Dear Purple Foot,

I would recommend that you follow up on this since you still have time. This could make the difference in getting approval if the ALJ may be "on the fence".

I met with my lawyer yesterday to go over my case. I did ask about having a functional capacity evaluation done. His recommendation was to not have it done at this time. If there is a reason that we would need to contest the results there would not be enough time to do so and may hurt us if we go to an OT on a bad day or with little understanding of CRPS. I don't really understand why he would think we would need to contest it. I can not walk, stand more than 15 minutes and only assisted, lift more than light items conveniently placed, reach without loosing my balance, sit without having to find a way to elevate my foot above my heart every 15-20 minutes. I hate to go behind his back and have it done against his advise but I don't see how it would hurt. Would any of you recommend having it done anyway or should I stick with his advice?

He did give me a form to have my PM, PCP or Ortho fill out that he thought would be more useful called the RSD/CRPS Medical Source Statement. My PCP will not fill out forms, I have only seen my current PM once so my Ortho is going to help fill it out come the end of March. It was the earliest he could get me in. Is that too late? Am I breaking my contract with my current PM if I take it to my previous PM, who I only left when he asked me to find another PM when he ran out of treatment plans?

HELP

It's a tough call if you should go against your attorney's advice. I'd generally say no, but I personally think he's wrong in this case. Maybe try and explain that you don't have good days. (The law changed recently and attorneys must submit all medical documents now, where as in the past they would pick and choose what supported the case...)

The FCE can take place over a few or even several days if needed. I had to break up mine over several days. It's also a good way for the therapist to document how long it takes you to return to baseline pain levels.

I have RSD as well and my FCE validated how quickly my dominant hand begins the cycle of swelling and pain from any fine motor skills--like typing, writing, grasping paper, etc. My physical therapist used water displacement to measure the swelling that occurred after doing various office tasks. It resulted in my being given a RFC rating with only two potential jobs prior to my hearing. I received a bench decision with the ALJ deciding that my RFC rating was less than Sedentary.

a primary care physician who wont fill out forms is less than useless to someone with a disability who is trying to get SSDI and who will need forms filled out periodically even if you get a favorable decision at your hearing. when you get a chance find someone else to be your PCP who does fill out forms.

i dont know what your contract says, but i dont see why it would be violated by having a form filled out by your former PM based on observations and information gathered while you were his/her patient.

Usually you're only in violation of a pain contract for seeking narcotics from another doctor.

ahh! Thank you Lit Love. I was not sure about that, but was going to ask my new PM on Tuesday about that.

Hi Purple Foot,

I believe a Medical Source Statement covers a lot of the same information that would be on a residual function capacity.

Is the Medical Source Statement designed by your attorney or is it a standard format?

If it is tailored to YOUR condition(s), that will be helpful, instead of a Medical Source Statement that is too generalized to properly depict your limitations.

I am a little concerned that an Ortho would be the only one you can get to complete the Medical Source Statement. Would he be aware of all your limitations? Can he speak about areas outside of his specialty that affect you?

I would definitely get the Medical Source Statement completed. Have the physician give it to YOU, and if you think it beneficial, pass it along to your attorney. If it does NOT support your case, then keep it to yourself. I say this based upon the post that your attorney MUST submit all documentation he has received regarding your medical condition.

That may not be good advice, but that is what I would probably do. There is a catch there, too. If the physician completing the form (Medical Source Statement) keeps a copy of it in your file, (which he probably will), then it may be obtained by SSDI without your submission to your attorney. On your application, you have agreed that SSDI may contact your physicians and obtain your medical records.

Talk with the physician about the medical source statement before he actually completes it, to be sure he is on board and supportive, so you don't have something written in your file that may harm your case.

The statement that was given to me does not look like one that was created by my attorney. Looking at it, it has a copyright on the bottom from someone outside of my lawyers office for patients going for SSDI. It is intended for patients with CRPS/RSD so it is based on my limitations.

The reason I figured my orthopedic surgeon would be the best doctor to fill it out is... He is the one who originally thought it might be CRPS and recommended I see a PM. The pain management doctor that I first saw, and treated me for the first few months and who gave the original CRPS diagnosis is a colleague of his that works in his office, so he has records of the diagnostic criteria that I met and still meet. He has full records of my progress and continuing treatment even those away from his office. He is the only one that has stayed with me from day one. He is trying to help me as much as he medically can so he is keeping a close eye on how I am progressing or I should say, not progressing.

If it was not for everything listed above, I would have made an appointment with my previous pain management doctor to have him fill out the form. I just felt my orthopedic surgeon was a better choice.

Hi Purple Foot,

From your post, it sounds like your ortho is IDEAL for completing the medical source statement. I am so glad to hear that he is supportive and willing to help you.

Also glad to hear that your medical source statement is tailored to YOUR medical condition.

I have seen many of the medical source statement forms for various conditions and I think this will be of great help in your claim.

ONE word of caution. These forms are sometimes ambiguous in their wording. One area on mine was understood by both my physician and myself to mean one thing and I discovered that it was NOT what either of us thought. We had to answer that area differently once we discovered the ambiguity.

If I can remember to do so, I will look it up and pass along the way SSDI looks at that question versus the way it "reads".

You may want to go over the questions one by one with your attorney BEFORE you have your ortho complete it so that your doc does not make the same mistake we had to fix.

Most of the statement form is straight forward but there are a few spots that can be misleading in the way it is worded.

If I don't get back to you, PLEASE send me a PM to remind me. I want to help but I forget to do things if I don't write it down and put it on my "to do" list.