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  1. #1
    Join Date
    Jun 2007
    Location
    Virginia
    Posts
    114

    Question Leaving a Job or Applying for Social Security Benefits

    Hi, I would like to know if anyone can help lead me to information that I need. I am thinking of cutting my losses and leaving my job. It has been a long fight but i do not have the fight left in me.

    I would like to know if anyone knows if you leave you're job which you have a workers comp case, and Would not be able to find work due to disablity.
    Can you file for Social Security Disability? I know that in most cases there has to be a set aside for Medicares interst, but in this case the insurance carriers and employer has never done a settlement after almost 7 years and does not show any signs of doing it. If i leave my job will they not still be responsible for medical if you have a life time medical award?

    I know that I would not get the TTD or anything but I just need to know if anyone else has left their jobs and gotten on Social security with no settlement pending. Also Are you still able to get Medicare later on?Or is that bared because of no settlement and medicares interst?


    I have a attorney however he is considering in his words, He is desiding if he wants to continue with my case since they do not want to settle, Can he do that and what happens if i dont leave the company and if i have a medical issue that they will not pay for and i have to go back to court? If he backs out then i will not have a lawyer to repersent me.I have tried to find other attorneys but because my case is almost 7 years old and the employer insurance company does seem to want to settle no one will take my case, not only that will i still be responsible to pay him, if they ever do?

    We went to court over my adding my ankle and foot to my case due to injuries not sure how they will desided on that, but the companys lawyer only ask me one question with surprise us all. I just pary he did not pay off the judge, i do know that he visited the two doctors involved. Seemed to be on top of everything which is more then i can say for my attorney, but when we got to court then he seem so out of place, chewing gum, and couldnt find papers he was looking for.. Anyway i just want to know if anyone can help me to figure out what is best.

    I am really tired and just figure that i should just cut my losses and save what little bit of sanity I have left. But have to make the best choice because I am the only one working in my housewhole. OH one more question does anyone know how long it takes to get the Social Security payment. because i need to figure out how i am going to pay my bills if i leave until it kicks in.. I would apprecaite any help..

  2. #2
    Join Date
    Oct 2006
    Posts
    9,108

    Default Re: Advice

    workers comp is not your health insurance; it is the employers insurance.
    the employer will still have work comp insurance and they are still required to pay your claim when you leave their employment.
    eligibility for social security does not require a work comp settlement. you can be granted benefits while your comp claim remains active.
    you can change attys at any time and the fee will be split.

  3. #3
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,017

    Default Re: Advice

    If you can perform any type of gainful employment, you are not eligible for SSDI benefits.
    Info on the SSDI application process is here...http://www.allsup.com/about-ssdi/ssdi-process.aspx
    But you should note...The wait period at level One may take as little as three months, but the average is four to six months. Only about 36 percent of initial applications are approved.


    I have a attorney however he is considering in his words, He is desiding if he wants to continue with my case since they do not want to settle...I have tried to find other attorneys but because my case is almost 7 years old and the employer insurance company does seem to want to settle .
    Kinda confusing... at any rate...regardless of how many attys, there is but one fee. Your atty can petition to court to be removed from your claim. Fees must be approved by the comp court.

    You are entitled to medical treatment as long as your doctor feels necessary, and can provide the basis for a request.
    A WCMSA would only be required if you are Medicare eligible, and you close out the comp benefits.

    You should try and keep the comp claim and associated benefits completely seperate from the SSDI application, the two are not connected and benefits from one are not dependant upon the other. (but for the 80% income rule and potential offsets).

    If you are back to work, and receiving any benefits you are entitled to due to your injury, you are not being jeapordized in your claim...the medical is still available to you, as are any wage loss benefits when you are eligible.

    I'm not sure why you would be thinking of leaving the work force. And at this time, IMHO, you won't qualify for SSA/SSDI benefits. Based on the info you have provided in your posts.

  4. #4
    Join Date
    Jun 2007
    Location
    Virginia
    Posts
    114

    Default Re: Advice

    Hi, thank you for you're response, I have to ask what is IHMO could not figure that out. The resaon for leaving the work force is for several reason but mostly because my injury is gotten much worse and the Workers Comp Doctor has already take me out one day because of the pain and disibility.

    I am unable to do daily task now such as wash dishes, vaccum, or even cleaning house unless I plan to do something small like even go through papers and then i spend the next two days in bed because of pain.

    My employer has me answering Phones at work now, that was a job they created for me so that they did not have to pay for me being out. But just doing that, by the time i get off, My back hurts so bad from muscle spasms as well as the pain in my left leg, that it is all i can do is to make it home and to bed.

    How i figure that being at home will help i can not explain. But Also due to my injury i am now on High Blood pressure Meds, Anxiety Meds and Zolof. The stress that I have to deal with at work as well as with my injury itself has gotten the better of me. Guess you can say i have no fight left..

    We went to court yesterday (just as a example) and i ask my attorney if he thought that we had a chance in winning my claim for adding my leg, ankle and foot and he said no i dont, and really it is not nessary to keep coming back just for medical, because i have to figure out if i want to continue with you're claim, he said I will still be there if you need to ask questions but they are not going to settle so there is no benefit.

    I contacted the commission my self because i had began to have trouble walking on my left leg, I have been told for the last 7 years that the leg, ankle and foot problems were just coming from my back, but in the last 6 months it got worse where i could not put pressure on that foot at all and the leg pain was so unberable.. I tried to contact my attorney before contacting the commission but after two weeks of trying and getting no response, i had to do something. I knew that I had not done anything to my foot or ankle any different, and after all i am not able to stand but so long due to the grade 4 herniated disc in three levels, so i knew I hadnt fallen, and it was not effecting my right only the left..

    So I went to the works comp doctor but he said that he would not treat it because it was not listed as part of my injury, but told me to go to another doctor and get a MRI and bring it back and he would see it is was connected due to the limping for the last 7 years./

    So I went to another orthopedic doctor and he did the MRI and it said that I had a old injury, as well as seperated tendons on both sides of my left foot, as well as tendonsytis (spelt wrong) went back to the workers comp doctor and he said that it was coming from my back and limping for a long time, but the other doctor who had only seen me two times said it was not connected, This is why we went to hearing. Mind you through this all I have been to 17 doctor, three of which were Phyco Doctors, because they wanted me to think that I was crazy.

    I have searched for other attorneys for the past 3 years and as recently as June but all that I called, said yes i can fire my attorney, but there is no guarentee that another attorney will take the case mostly because of how long it has been going on. ( 7 Years)I can not list who i work for i am sure but beleive me the name sends the attorneys running because they know that they never settle their cases. I work for the largest retailer in many country's and no one wants to go against them.As a matter of fact my attorney told me that after he is done with my case he will not take on any more workers comp cases which involves them.

    I have had them to say that my husband has abused me that is why i have the injury, They have accused me of Sleeping on the clock, Shopping on the clock, Altering my medical records, They have gone against my Hipp rights, Pushed me against my light duty, and had to have my attorney write them a letter threating them that we would sue.I have had them to follow me, They pay for their attorney to fly from Roanoke to Richmond and treat him and his family to a dinner hotel at the Jefferson Hotel. a car to drive. But they think I am the one who is the bad person because i got hurt, it is all this that has gotten me to this point..

    But as you said there is only one fee? So that means that if they ever do settle and I can maybe by some means find another attorney then there is only so much they can get from me?? That is good news.

    I guess in general I have finally had enough, and feel that it is best that I leave and cut my losses because they do not care what has happen to me, and how my life is effected but that is all companys, My attorney told me that he was sure that with all my injuries that i could get Social security disablity and at one time when i was out for 6 months i tried to get it then but ws denied because the Insurance carrier found out and that is when they created the job for me to make me come back to work..

    I had to purchase a motorized cart for my self out side of work because the WC Doctor didnt want to prescribe one in fear of upsetting the WC. But he requires that they provide me one at work. Due to restrictions which are to not walk over 50 yards, not to stand over 10 a hour. no bending, twisting, scatting. Must have High back Chair, NO Pushing, Pulling, no climbing, Lifting and it goes on. But out side of work nothing..

    At this point i really dont know what to do I feel that I need to save what little bit of Mobility I do still have and being at work going through the stress there and having to go back and forth to court every time the WC Comp Doctor has to write a note for times i have to miss. They drag me into court every time, and I guess this is what my attorney doesnt want to deal with.

    It is a scary decision but I have to plan to do it if i deside to. So that it does not put my family at risk. Even if it kills me..



    I thank you, for any more advise, and in general just listening..

  5. #5
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,017

    Default Re: Advice

    If your doctors have determined, through the testing...MRI etc, that your hip/leg/ankle problems are due to your back...which sounds like a nerve damage issue, then there isn't anything to ''treat'' in your leg/ankle. When the injury resolves in your back, then the pain is likely to subside in the lower extremeties.

    In WC there is no reason for the ER/IC to settle out the claim. The law says they have to pay you a pre determined amount of money for the PD or impairment you have suffered due to the injury. And provide medical treatment as long as reasonable, and necessary on an industrial basis. That doesn't mean you get any and all treatment your doctor thinks may help. Your comp doctor is right... if the body parts you clam 'hurt' are not injured, or included in the claim... he can't treat. ALL treatment in comp is subject to prior authorization. If the doctor can't say or show medically speaking that the treatment is related to your claimed injury, the employer is not liable. As we have said many times here, WC is not ''health insurance''.

    As your claim is 7 years old, and you are back to work, I'd have to presume you have been declared MMI/max med improvement, you were rated, and the PD indemnity has likely been paid out. Your atty has received any fees to be paid, and you are treating under a future medical award... sound close...enough?
    If that's not the case... then you are going to have to accept at some point what benefits WC provides and what isn't.

    Your application for SSDI and your employer really have no connection. Everything the employer does is fully due to your work injury and employment. When you have a job with a company, they want you there to do your job. If you can't work due to your injury, then they obvioulsy, and as permitted by law, want your condition to stablize and return to work, or off their payroll and resolve the claim. Even if that includes continuing medical treatment. But the comp claim will close at some point, even if not by a lump sum payment. The law doesn't demand the ER/IC settle that way.

    WC is not about your employer ''caring'' about you... how can anyone look to a huge company to ''care''... everyone there is working for a wage, and what they 'care about' is the same as everyone else... where the next check is coming from, and how to pay the bills while still having enough to play on their day off.

    Comp isn't retirement due to medical issues. If your doctors say you cannot work, you should apply for whatever benefits you are eligible for, and appeal any denials. Because you went back to work then, wasn't necessarily the reason you were denied SSDI benefits. Only about 30% of applicants are approved the first go round. Apply again, and follow it through.

    Talk to your doctors and get them to write the reports that will help you get the SSDI... and if you can't work at your job... then get the doctor to take you out...don't quit voluntarily.

    You have some options here, you just need to investigate further, and think before you leap/quit.

  6. #6
    Join Date
    Jul 2008
    Location
    California
    Posts
    1,900

    Default Re: Advice

    Quote Quoting BvIA View Post

    Comp isn't retirement due to medical issues. If your doctors say you cannot work, you should apply for whatever benefits you are eligible for, and appeal any denials. Because you went back to work then, wasn't necessarily the reason you were denied SSDI benefits. Only about 30% of applicants are approved the first go round. Apply again, and follow it through.

    Talk to your doctors and get them to write the reports that will help you get the SSDI... and if you can't work at your job... then get the doctor to take you out...don't quit voluntarily.

    You have some options here, you just need to investigate further, and think before you leap/quit.
    I agree with this part of the statement. I do not recommend you quit your job unless your doctor feels and writes you should be off of work for a period of time.

  7. #7
    Join Date
    Jun 2007
    Location
    Virginia
    Posts
    114

    Wink Re: Advice

    Thank you so very much, I am going to talk with my attorney and Dr and see what they think is the best for me. I can not just quit because i am the only one working in my household, however just like this week out of the 4 days i am required to work i have worked one. The pain is so unbareable.

    I have never been given a permant rating on anything. As of now we are still waiting for the outcome of the court case on the 31st of Aug as to or not add my foot and ankle. My doctor said that they is no rating for back injury so none as ever been done. But I have reach Maxium Medical Improvement from two doctors, had two FCE's and One Independant medical examine, which was a joke. BUt still no rating has ever been done.

    As for my injury, and connection to the out come of Social security Disablity after checking to see what qualifys it says that to quailfy, you have to have signifciant pain, which impairs you're ability to work, have to have an impairment which says that you can not walk over a certain distance with or without assistant device which my restrictions are to not walk over 50 yards, and not to stand over 10 minutes per hour.( I use a cane) You have to be able to walk over a rough tran or un even sufaces which my first FCE said that i can not.

    I beleive that my doctor is scared to take me out completely because of upsetting my employer although i have not ask him yet, he seems really relucten to do anything that would upset them. I am on sedentary duty and although all they have me doing is answering the phone, my back, leg and ankle kills me by the time i leave work, so bad that it is all i can do at times just to get to bed.

    I have also noticed that when i recieve my office notes from the doctor it always says that his Phycial finding are that I have no Motor or sensory problems on one note and on the next visit there are some sensory loss on , some notes say i have a limp (which i do which cased the torn tendons in my foot) and then on the next visit i have none. As you can see there are so many inconsistancy in his reports i just dont know. Also As for Physical findings, he never test anything, i mean i sit there he ask questions as to how i am and then we leave. I beleive that I am going to ask him to check everything that he can.

    I have had no reflexes in my left leg since my injury, as well as my foot. No knee jerk test has been done, or any other motor or sensory test, and as far as nerve damage he says that he doesnt think that i have nerve damage but says that the sinuvertable nerve has been effected which is inside the annulus which i have grade 4 tear in two of them. As i read the effects of what happens with this if it is effected it looks like to me although i am not a doctor, but once the nuclous pulpous breaks through it sends a chemical change and once it reaches the sinuvertable nerve it is kinda like a misfire sending mis signals to the brain, and down the leg, it is part of the sympathic system.

    i dont know but all i do know is that he is inconsistent even my attorney says that, and he jumps around in his finding however my injury has not changed except gotten worse.. When i was brought back to work in 2004 I had two budging disc and radiating pain down my left leg. That was about it. Then they put me back doing stocking which is what i was doing before i got hurt, and after the FCE was done they created the new job for me, but over time it has gotten much worse, now i have three herniated disc, and one buldging disc, annulus tear grade 4 out of 5. Ankle tendonistis knot on my ankle bone, from inflamation. leg pain that causes numbness in some areas and sharp pain in the rest. Limp, pain starting in right leg, which on the discogram i had it said that i had one disc that effects both sides of my limbs.

    Most of the time i have to keep my leg evelated so that the swelling will not get out of control so that i can walk from the desk to get in my car and got home. Even daily life has become unbareable, changing clothes, shaving legs, etc. Now i am having pain develop in my right leg, i have such weakness in both legs that i use my can to keep me from falling. I have such weakness that if feels like both of my legs are going to give out under me. some times just getting out of the bed or off chair causes such pain that i have to sit back down. As you can see, i am a mess, I am going to talk to my attorney hopefully today if he returns my calls, and the to the doctor on the 21st.

    My hope is to save what little bit of mobility i have left.

    Thanks to all. for the advice. will let you know what happens, It is good to have you all who will offer sound advice in this crazy mess. some times yall are the only one who will listen and give advice, so much thanks to you...

  8. #8
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,017

    Default Re: Advice

    Talk to your doctor about a return to TTD status...if he won't listen, or consider this... change doctors.

    You should also visit this site...www.rsds.org and compare your symptoms to what is described there... you could be suffering from RSD. That too is something your should be discussing with your treating physican...again, if he is not willing to investigate these symptoms further... request a pain management facility referral, or a change in treating physicans.
    It is not sufficient for your doctor to be worrying about what your employer thinks here, or about how they will respond.
    You are entitled to medical treatment that is reasonable to ''cure and/or relieve from the effects of your injury/illness''. That includes any compensable consequence to the org injury. Your attorney too should be aware of this standard, and helping you access the treatment you are entitled to.

    A settlement to your claim should not be considered, even a PD/WPI rating evaluation preformed until all of your medical issues have been addressed and resolved.
    IMHO...I would NOT consider a rating or settlement until these issues have been resolved.
    If your current atty doesn't want to continue with your claim...don't terminate the relationship, but ask for a referral to an attorney who will help you. He should have the names of a few.

  9. #9
    Join Date
    Jul 2008
    Location
    California
    Posts
    1,900

    Default Re: Advice

    Quote Quoting BvIA View Post
    Talk to your doctor about a return to TTD status...if he won't listen, or consider this... change doctors.

    .
    I agree 100%. This seems to be your main issue from what I have read above, your doctor.


    I wish you well.

  10. #10
    Join Date
    Jun 2007
    Location
    Virginia
    Posts
    114

    Wink Re: Advice

    Hey I never thought of either of these things and alot of what i have sounds like this RSDS but some are not,, but the asking my attorney for a referral that might work, after all havent had any success looking for another one on my own.. I called the attorneys office today to see if they had ever submitted the time I had in for July and now that I am out one day at work and they ask me did i have the info, or did i send it to them, which i sent it the day i got it, and when i spoke to my attorney the day of the last hearing he assured me they would send it.But they havent sent it, that is the way it goes if i hadnt called them it may have never been submitted.


    I am so tired not only from my injury but tired of handling my case my self it is time that i feel like i have to go and tell the doctor what i think is going on and with the lawyer i have to copy papers fax papers and everything.. i have been the one doing it all but i am assured that when it comes time for any money their hands will be out..

    Right now with my injury i have experience where it feels like when i began walking both my legs are going to give out on me, it is like where my lower back is and i kinda loose my balances briefly, some times i have to sit back down. As for getting him to take me back out for TTD I am not sure that he will and mostly not sure that i can afford it because it is only 2/3 of my pay.

    I am in between a rock and a hard place, When i called the attorney earlier i let her know that i wanted to talk to my main attorney about what i need the doctor to do to get me the disablity because i have to lead him to make sure he words it the way which will help me. but that was 8:30 am this morning and i have not gotten a call back, and it is almost 3:00pm now.. I cant thank yall enough you have been such a help to me I will ask the doctor about the RSDS on the 21st. If i can just get him to test all others things that will help me prove my disability. he is such a goof,,

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