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Reflex Sympathetic Dystrophy (RSD and CRPS) Reflex Sympathetic Dystrophy (Complex Regional Pain Syndromes Type I) and Causalgia (Complex Regional Pain Syndromes Type II)(RSD and CRPS) |
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01-18-2009, 06:35 AM | #1 | ||
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Thanks. I haven't secured an attorney yet. My insurance company has been very good to me, which I'm aware is not the norm, but I believe it will probably in my best interest to get one unless the insurance company makes an offer that seems more than fair. But that's the problem.
What is fair? I'm disabled enough to have received SSD on my first try, which I've been told is rare. There's a good chance that I'll never be able to return to my prior occupation as a massage therapist. I'm in constant pain, very limited, and the medication I'm taking doesn't do enough to provide any sort of quality of life. I haven't given up on a cure or at least getting better but from how I feel, the length of time I've had the condition, the lack of any breakthrough in treatment, and from what I've heard from people who've had the condition for several years, there's a good chance that I'll remain disabled for the rest of my life. And that's a hard thing to write. That's why I'm wondering what to expect for settlement. Any ideas? |
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01-18-2009, 05:15 PM | #2 | ||
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Hi Jennifer,
I've sent message back by pm but not sure if you got it. gave you my ph. number. let me know if you got it or not and i'll try again. Loretta Jewell |
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01-22-2009, 03:30 AM | #3 | |||
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My experience with wc was just one of the many horror stories of an injured worker. In Florida you can't hire an attorney just because you're on wc. A lawyer here will only take your case after you've been denied something. For instance, in my case they weren't paying me and were denying me physical therapy. I think in Arizona you can't hire a lawyer until wc closes your case. At that point you can get a lawyer and have your case re-opened. That one is the silliest thing I've ever heard of but that's the way they wrote their laws.
As for settlement, I'm sure just as each state has different rules, they also reach a figure for settlement differently as well. I've seen a lot of people say they had to go for an exam to determine the % of disability(impairment rating) so wc could throw a number for settlement out there based on whatever the % for a body part(s) is. I was never sent to a doc for a impairment rating. In my case, wc added up what they had spent on my care up until that point in time(a yr and a half), then came up with a number of what they might spend on me in the next yr. Since wc doesn't pay for pain and suffering or lost wages, the settlement will never be enough. If you're lucky to live in a state with lifetime medical that's good. Florida has no lifetime medical so there was no reason for me to stay on wc and fight while they destroyed my life. I went to mediation, bantered back and forth for about 2 hours and settled on a $$ amount for settlement. The best I got was 40k, 10 of that went to my lawyer so I got a check for 30. Each of our cases are unique, just as the laws are. I don't think anyone can say what a fair or reasonable amount may be because it depends on the state, the wc laws and whatever else they use to figure things out. They don't care that this is a lifelong condition and won't take that into account when tossing out a $$ amount to settle with you. If you're unsure of what your wc laws are for your state, then your best bet would be to pick a wc lawyer and take advantage of the free consultation they have. Then you can ask them when you are able to hire a lawyer or if wc has lifetime medical in your state. WC lawyers are paid when your case is over and settlement is reached. You don't have to pay them any money up front to hire them or anything like that. I do know every state has a % that lawyers can take. Like here in florida, the Fee Schedule is 20% of the first $5,000.00, 15% of the next $5,000.00 of all benefits obtained and 10% of the benefits in excess of $10,000.00 during the first 10 years, and 5% of the benefits obtained after 10 years. We also get a lump sum settlement which means we get it all at once. I had a friend in california on wc. There, the settlement is given by annuity. When she settled she was mailed a check every month I think it was and that continues until all of the amount of her settlement is paid out. Out there they also take a portion of your settlement and put it into a separate account. That money is used only for paying for docs,pt and meds or docs and meds, whatever you have need of. Once that money is gone you have to self pay. Sorry this is so long. I really hope this helps you somehow. Hugs, Karen
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Laugh until you cry, don't cry until you laugh. Living, loving and laughing with RSD for 14 years and counting. |
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09-13-2010, 10:40 AM | #4 | ||
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09-13-2010, 11:54 AM | #5 | ||
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09-13-2010, 08:45 PM | #6 | ||
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JK....the amount of SSDI backpay is offset by WC when combined they would equal over 80% of your pre injury income.
It sounds like in BD's case it will come down to how the WC settlement was written. I don't think it's fair to count medical payments/compensation against SSDI backpay, but if the settlement was written just as a final settlement/payment maybe SSDI could justify not 'double paying' for that period. I hope it works out for you BD
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