WC discontinuance letter arrived
 

I received a letter today from WC stating that I am able to work at a light, sedentary job, with minimal walking and no stair climbing. I am far better than I was, but I have no stamina. None, zero, zilch. After the gym I am exhausted and if I try to do more I flare. I cannot imagine what job I could possibly do and how I could do it when I am chronically exhausted. It's not that I don't want to, I know I cannot.

I had to hire someone to help me get my home ready for my daughter's wedding, because I literally cannot do more than one or two things a day and when I push myself beyond my limits I flare. This woman arrived unexpectedly in the mid afternoon one day and I would not have awakened to answer the door if the phone had not been ringing simultaneously to the door bell.

Please let me know how you would handle this situation, I would appreciate any advice.

Is this the first denial letter , or after a hearing letter?

Does WC accept that RSD was brought on my a work related injury?
Do you have an atty for your wc claim , and a very good dr for ongoing care & for reports and such, on your side?
Both are pretty much needed for complicated claims..
We have e a WC forum, it isn't very active, but the sticky thread and searchable past posts still have a lot of info on how to appeal a denial.

WC rules differs from state to state, so it gets complicated.

How long have you had CRPS?

Have you applied for SSDI yet?

Is your WC doc have an opinion on your ability to work?

Have you been offered Vocational Counseling?

Do you have a WC attorney?

No, I do not. I tried to include all my answers after your questions! Thank you.

First letter, no hearing.
Yes, my injury is accepted as work related.
No, attorney.
Thank you, I did post over there, too.

Do you not have enough work credits for SSDI? Having a SSDI approval can help with your WC claim.

You probably need to hire a WC attorney.

After rereading your posts I realized WC is simply stating what your own doctor is. Is your employer still holding your job? Will they allow you to attempt to return part time? Attempting to do so slowly is not a horrible idea. If you can't manage, then you discuss with your doc why. Another option is to undergo a Functional Capacity Evaluation.

I was terminated from my job, due to my inability to perform necessary functions. I cannot return to it, even part time due to my limitations. I believe by law my employer, a municipality, is required to employ me if a job I can do, becomes available.

Get an attorney now. This is a difficult disease to argue inability to work, because WC will try to argue just based on the injury to the limb and not any of the other factors. Remember a lawyer costs you nothing up front, no matter what state you are in, they only get a percentage of your payout from WC in the end, and they are always worth it in the big cases because of what they are able to get you in terms of better care, larger settlements etc.

If you were injured at work, they cannot legally terminate you. They can only put you on medical leave. Because if you are able to return to work in any function they must either give you a position that fits your restrictions, or state that they are unable to, which then puts you back onto disability until you can go to the whole vocational thing.

But in your situation with the fatigue you also need your dr arguing for you that you do not have the staminia.

PLEASE get a lawyer ASAP>

It may be a state by state thing, the holding a job opening.
I was on medical leave for a year due to my chronic RSI injury, but after 12 months and I still couldn't return to work ( we did do a "test" and I only made it 3 weeks before pain /symptoms returned) .. I was terminated..

Most employers cannot hold or make a job to fit our imitations, for an unlimited time..

Take time to search out a really good atty, some just go thru the motions to get any % of payout..:(

This is exactly why I hesitate to get an attorney. I cannot take any more issues. What I have to do to deal with CRPS is enough. The attorney I hired to take care of my mother's estate attempted to rip me off for 4k for doing nothing.

Someone here, local to me raved about her attorney, but sadly would not share the name with me when I asked.

I recommend purchasing a current WC NOLO guide for your state if one is published if you refuse to hire an attorney.

If Vocational Rehabilitation is not something WC must provide in your state, you can always contact your local Vocational Rehabilitation Training office for an assessment.

Feel free to pm if you're not 100% certain that you might not qualify for SSDI or SSI.

I would strongly encourage getting an attorney because WC is so hard to navigate. Not only that...but WC will not only mislead you but can LIE to you and try to get YOU to say something that they then twist around...and it's totally legal for them to do that. As stated before...attorneys get nothing until YOU do and whatever you get WILL be more for having an attorney than whatever you could get on your own. Attorneys will also be able to guide you on your options and will handle all communications with WC...which in and of itself can be a HUGE relief off of you. I've had issues with attorneys in the past too...so I agree that you should research or interview several before choosing one. You'll definitely want one who is familiar with RSD and has had similar cases before. But believe me...it's ALWAYS better to have one than not have one when dealing with WC.

If your doctor (or was it WC's doctor?) says you can work part time sedentary work then there's not a lot you'll be able to do unless you can demonstrate why that ISN'T true (either trying to get a part time sedentary job and seeing what happens or get a contradicting opinion that states you can't...something like a Functional Capacity Exam). An attorney will be able to guide you on which of those is the best option. FCEs are expensive...so heads up on that.

I am sorry you are going through this...I am in the midst of a battle with WC that likely will not be resolved for YEARS and in the mean time am going through my regular private insurance and trying to get long term disability benefits approved (was denied, have another lawyer for that, so complicated). So I totally get it. If you need to talk, you can always message me. The rules are different in every state...but I've found sometimes just talking things through can help.

Hugs.

Right now I"m in a chronic pain functional rehab program. Most of us are in WC. Those who resisted getting an attorney have had SO many more issues and had SO many more things denied. Not only that, w/o an attorney YOU have to deal with them.

My lawyer handles all of it. I don't talk to WC at all. Ever. As soon as I signed him on, that was it. My doc and he talk to them. If they are denying a service that we feel strongly that I need, then he puts the pressure on them. And since he can take them to a hearing at court, it usually will work. We've threatened 2 hearings and they've caved both times, which means they DID know that I needed those treatments, otherwise they would have gone to court.
Those are not things that we, as patients, are equipped to handle. You may find that your work was able to terminate... I don't know the rules for your state. But you may find that they didn't follow the law. And a lawyer will have much more intimate knowledge than we do.

Look for lawyers that are experienced in WC, have been doing it for more than 10 years.

Look for one that is certified as a Super Lawyers. Get a free consultation.

Your friend wouldn't share? Mean. But check on Yelp. Read reviews.