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Thoracic Outlet Syndrome Thoracic Outlet Syndrome/Brachial Plexopathy. In Memory Of DeAnne Marie. |
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#1 | ||
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Junior Member
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After fighting WC and SSD for over 7 years, I finally won both cases.
The WC is a matter of some paperwork but the judge awarded a life pension and retroactive pay. I was to attend the SSD hearing next Monday but the judge revised my records and called my attorney this week to offer a favorable decision before my hearing date. It was very clear to me that Dr Togut's med opinion played a big part in that decision. Woopey! This is huge for me. Not all of you know but for close to 4 years now I've been trying to survive without any income or proper med treatment. There were many dark days when I sank into a deep hole of depression and I have no idea how I kept going. Perhaps I'm more stubborn than I ever thought and I wasn't going to give WC the satisfaction of getting rid of me. So, those of you who are frustrated with your disability cases, don't give up! Most of the time that's exactly what they want you to do and if and when you do that, they will label you as a faker. We here know you're not faking the horrible chronic pain and frustration that comes with a progressive med condition like TOS so DON'T GIVE UP! Always tell yourselves that if you give up you'll never know how great it feels when you finally get to win your case on your own med evidence and honesty. |
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#2 | ||
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Piruka,
Congratulations! I'm so happy for you! I'm glad to hear that somebody who's so deserving and has been through so much has finally won. Thanks for updating us- now go out and celebrate! ![]() |
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#3 | |||
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Magnate
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Piruka, that was such amazing news to read. For those of use that followed the long battle it is a great outcome to hear! W/C is such a battle when its purpose is not ment to be.
What a ton of bricks off the chest. Be well Dianne
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. Pocono area, PA . . . |
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#4 | ||
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Piruka !!!
CONGRATULATIONS !!! ![]() ![]() ![]() ![]() ![]() ![]() I am so happy for you. It is all over and you can get on with your life and breath easier now. I am going through the same thing, except I have SSD. My case is going nowhere. It is in limbo now. I have to call if I want to light a fire under my lawyer's butt. Your note surely does encourage me. Thanks for letting us know......Hope |
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#5 | ||
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Junior Member
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In my case I think I got lucky and found an attorney who was no stranger to TOS because he had several other cases involving it. He also was very good at explaining things "in english" and on time.
One thing is for sure, the process takes forever. It's like a game wc likes to play and meantime we're stuck in limbo waiting for the end result. My attorney told me of an IME who had over 200 TOS cases sent to him and all of them he only would admit to a possibility of TOS for about 12. No wonder wc kept sending people to him! I was sent to several of their docs and non of them had treated TOS or were specialist on it. I was surprised they didn't send me to dermatologist to give their opinion on TOS! By the 3rd doc I learned to shut my mouth and not try to explain TOS since these docs thought TOS was at worse a case of severe whiplash. The lowest of the lowest was them claiming I was an addict but my records clearly showed I didn't even use all of my monthly prescription of pain meds and my pain doc had notes as to how he insisted I take all of them all the time. One thing my attorney did good was make sure that the docs testifying for me were specialists experience in TOS because they would always bury the opinions of their IME's. Also, a good report from a vocational rehabilitation expert supports your claim of being unable to fill any job in the market due to your limitations. |
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#6 | |||
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YEAHHHHHHHHHHHHHHHHHHHHHHHHH!!!!!!!!!!!!!!!!!!!!!! !!!!!!
Ok could not be happier for you hope your treatment works as well as your lawer!!!!!!!!! I too have just felt the jubilation of winning a w/c case....but now have to deal with them again.....devil u know???? take care best of luck hugs, Victoria
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How poor are they who have not patience! What wound did ever heal but by degrees. . |
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#7 | ||
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Junior Member
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well IM WONDERING WILL THEY TAKE MONEY FROM YOU BECAUSE YOU RECEIVE WC TO SURVIVE OR DO YOU EXPECT TO GET ALL YOUR BACK PAY.
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#8 | |||
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Magnate
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Our experience has been the w/c is primary and the ssdi Is secondary. That is how the ss admin explained it to me. The award of ssdi will remain but is offset by the w/c. Anything left over from ssdi would be paid next. One thing that is suggested is to settle the w/c and have the written verbage state that it is dispersed over a lifetime. Even though the amount is paid at once, the structure will avoid living off that total amount for several years before the ssdi would kick in. If there is a lien on the ss as in Welfare then an agreement was made to pay back the wefare and that portion is paid directly, and then if an attorney, their portion is paid too. Then a check is sent to us. In my dd case she had ssd and ssi award. The ssi award was dispursed in two seperate checks. About half one year and several months later a second check for the final amount. Piruka won this award some years ago and wish she would stop by and see how things are going with all the hassle and battle behind her.
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. Pocono area, PA . . . |
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"Thanks for this!" says: | (Broken Wings) (05-09-2009) |
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#9 | ||
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Junior Member
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Quote:
In my case it I was awarded SSD (different from SSDI) and WC. There wasn't any adjustment either way when I got my payments, retroactive and/or monthly. SSDI is more strict about any type of income you're receiving since they're based on your need for income, together with disability. I'm sure this might be slightly different in some states so it would be a good idea to discuss it with your attorney. Hope everybody's still doing well with their daily challenges. Seems like the best thing is to keep everything as simple as possible and if something can't get done...oh, well! It will get done eventually. Stress will increase the pain and it's not worth it. |
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"Thanks for this!" says: | (Broken Wings) (05-16-2009) |
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#10 | ||
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Senior Member
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No offense Piruka, but I think you did mess that up a bit.
SSI is if you are disabled (or retired ) and low income SSDI is if you are disabled and worked enough to qualify SSD, I've never heard of |
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"Thanks for this!" says: | (Broken Wings) (05-16-2009) |
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