, and 10 surgeries later, I am amazed at what a struggle it all is. I wonder why it is so hard to receive help. Nobody disabled asked for their condition, and nobody is having a good time with it eithor. Anyone struggling with SSD, DCF, Medicare, Medicaid, all of it is difficult, wish there were easy answers for all of us. ginnie

oh yes my friend "Ginnie"made a good point about havinng that settlement payout in your account.i got one to like you.but i was going to wait till the money runs dry.well you cant apply for any type of aide from state or fed until your almost "bone dry empty".you have to be all most destitute.remember im from ny to i have been alreadythrough the ringer with them(ny laws).i spent many anight like a lot of our member here,worry about"where's the money going to come from",in constant painhigh stress,sleepless night,how am i going to pay my bill