Catra,
I totally understand, my job let me go stating they could not find a modified position for me, after working a modified position for a year and a half. The only change was I started on my rollabout. My atty told me not to resign, so I don't know why yours tells you the opposite.
I'm not sure about applying when I don't meet there needs, but my friend told me the same thing so tommorrow I will when I don't feel like such a looser.
Hopefully tommorrow will be a better day. But boy if the stress hasn't caused alot of pain.

It's not MY attorney telling me to resign (though he mentioned I could get more money if I did)...it's THEIR attorney that is pushing it. And I mean pushing it HARD...but I've made it clear that it is not an option period.

As far as returning to work...my employer will not allow me to have a modified position. So when I go back it will be to do my regular job and I will only be asking for minor accomodations for my disability (be able to wear gym shoes, gloves, scarf, use walker, no longer than 9 hour shift, and no ladders). That will be tough...REALLY tough...but I am very stubborn and intent on doing it.

But don't get so down on yourself...you are not a loser. You have the best intentions and I can totally understand where you are coming from not wanting to apply to places you know you aren't qualified to work at. You don't want to waste your time or their's...but unfortunately the way work comp is they will use your good intentions against you. In the appeal decision in my case (which we are appealing) the judges reduced the award because they said my pain wasn't as bad as I said because I went back to work full duty without restrictions. All I wanted was to get back to work and not cause problems...and somehow that equals me being a liar...nice. So it's not that you are a loser...it's more that you are too good of a person and they can and WILL use that against you.

Sometimes you just need someone on the outside to give you advice about these things and make you see it differently. You guys on here always are always a great sounding board for me. I get so caught up in things and how stressed I am and the emotional side of things that I can't always see the whole picture. My dad is also someone I trust to help me find my calm in stressful situations. He has dealt with all these things from the HR side of things with his employer and has dealt with many lawsuits (not work comp...other stuff) and he helps me see the business side of things.

Here's hoping that tomorrow is a much better day for you. On the bright side of things...maybe one of these jobs will work out for you. I know how upsetting it is to not be able to do the job you loved...but just being able to get back a small sense of "normal" would probably feel great. Some employers...believe it or not...are not evil. Maybe you'll luck out.

My employer waits until you are "permanent and stationary" to offer you 1) reclassify (new job), 2) resign, 3) retire. If you take retire you get a medical retirement with ins. After 18 months I'm not permant and stationary, I have no idea which I would choose when the time comes but it'll definately be between retire and reclassify, NOT resign!

Good luck, a former coworker showed me her reclassify list and they were a bunch of jobs she couldn't do either.

Modified jobs are such a joke. Well...not the jobs themselves per se but the way companies use or come up with these jobs. My employer handed me a list at one point of 7 things that they felt fell within my work restrictions (this was way back after I was first injured before the RSD diagnosis) and there was one I thought I wouldn't be able to do but the rest were fine. They said, well that's the one we want you to do, and then sent me home saying I refused to do the work they offered me. I have never done that to an associate as a manager but apparently that's how the company handles these sorts of things. If that's what they consider "acting with integrity" then I guess I am just the rare person who has a higher standard for the word "integrity."

Despite all this though...I am really excited at the idea of returning to work. I miss working...hate staying at home and not being able to do anything. When I was able to return to work for almost a full year (before the RSD got worse)...even though working made the pain worse I was able to cope with it better at work because the work itself was such a great distraction. I wasn't consumed with thoughts about the pain constantly even though I was IN pain constantly...there were other thoughts and things that I had to do that distracted me while I was at work. And just the fact that I felt more normal...oh how we take that for granted when we have our health. I hope to get that feeling back once I return to work. I know I have limitations but I do not want to let this stupid thing beat me...I'm 28 years old and I am just not ready to give up on my life yet...and working is a part of that life. So I really, really hope that I meet my goal of going back in January. I am SO ready (mentally) to go back and have been for a while. Just need my body to catch up and then I'll be good to go.

If you start working with one year of when you claim onset of a disability, for SSDI, you jeopardize your award (even retroactively.) I'm not sure if this applies in your case, but it is a major risk...

If WC does not offer retraining in your state, what about utilizing the Ticket to Work program through SS? (After 12 months post onset...) There are jobs available to you that will provide you with special accommodations not available to the general population. You'll likely be tested through your state Voc Rehab center. They'll send you to their own doctors if needed, to determine what you're realistically capable of.

If you qualified for SSDI, that should mean your disability is so severe it precludes you from work where you'd make more than $1000 per month. Your doc/s must have been supportive of that... Did your doc/s fill out an RFC for you?

WC will use anything from your SS case that's to their advantage against you. Likewise, you should be able to use the fact that SS has determined that you're unable to work above the SGA level, in your favor.

Alt,
my prayers and best wishes that all goes well for you!
This all can be so very draining.
All the best to you!

pete

asb

My ssdi is on hold pending wc settlement. That way they can determine my monthly amount and retroactive to Jan. 2011. My doc. says I can work from home as long as it is not stressfull, and I can elevate my leg, and not much thought process. (lol medication slow).
They found 4 jobs outside the home based on wc doc. modification. 2 inside the home. Which is a pc technician.
I appreciate everyones input to this. It really does open your eyes when others are looking at it for you.

How are things going today Alt? I can see that this can be very trying on the brain and I hope for the best for you...

I would wait until the full 365 days has lapsed before engaging in FT work if you're counting on the SS backpay... If they were to reverse your Fully Favorable decision, you would also lose out on the Ticket to Work resources. You're so close anyway.

Are you receiving TTD currently?

Did SS ever run the formula if you receive max WC benefits will you receive any SSDI? While there's often an offset, usually you still receive something. Did SS put this in writing btw? That they're waiting till you settle WC? It is essentially forcing your hand to wrap your case up.

I requested a letter on monday from ssdi that I was approved but they were waiting for wc to settle before determining my amount.
I am in no shape ready to return to work, esp. in the middle of winter which is my worst months. I get max benefits right now from wc. what they are offering as tpd is way below what I was making when I worked.
I don't know if ssdi ran any formula, I haven't heard a word except me asking for a letter.
Today is better Jimbo, thanks. I did apply to the jobs I could do on line. One is in person and my husband is working and I have given up driving under the influence. lol I don't feel comfortable with my pain patchs. My reaction is much slower then usual.