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-   -   Worker's Comp drama (https://www.neurotalk.org/reflex-sympathetic-dystrophy-rsd-and-crps-/247602-workers-comp-drama.html)

Becca71 06-17-2017 08:35 PM

Worker's Comp drama
 
First, I'm very late in getting a disability paycheck and no one is calling me back from the lawyers office. This freaks me out, cause they ALWAYS call me back.

Second, I was approved for 2 sessions of Functional Rehabilitation. That's 2 days. Which isn't going to do much of anything. So the lady at the program said all we can do is I come do the 2 days, they write the report, and we go from there.

Third, I have an appointment for a Vocational Evaluation. I feel like I'm still in so much flux. Plus SSDI already eval'd me as unable to work. And now I have to do it all again? ArRRRRGHGHGHGH. I know two systems, each have their own criteria etc. But i'm so DONE with this all. It has been 2 years since the injury. 2 years on crutches. 2 years and we have better pain control, but my brain is more messed up than I knew it could be. And I still can't walk much w/o the crutches AND its moving to the other foot (though hopefully we halted that for the moment).

I don't know what's going on anymore.:(

CRPSbe 06-18-2017 08:07 AM

I'm a bit unsure of how things work in the US (and now with Trump revoking Obamacare it's probably going to get worse for a lot of you), but doesn't it all depend on the kind of Health Insurance you have?

Becca71 06-18-2017 11:18 AM

Quote:

Originally Posted by CRPSbe (Post 1244989)
I'm a bit unsure of how things work in the US (and now with Trump revoking Obamacare it's probably going to get worse for a lot of you), but doesn't it all depend on the kind of Health Insurance you have?

Well I'm dealing with Worker's Comp here, so Obamacare doesn't apply. I've been lucky to have my personal insurance take on some of the care of my CRPS, but I have no idea what Worker's Comp will determine as far as if they think I can work, etc. Or even what treatments they will make me do (if I don't do treatments they want me to do, I can be seen as not cooperating which is bad for my case). Etc.

gigicnm 06-19-2017 01:14 AM

I can't offer you any advice but I can commiserate with you.

WC is set up to benefit the insurer not the injured worker. They make you jump through hoops, and any report that they pay for will be slanted against you no matter how good of a medical case you have.

They suck, the system sucks.

At one point I called my state rep because it took me one full year to get a date with the judge.

Just make sure you have a good lawyer.

:hug:Gigi

Jomar 06-19-2017 12:08 PM

Try to have your own primary dr take good notes about any symptoms or pain increasing, especially if after the rehab, vocational sessions.
It's all about documentation....
your atty can show that record pain increases
It is best to let your dr know ahead of time , that those notes might be needed to prove you claim.. they might word it better as some drs notes leave much to be desired..or info is wrong!!
(always check reports/notes before they get submitted..in case of glaring errors)
I think being approved for SSDI will be a plus for you..in the WC hearing.
But WC will drag it out, try to not get stressed..plus they hope you improve so less cost for future..or they hope you may just drop the claim.

catra121 06-20-2017 09:51 AM

Hugs...I'm dealing with a similar situation and I understand how you are feeling. I did a functional capacity exam at the beginning of May and then was in a flare up for almost 4 weeks...so I would not enjoy the idea of doing it again. But if work comp ever requires it of me then I know I will have to do it. When lawyers don't call back that is the worst. I went over a month with no call back when I stopped getting checks...and ended up having to switch attorneys because I NEVER heard back from that one...it was crazy. I hope it's just a case of miscommunication somewhere for you and that you hear back soon so that you know what is going on.

Take care and keep us posted. I'm always around if you want to message me to talk at any point. Hugs.

LIT LOVE 07-12-2017 06:42 PM

My guess is part of your issue is that since they changed the WC laws in CA you can only receive two years of TTD. Aren't you close to hitting that or are you already receiving permanent disability? Anyway, their intent is to rush everyone through the process. If you were approved for SSDI it definitely is a factor in your WC case in CA. You don't have to go through the Voc Rehab process now if you're unable to currently work. Could you work from home potentially or is your function too low to manage that?

Becca71 07-13-2017 08:52 AM

It appears I hit the 2 year mark, so I have to revert to my SSDI, which since I was only getting $75 (because of the ceiling on how much you can get) I had to go activate, which can take 30 days or more.
I have the Vocational Evaluation today. I don't understand why because I'm on TTD. And I tried to work from home but the mental issues started to hit and the brain fog, and I had to stop. This was last year. It was weird actually because that was WHEN they hit. I didn't have them really all that much... and they crept up on me that summer and then it was harder and harder to do the work I was given. Until I was repeating myself because I couldn't even remember if I had done things the day before.

LIT LOVE 07-13-2017 03:32 PM

Being on TTD definitely doesn't preclude you from Voc Rehab. If a claimant just needs a bit more time to recover, it can stretch your VR dollars.

You are entitled to pay through VR. Or, you can choose cash and not participate. At least this was an option at one point.

WC is also supposed to guesstimate what your P&S rating will be and give you a temp payment based on that. At least that's how things used to work. You want to find that out before you have SS recalculate your SSDI or you'll end up with an overpayment.

Send a letter to your attorney's office via certified mail if they continue to be unresponsive to create a paper trail.

bunnehead 07-13-2017 06:17 PM

My suggestion in response to the lawyer issue would be to type up a letter and fax it to their office. Phone messages can get lost in the shuffle and a letter would be kept in your file - it also is a good way to prove that you are not being given the proper attention that you deserve if it comes to that. Actually that is where I am at the moment. Good luck to you and even if it takes the last bit of energy you have for the day, spend it taking one baby step towards where you need to be. It will make a difference eventually. Hugs.


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