Oh Beth, some days all you can do is lie down and cry... but that causes a flare up, so dont.

I feel your rage, pain and frustration.
(((((((((((sistahBeth)))))))))))

I think checking in to find out what can be done about the "delay tactics" is a good one.
Do you have any Drs documents or reports that state your condition of increased pain after the other FCE testing?
You may may need something that explains about the increased & "delayed pain" syndrome that accompanies TOS.

Latest is they have backed down on both the functional capacity exam and the prognosis request. My lawyer sent off a pretty stiff letter reminding them we had already sent them an FCE - and, surprise! - they had "just" found it! So another one won't be needed "for now". I think they got the drift he's NOT going to be patient any longer. They say they have enough for the "vocational expert" to work with, and if he needs anything else they will obtain it in the most efficient way possible. Can't wait to see what this "expert" says! (He has NO medical background, degree is in vocational rehab.)

He faxed back asking for a FIRM date when we will have their counter-offer, but hasn't gotten a reply yet.

We have a phone conference tomorrow with the Special Master, and once again, NOTHING has changed since the last one - but if some forward motion doesn't take place, or opposing attorney pulls any more delaying tactics, my attorney has a legal motion of some sort ready to file against her.

October 5 will be 15 months since Special Master ruled in MY favor, and still without a counter-offer from opposing side!!!!

Think good thoughts, say a prayer, send me some good karma tomorrow morning - just DON'T cross your fingers please!!

beth

"Think good thoughts, say a prayer, send me some good karma tomorrow morning - just DON'T cross your fingers please!! "

Beth, my thoughts will be with you. May it go well for you.

Beth I just watched that documentary / promo thing on "The Secret" about invisioning success before it happens.

So picture that your settlement negotiations have already happened, that you are happy with the outcome, and that the deal is DONE.

Also, if at all possible, try to replace any "bad" feelings (frustration, anger, etc.) with good feelings of peace, contentment, even excitement with the sum you are going to be given.

I don't know if the Secret works, but it is better on our system I believe than the alternative, of worry and "bad" feelings. I am going to try it in my life and see how it goes.

Hhhhmmm, I see Beth...she's smiling because her case here is settled to her satisfaction - and VERY much so - and her husband and kids are quite happy around her. Her pain level is down, because the stress of this is now gone...forever. No more bothersome exams or hearings...she's really pleased about that. And the finances look very good...

How does that feel?

We will be ok...some days I want to lay down and say screw it!! Other days I work through the pain anyway...today is a sad day..my situation is bad but no matter where I have been my thoughts and prayers are with all of you guys and our pain being better...our lives being better and hopefully yours will soon..I know the waiting and finances can take a toll....you keep wondering when will it end? I'll pray its soon for you and you can breath a little easier...missed talking to you..Amy

I hear ya
I feel ya
I LOVE ya

Us legal MED Patients deserve a shinning star and more.
Peeps have NO clue what we go thru, huh?
Its a travisty, its cruel and just plain wrong.
Here the attorney's and insurance company's are getting richer by the second living and breathing luxury.
You and I get:
NO medical treatment
NO relief
NO peace
NO personal financial rewards, mind u re-payments
NO assurance
NO love

Yes, they r ALL waiting for me to die
As the defense, so called big shot attorney's first depo (2nd depo) question just days after my last chemo treatment was, "I understand you have cancer or been treated for cancer, so whats your prognosis?". A flush came over me as I visioned my worstest arm reaching across the depo table going for the juggler. Seriously. I was angry, felt defeated, had no response for several seconds as my eyes filled with tears. Then I looked at him and the university's Risk Management Coordinator and responded, " I'm fine, its all behind me unlike this TOS chronic pain". Underneath my breath I said to myself "O, dont mess with cyn, you think I have been giving you a hard nose. You haven't seen anything yet, ***** h*&%".

Mind you there are days...just ask folks here that I get so angry, so emotional with the lack of compassion, the delays, denials and stupidity I loose it. Then my lil' friends here, my grandkids make me smile, my family and personal friends call and I'm ok once again. Then I find the strength once again.

Hey, we all here on the forum have this dastardly pain which there is no cure for.
We try anything, everything to help and have made serious life changes and adjustments.
Disadvantages, disabilities & the pain is overwhelming.
But, we have each other and WE understand.

Deal with the madness YOUR way and when the anger turns to pixie dust YOU will find ole Beth's courage, strength and determination to get back on track & as I say...GO GET EM AND HIT EM HARDER THIS TIME!

Remember to document, document, document
XXOO

ISNT IT AMAZING?
It plays a BIG part on my guided imagery

Today's conference:

Opposing atty says vocational expert MAY be able to start working up something as soon as today as far as lost wages - that this is the final piece they need before giving me an offer. However,they have a problem with discrepancy between past wages (part-time, pre-school and projected future wages;this year - 2007 - when my youngest entered jr high and takes an earlier bus, I had planned to find a full-time teaching position w/benefits in a local school district.

At the time I got hurt I was working 4 mornings a week teaching toddlers and 2-3's at a wonderful preschool, a model program. Some of our work with the kids has been exhibited at national early childhood conferences. It was a very exciting and professionally challenging environment based on the best research-based practices, w/top early childhood staff and teachers. It was a great interim job for me that offered possible growth, as they also had a.m. and p.m. 4-yr old preschool classes and now offer all-day kindergarten, and I knew it wd be GREAT for my resume when I DID approach a school district for that full-time teaching position.

Now this vocational expert is fussing because beginning in 2007 my future wage loss is based on a full-time teaching salary and benefits rather than a part-time pre-school position/w no benefits. But I have a BS in Early Childhood Ed, (w/honors), have worked for 2 school districts in the past, although part-time, and have been a Director/teacher of a preschool as well as teaching from 18 months-PreK. And I have a great resume and glowing references, plus lots of experience. I would have had NO problems getting a job teaching ECE, kindergarten or 1st grade, had I not been injured.

In addition to his problem with the wage difference, he MAY want a psych eval to "determine my feelings about work". (Umm - I LOVE teaching - how do I manage it without flaring my pain, without using my arms overhead, or lifting over 10 lbs, or repetitive motions, no standing for long periods, all my other restrictions? My dominant hand has severe RSD, writing is painful and I'm not supposed to use the computer much either - how do I do my lesson plans? I have bilateral TOS, full-body RSD, fatigue, severe depression - would you employ me to teach little children? Several Drs say due to my severe pain, disability and depression I am totally disabled for work, and that my condition is not likely to improve. That doesn't make me feel too good - I'd much prefer to be healthy and working, really, you moron!) Not sure if he would administer this exam or make an appt for me to have it done locally.

Opposing atty asked for 45 days to get these things accomplished. My atty about blew a fuse as we'd been led to believe we wd finally be getting a counter-offer this month by prev. atty, who since was reassigned and case handed to this new one. Special Master also says this case needs to move along, but we can't punish this atty for having case reassigned. He did say this case should be her top priority. And only granted her 30 days, and voc. expert only 10 days to decide if he wants the psych exam or not. If he does, the exam must be scheduled before the 30 days are up - not the actual exam given, just scheduled to be given.

My atty also asked for a motion for damages, which means actually going back to trial on the damages, unless we can settle first. This way we now have a date on the Special Master's docket, for January or February, depending on which is best for majority of witnesses - that will be decided within a week. Maybe the strategy will show other side we are willing to play hard ball, and they will quit messing around and get serious about a settlement.

I hope VERY MUCH we don't have to go to trial, I just want this ended so we can have some kind of life and move ON! When I got hurt, my girls were 7 and 11, in second and sixth grades. They now are 12 and 16, in seventh grade and Jr yr of high school. Time flies when you're NOT having fun, huh?

beth