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Dropping my case to go back to work

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Old 02-23-2018, 05:09 PM   #1
Alice P
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Default Dropping my case to go back to work

I've been denied at initial and reconsideration and my lawyer has just (last week) filed for a hearing.

My husband is in the middle of a bloody battle with Workers Comp, he has CRPS and can't work . WC is dragging this out and if I don't go back to work we will have to sell our car and possibly our house. I can't bear to lose everything we have worked so hard for.

Does anyone know how I go about dropping my case ? I will contacted my atty over the next few weeks, but I just wanted to know how it works. I signed contract with my lawyer, do I owe them anything ?
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Old 02-23-2018, 05:59 PM   #2
Jo*mar
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I think you will still owe some atty fees, but maybe you don't need to totally drop your case.. There is a limited income you can earn and still get SSDI. It might be trickier to prove disability if you are able to work, unless minimal hours or minimum wage job..

You might contact that atty and tell them the financial situation and see what they say or suggest to you.
If you have your copy of the contract that might tell you if you can & how to drop a case.. But I'm sure some fees are expected for any work done so far..

Hopefully someone that knows the system & atty contracts better will chime in..
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Old 02-25-2018, 01:38 PM   #3
LIT LOVE
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You do need to notify SS and your attorney once you return to work, but you should NOT drop your case. You may be unsuccessful returning to work and until you test your ability, you won't know. Having an Unsuccessful Work Attempt (UWA) can actually help in some cases.

If you've been out of work for at least one year, you can also request a Closed Period Award for the period you were unable to work.

Jomar is referring to Significant Gainful Activity. The SGA level for 2018 is $1180 but if you are able to make near the top range of that, you're unlikely to be approved unless you meet a Listing.

Attorneys are only paid from backpay, so don't worry about fees. I don't remember if they can bill you for incidentals like copies out of pocket in this scenario, but it would be minimal.

You might consider contacting your local Voc Rehab Center. They may or may not have a waiting list and or available funds, but they may offer help retraining and provide funds while you do so. They may test your functional abilities by sending you to their own doctor's. If they determine you can't work, this can be evidence in your SS case.

Did your attorney ever address why you didn't meet your Listing???

Has your health actually improved? If you can work, you should, but if your lung function is still seriously compromised, you seem unlikely to be able to and from a recentish post I thought it was not going to improve? --You might be able to work from home, so you could consider a telecommuting or online job.

I've had CRPS a long time, so I understand what your husband is dealing with. In my experience, WC docs have often often been clueless about the disorder while claiming expertise. Don't sacrifice your own health in order to save your finances. If you're not both in therapy, I highly recommend it, you're being hit with multiple serious life stressors all at once. (Look up Low Dose Naltrexone for him if you haven't already.)
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Old 02-25-2018, 05:23 PM   #4
Alice P
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Quote:
Originally Posted by LIT LOVE View Post
You do need to notify SS and your attorney once you return to work, but you should NOT drop your case. You may be unsuccessful returning to work and until you test your ability, you won't know. Having an Unsuccessful Work Attempt (UWA) can actually help in some cases.

If you've been out of work for at least one year, you can also request a Closed Period Award for the period you were unable to work.

Jomar is referring to Significant Gainful Activity. The SGA level for 2018 is $1180 but if you are able to make near the top range of that, you're unlikely to be approved unless you meet a Listing.

Attorneys are only paid from backpay, so don't worry about fees. I don't remember if they can bill you for incidentals like copies out of pocket in this scenario, but it would be minimal.

You might consider contacting your local Voc Rehab Center. They may or may not have a waiting list and or available funds, but they may offer help retraining and provide funds while you do so. They may test your functional abilities by sending you to their own doctor's. If they determine you can't work, this can be evidence in your SS case.

Did your attorney ever address why you didn't meet your Listing???

Has your health actually improved? If you can work, you should, but if your lung function is still seriously compromised, you seem unlikely to be able to and from a recentish post I thought it was not going to improve? --You might be able to work from home, so you could consider a telecommuting or online job.

I've had CRPS a long time, so I understand what your husband is dealing with. In my experience, WC docs have often often been clueless about the disorder while claiming expertise. Don't sacrifice your own health in order to save your finances. If you're not both in therapy, I highly recommend it, you're being hit with multiple serious life stressors all at once. (Look up Low Dose Naltrexone for him if you haven't already.)
First, thank you for the information. You’re awesome !

I didn’t know that I could go back to work and not drop my case, but it makes sense. Test the waters and see how it goes.

I quit working in July of 2016 because of COPD. Is a Closed Period Award pay for the time a person wasn’t working?

We do have a Voc Rehab here in Reno. I know a few people that have gone there and it worked out well for them. I will call and get some info.

No, my atty has not addressed the listing. The majority of my correspondence since the denial has been with the paralegal through e-mail and phone. I’m ok with this because he responds right away and also sends me updates.

No my health hasn’t improved. I was just recently dx with DDD, so I have an officially been dx with COPD, diverticulosis AND colitis and DDD. All of these conditions have exacerbations and that’s when working would be impossible, there are not many employers that would let you take weeks off work because you’re sick several times a year. Maybe some temp work? I don’t know ?

I’m sorry you have CRPS, it’s a nightmare. Yes, you are right about WC doctors, it feels like they just shuffle him through their offices with no real answers. One of his biggest frustrations is he feels like no one hears him. He just went to a PT for an FCE and she told him not to lose hope, that people with CRPS do get better and that with some effort on his part he could too. This was a huge moment for him. Just knowing that he was heard and offered some hope…

Yep, our life right now is pretty stressful. And things keep pilling up. We just had our older cat put down and it was/is hard and painful, we had him for eighteen years and he was a part of the family. My dad has Non Hodgkin's Lymphoma and I found out yesterday that it has metastasis. He also has heart problems and diabetes and I feel in my heart that he won’t be here for much longer. I feel like before we can even get up and dust ourselves off, another tidal wave hits. But I also know that there are so many people on this earth that have it way worse than we do. So, I’m truly thankful for what we do have.

It seems like the more that’s pilled on, the closer my husband and I get. We are big believers that communication and support make the marriage and we’ve stuck to the promise that we would not sweep anything under the rug…. We do have bad days, frustration, anxiety etc. but we are there for each other and support each other.

Again,thanks for taking the time to respond.
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Old 02-25-2018, 05:40 PM   #5
Alice P
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I looked into Low Dose Naltrexone. Sounds interesting. Thanks.
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Old 02-25-2018, 09:46 PM   #6
LIT LOVE
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A Closed Period Award would still have the 5 month waiting period and then you'd potentially be eligible until your health had improved enough to return to work.

You are required to notify SS once you begin working, and they may have you report earnings monthly.

If you have substantial equity in your home, you could look into buying down or if your husband is old enough to qualify, perhaps a reverse mortgage? Could you rent your home for a year or two and move in with family?

WC is a nightmare as well.

Aggressive, early treatment is the best way to put CRPS in remission. If he can ketamine infusions, it's a great option. If you have access to a warm pool, swimming is highly recommended. Epsom salt baths or lotion help with swelling and Lidocaine patches help many. I responded well to hyperbaric sessions to deal with spread, but my original injury site was likely too old to improve substantially. Etc.

Last edited by LIT LOVE; 02-26-2018 at 09:39 PM.
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