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-   -   Finally Won! (https://www.neurotalk.org/thoracic-outlet-syndrome/3618-finally-won.html)

Piruka 10-12-2006 08:45 PM

Finally Won!
 
After fighting WC and SSD for over 7 years, I finally won both cases.
The WC is a matter of some paperwork but the judge awarded a life pension and retroactive pay.
I was to attend the SSD hearing next Monday but the judge revised my records and called my attorney this week to offer a favorable decision before my hearing date. It was very clear to me that Dr Togut's med opinion played a big part in that decision. Woopey!
This is huge for me. Not all of you know but for close to 4 years now I've been trying to survive without any income or proper med treatment. There were many dark days when I sank into a deep hole of depression and I have no idea how I kept going. Perhaps I'm more stubborn than I ever thought and I wasn't going to give WC the satisfaction of getting rid of me.
So, those of you who are frustrated with your disability cases, don't give up! Most of the time that's exactly what they want you to do and if and when you do that, they will label you as a faker. We here know you're not faking the horrible chronic pain and frustration that comes with a progressive med condition like TOS so DON'T GIVE UP! Always tell yourselves that if you give up you'll never know how great it feels when you finally get to win your case on your own med evidence and honesty.

redjpwranglergirl 10-12-2006 10:21 PM

Piruka,
Congratulations! I'm so happy for you! I'm glad to hear that somebody who's so deserving and has been through so much has finally won. Thanks for updating us- now go out and celebrate!:)

DiMarie 10-12-2006 10:54 PM

So glad to here this
 
Piruka, that was such amazing news to read. For those of use that followed the long battle it is a great outcome to hear! W/C is such a battle when its purpose is not ment to be.
What a ton of bricks off the chest.
Be well
Dianne

HopeLivesHere 10-12-2006 11:13 PM

Piruka !!!

CONGRATULATIONS !!! :D :D :D :D :D :D
I am so happy for you. It is all over and you can get on with your life and breath easier now.

I am going through the same thing, except I have SSD.
My case is going nowhere. It is in limbo now. I have to call
if I want to light a fire under my lawyer's butt.

Your note surely does encourage me.
Thanks for letting us know......Hope

Piruka 10-12-2006 11:44 PM

In my case I think I got lucky and found an attorney who was no stranger to TOS because he had several other cases involving it. He also was very good at explaining things "in english" and on time.
One thing is for sure, the process takes forever. It's like a game wc likes to play and meantime we're stuck in limbo waiting for the end result.
My attorney told me of an IME who had over 200 TOS cases sent to him and all of them he only would admit to a possibility of TOS for about 12. No wonder wc kept sending people to him!
I was sent to several of their docs and non of them had treated TOS or were specialist on it. I was surprised they didn't send me to dermatologist to give their opinion on TOS!
By the 3rd doc I learned to shut my mouth and not try to explain TOS since these docs thought TOS was at worse a case of severe whiplash.
The lowest of the lowest was them claiming I was an addict but my records clearly showed I didn't even use all of my monthly prescription of pain meds and my pain doc had notes as to how he insisted I take all of them all the time.
One thing my attorney did good was make sure that the docs testifying for me were specialists experience in TOS because they would always bury the opinions of their IME's. Also, a good report from a vocational rehabilitation expert supports your claim of being unable to fill any job in the market due to your limitations.

gibbrn 10-13-2006 12:35 AM

Hot Damn Girl
 
YEAHHHHHHHHHHHHHHHHHHHHHHHHH!!!!!!!!!!!!!!!!!!!!!! !!!!!!

Ok could not be happier for you hope your treatment works as well as your lawer!!!!!!!!!

I too have just felt the jubilation of winning a w/c case....but now have to deal with them again.....devil u know????

take care best of luck

hugs, Victoria

LisaL-TOS 10-13-2006 08:57 AM

Good for you, Piruka
 
I am sooo happy to hear about this. You are soo deserving for all you have gone through, alone. I remember the time you were moving to an upstairs apartment and were moving a sofa up the stairs and you fell. No $$$. No car....no strong person to help. My heart ached for you. And you still had a smile on your face. You are truly amazing, Piruka. I wish you a world of happiness.

Have to share this...I won a case too. NO WC/or SS but medical. I represented myself and all contact with "their" attorneys were via e-mail. Can you believe? I did not back down but then again, I had a strong, honest, case and they knew it. Took only a few months. Yes, Piruka there is a Santa Claus. :) God Bless You.

dawn3063 10-13-2006 10:11 AM

Piruka,
Happy Happy Joy Dance...:D
Congradulations...
Dawn ;)

Jomar 10-13-2006 12:16 PM

Great to hear of your good news.

Phillipe 10-14-2006 08:16 AM

Great news
 
Congratulations!~! Have you decided where you're going to move yet?

:D ~~~~~~~~Go South Young lady~~~~~~~~:D

astern 10-14-2006 08:25 AM

Congratulations!
 
HOORAY!!!!!!!

Oh, Piruka, what wonderful news!! I hope all settlements hit your bank account before the Holidays...:D

Anne

Gromlily 10-14-2006 08:26 AM

Excellent!!!!!!!
 

:D WOO HOOO !!!!:D

Fabulous news!! I am thrilled for you!! Oh what a relief!!You've really been at this battle for a long time!! Thank goodness you are one determined gal!!

Congratulations!!!!

G~:D

beth 10-14-2006 01:20 PM

Congratulations on winning a long, hard battle - it's more than time some good things came your way. :)

rwillilwilli 05-07-2009 09:42 PM

finally won
 
well IM WONDERING WILL THEY TAKE MONEY FROM YOU BECAUSE YOU RECEIVE WC TO SURVIVE OR DO YOU EXPECT TO GET ALL YOUR BACK PAY.
Quote:

Originally Posted by Piruka (Post 24680)
After fighting WC and SSD for over 7 years, I finally won both cases.
The WC is a matter of some paperwork but the judge awarded a life pension and retroactive pay.
I was to attend the SSD hearing next Monday but the judge revised my records and called my attorney this week to offer a favorable decision before my hearing date. It was very clear to me that Dr Togut's med opinion played a big part in that decision. Woopey!
This is huge for me. Not all of you know but for close to 4 years now I've been trying to survive without any income or proper med treatment. There were many dark days when I sank into a deep hole of depression and I have no idea how I kept going. Perhaps I'm more stubborn than I ever thought and I wasn't going to give WC the satisfaction of getting rid of me.
So, those of you who are frustrated with your disability cases, don't give up! Most of the time that's exactly what they want you to do and if and when you do that, they will label you as a faker. We here know you're not faking the horrible chronic pain and frustration that comes with a progressive med condition like TOS so DON'T GIVE UP! Always tell yourselves that if you give up you'll never know how great it feels when you finally get to win your case on your own med evidence and honesty.


DiMarie 05-09-2009 03:02 AM

Quote:

Originally Posted by rwillilwilli (Post 507375)
well IM WONDERING WILL THEY TAKE MONEY FROM YOU BECAUSE YOU RECEIVE WC TO SURVIVE OR DO YOU EXPECT TO GET ALL YOUR BACK PAY.

This award was finally won in 2006

Our experience has been the w/c is primary and the ssdi Is secondary. That is how the ss admin explained it to me. The award of ssdi will remain but is offset by the w/c. Anything left over from ssdi would be paid next.

One thing that is suggested is to settle the w/c and have the written verbage state that it is dispersed over a lifetime. Even though the amount is paid at once, the structure will avoid living off that total amount for several years before the ssdi would kick in.

If there is a lien on the ss as in Welfare then an agreement was made to pay back the wefare and that portion is paid directly, and then if an attorney, their portion is paid too. Then a check is sent to us.

In my dd case she had ssd and ssi award. The ssi award was dispursed in two seperate checks. About half one year and several months later a second check for the final amount.

Piruka won this award some years ago and wish she would stop by and see how things are going with all the hassle and battle behind her.

Piruka 05-15-2009 01:06 PM

It's been awhile...
 
Quote:

Originally Posted by rwillilwilli (Post 507375)
well IM WONDERING WILL THEY TAKE MONEY FROM YOU BECAUSE YOU RECEIVE WC TO SURVIVE OR DO YOU EXPECT TO GET ALL YOUR BACK PAY.

Hopefully this will make sense since I just took something for the flare up.
In my case it I was awarded SSD (different from SSDI) and WC. There wasn't any adjustment either way when I got my payments, retroactive and/or monthly.
SSDI is more strict about any type of income you're receiving since they're based on your need for income, together with disability.
I'm sure this might be slightly different in some states so it would be a good idea to discuss it with your attorney.
Hope everybody's still doing well with their daily challenges. Seems like the best thing is to keep everything as simple as possible and if something can't get done...oh, well! It will get done eventually. Stress will increase the pain and it's not worth it.

finz 05-16-2009 04:41 AM

No offense Piruka, but I think you did mess that up a bit.

SSI is if you are disabled (or retired ) and low income

SSDI is if you are disabled and worked enough to qualify

SSD, I've never heard of

gibbrn 05-19-2009 02:50 AM

Yeah
 
Congrats!!!
Justice for us who are downtrodden!!!!:D:D:D:D:D:D:D
hugs,
Victoria


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