I won at ALJ hearing, ER is appealing. My attorney feels we will win appeal, but ER is wanting to try to settle before getting too far into appeal. My Dr says surgery is the next step for me, call her when I'm ready. That is a last resort for me. My dad died during heart surgery and never came out of the anesthesia, my niece has been told that surgery for her is to great a risk due to dad's surgery outcome (anesthesia). I have not discussed this as yet with my doc. Anyways can a settlement be made when a rating has not been done? Also I have a piece of paper signed by my Dr stating I am permanently totally disabled and have been since accident date. Can this be of help to me? recieving SSDI as well.