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  1. #1
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    Apr 2007
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    35

    Question About to Be Seen for the Disability %

    Hi,

    After the surgery on spine and all the time out of work the case is about to come to a end. I was told I have to go to two Dr.'s now one for WC and one for the Lawyer.between the two there has to be a percentage number reached. What I'm trying to figure out is I have been back to work a whole year and that consisit of 10 months or 181 days.total. I have missed 19 days out of work due to pain . this job is not for me any more it deals with me working with children now they have me in a artistic class which children have to be run after or picked up all day and I'm not able to do this but they will not move me from this class . I guess becaused I have been trained to deal with these type of children before the accident i could do it with no problem. so what should I do now. I'm trying to figure this all out before this comes to a end and I get stuck with no help. How do I make them understand I can no longer do this work that I'm in very bad pain and can hardly walk or sit in the evening when my day is done besides the pain i have while trying to work.what all will the dr's have me do when i go to get the exam for the disability percentage. All so Bugman they tested me again for the corpural tunnel and that it did come from the fall and did admit that it is there as well as other nerve damage to my hands but they have no ideal of what to do about it since i can not have surgery due to other health problems that have aquired since the back was fractured You have been following my case since march 2005 now we are down to the end . can i apply for disability? or do i just keep trying to work knowing it is making me worse every day.

    Thank you for listening and answering my questions.

  2. #2
    Join Date
    Oct 2006
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    9,078

    Default Re: About to Be Seen for the Disability %

    hopefully the upcoming medical reports will clearly detail your work restrictions. Make sure the employer has copy so they can see about modifying your job duties.

  3. #3
    Join Date
    Jan 2007
    Location
    PA, but worked in NJ
    Posts
    821

    Default Re: About to Be Seen for the Disability %

    Hi Crystal,

    You were correctly informed, you will see a Dr from your lawyer, then see a Dr for the ins carrier, from these "expert" witnesses will come your rating(s) The Judge will determine where in the range you will fall as far as rating goes. Of course the lawyers Dr will be high and the carriers Dr will be lower, the Judge will make a determination from the evidence presented, as well as credibility.

    Once you returned to work you are no longer compensated for days missed due to the spine injury. As for the hands if the hands make you unable to do the job assigned then this may reopen the TTD and comp for days off work after the waiting period has been satisfied.

    Well if you wanted to prove to them you are unable to do this work, it was not in your interest to be doing it during the period of impairment. I imagine you would need to get a total disability determination from SSA to prove that this injury has you in fact too disabled to continue your work, but in order for this you must also be found disabled from all sedentary work as well as all past work history.

    Yes I have been following the information that you have shared, but only you know what your work agreements states which supercedes the state min requirements. I know for a fact if you are working your disability claim through SS will be denied because you are in fact working, which is powerful evidence that you are able to work. You will be told yes you have pain but this pain doesn't or hasnt prevented you from sustaining a complete workweek and work day therefore a denial will be the decision.

    What was the outcome of any SS determinations if any??

    BUG

    I hope you will let us know what the outcome of the hands as far as WC goes?? I wish I had more cheerful news??

  4. #4
    Join Date
    Apr 2007
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    35

    Default Re: About to Be Seen for the Disability %

    I HAVE SEEN THE DR. FOR MY LAWYER BUT NO YET FOR WORKERS COMP. I'M GOING AWAY NOW FOR TWO MONTHS TO THE ISLANDS SO I WILL NOT BE HOME TO GO TO THE DR. FOR WC TILL SEPT.MY LAWYER WON THE CASE ABOUT THE COURPAL TUNNEL IN BOTH HANDS AND THEY ARE EVALUATING THEM ALSO . I DID NOT APPLY FOR SS YET AS I WAS STILL WORKING EVEN THO I HAD TO TAKE TIME OFF WHEN PAIN WAS MORE THEN I COULD DEAL WITH. THEY ALSO HAVE CHANGED MY PAIN MEDICATIONS NOW MUCH STRONGER AND I CAN NOT WORK AND TAKE THIS MEDICATION I HAVE BEEN INFORMED OF THIS ALREADY SO NOW I DON'T KOW WHAT I'M GOING TO DO. MY NEW MEDS ARE FENTANYL TRANS PATCHES 50MG. NEW PATCH EVERY TWO DAYS. (USELY IT IS ONE PATCH EVERY THREE DAYS NOT FOR ME THO.)AND FOR BREAK THREW PAIN 15MG.OCI CODINE EVERY 6 HOURS .THESE TWO MEDS SEND ME IN TO TWILITE ZONE BUT THE PAIN GETS BETTER. I WILL NOT KNOW ANYTHING ELSE ABOUT WHAT IS HAPPENING TILL I GO TO THE DR.FOR WC NOW.HAVE A GREAT SUMMER ALL.

  5. #5
    Join Date
    Apr 2007
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    35

    Cool Re: About to Be Seen for the Disability %

    Hi I'm back. I have not applied for SS at all. I have worked even tho I have to take days off because I be in to much pain.They offered treatment for the hands in a matter of acupuncture i know i did not spell that right. But I will not have that treatment due to the fact I take blood thinners and it is hard for me to stop the bleeding from the needles.They also suggested surgery but my medical Dr.said no way could they do any surgery except heart surgery on me since my heart has gotten so bad I now have congestive heart failure.I do go to my pain management Dr.I'm now on Fenial patches Mg.every two days and Mg ocoxycottin w/ codeine for break threw pain every 4 hours and then on days i can work Mg Opana ER which is morphine for the pain.My job is very aware of the limitations I have what they call a 504 which says no stair climbing,return light duty,no lifting over 7 lbs. no pulling,tugging or extended standing.

    I'm not in a class room setting anymore i now help out in a office setting scanning in students in the morning in a sitting position,and then working on computer making student Id's that is all I do.

    I was working with artistic children ,lifting ,carrying,teaching,changing,and all types of other things with these special children. I have always gotten out standing as my finial review this past year I got satisfactory as the reason being I was out of work to much.but i had Dr.notes each time for the reason of pain being uncontrollable.

    I went to the Dr.for my lawyer and now he has comp.back in court to pay for my medications since they never paid for any of my medications at any time i have paid for them all.the new pain patches are 5 patches for $438.00 I have to have 15 patches a month. usually they are used for chronic cancer patients to stop pain 1 every three days for me I have to use one every 2 days. plus 120 oxycotin and 30 morphine this medication is very expensive.

    With out this medication i can not even hardly walk because of the pain.But thank God it is habit forming but I break it up enough and suffer out he pain that I have not gotten addicted to it.

    right now I'm waiting for WC to send me to there Dr.I have reached max MMI last april and still they have not sent me my lawyer has been on them about it.

    I keep telling my lawyer I don't know how much longer I can keep working .My medicial Dr. keeps telling me to stop.But my lawyer keeps saying to keep trying to work if at all possiable if I stop it will slow down the case from setteling is this true.

    Hopeing to hear back from you all as I count on the answers I get from you all and you know Bugman I always go with what you say to me as It has never failed me.

  6. #6
    Join Date
    Jan 2007
    Location
    PA, but worked in NJ
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    821

    Default Re: About to Be Seen for the Disability %

    Hi Crystal, Its nice to hear from you again. OK I see that you are coming down the home stretch with this pending WC case. I am no Dr but I hope that I mis understood that you are using the Fentanyl Patch along with Opana ER?? These are both extended release forms of narcotic pain meds and its unusual to be prescribed both at the same time. I am not familiar with Ocoxycottin w codeine,But am with Oxycodone for break through.

    It would appear that the "504" has gotten someone's attention as you are now in a different setting? Well it stinks to have gotten excellent reviews in the past, but see today's reviews not looking as superb as the ones in your past. I'm sure attendance plays a key role in a review, and the sad fact is you just were not there, even though you had a medical reason for not being there. I know you take much pride in how others see you. For what it is worth this is only an internal review, and you have much other pressing issues before you, with your overall health and if it were me I would brush off the satisfactory review and concentrate more on my health.

    You bet that extended release narcotic meds are EXPENSIVE!!!!! The immediate release forms are much more affordable, however the IM form can lead to tolerance issues faster than extended release. I see that you had some concerns on addiction. First you need to understand that addiction and tolerance are two separate issues. It is also a well known fact that those who use narcotic meds for pain rarely become addicted. There is no question that you are opioid tolerant or you would not be given Fentanyl Patch as it is only for opioid tolerant patients. The rule of thumb is this if using a pain med makes you more functional then it is appropriate, on the other hand if a pain med makes you less functional then it is inappropriate for you, and in these cases the patient may have an addiction issue. It is best to discuss this issue directly with your Dr. as he has the expert training in pain med management, but what I have stated comes from a pain management site.

    I cant imagine what's taking the ins carrier so long to get you examined by their expert witness for your rating of the measurable amount of permanent disability that is job related???? Your case can not move forward without this exam.

    If your lawyer feels that you not working will slow down the case he must have reasons for feeling this way?? If you have been deemed MMI honestly I don't see how this could effect that unless you amend your case for total disability, which would definitely "change the tone" of your case. I understand why your Dr says to stop working if you are telling him the pain is killing you. I also see your lawyers point but they both serve different interests here. Your are a very bright woman Crystal and you know ultimately who will need to make this decision. YOU!! As only you know your limitations. I do really find it in bad taste when a lawyer puts any interest above the care of the patient's, but he may know something that we dont know.

    It is my opinion that once you stop working the overall quality of your life diminishes. It is best to keep going if you can, but I am not the one who feels your pain, so I will not be the one who pays the price for continuing. But there are more reasons than one to keep going, putting aside the lawyers reasons, you dont realize how great it is to work a job and take the pride that you do in it, until you can no longer do it. This can be devastating in several ways. You know I have great sympathy for you, as in the past you have explained how your pain effects you, but through it all you have been able to some how dig deep inside of your soul to find the courage,will, and the want to continue on. This cant be an easy task!!! You should take great pride in your efforts, as they show qualities that many today lack!!!

    You are very sweet to say that you hold so much stock in my opinions, and every time we chat I take your every word to heart, as I am so well aware of the effects of disability and how it can play a key role in the rest of ones life.I wish I did have all the answers, but I dont, but the one thing I do have is a sincere desire for the best possible out come for you, and the best way for you to know which way to go is by understanding the consequences of the choices made. That and some luck as I dont know what the contents of your work agreement was?? HAHA!! I just try to explain how WC will work for you. You are aware that your work agreement can trump what the NJ WC rules state, if it is in your agreement.

    Take good care please,
    BUG

  7. #7
    Join Date
    Apr 2007
    Posts
    35

    Exclamation Re: About to Be Seen for the Disability %

    Hi Bug was so nice to hear from you. Well the pain medications are working pretty good they just added the other one for day time to help me get threw as my Dr. knows I don't want to stop working.I have came along way from a stroke patient that could not walk or talk and told would never be able to work again to someone who in two years of working on it was able to walk and talk and start back to working and be manager for mentally Ill and also work at managing a restaurant at the air port with 9 employees under me.to back to working with children in elementary school to now working with children in high school. I do use the Fentanyl Patch every 48 hours. along with Opana ER Mg for day break threw pain and 15 mg.Ocoxycottin w codeine for night and evening pain its unusual to be prescribed all three at the same time. but since I don't want to stop working they had to find something that would help with the pain and still let me work with children.Useing Fentanyl is used usely for evey 72 hours but for me it don't work that long.

    I'm going to keep working as long as I can .My husband wants me to stop and move down south where he thinks I won't be able to work so I would have to stay home but he forgets I have 13 different degree's in different area's and will find me some work it might not be what i really want to do like I do with children now,but I will find something.

    I will let you know as time goes on what is happening with my case. If I stop also I would lose my medical insurance and every thing and not be able to get my medications so that is another reason to keep working can not think what would happen if I don't get the medications to help.Right now it only cost me 5.00 for each script.and 15.00 to see my dr.'s. I can not do that if I stop working it would take awhile for SS to kick in.weather it is SSI or DSI. Yeah you would get medicade but it takes time . Unless some one knows away I could still see Dr.s and get my medications. Ok thanks again for replying back to me and will talk to you soon.

  8. #8
    Join Date
    Sep 2007
    Posts
    2

    Smile Re: About to Be Seen for the Disability %

    Hi Crystal Blue,
    Like you I worked in a school with special ed children. I know what you are talking about when you say it is a very physical job. I have not had my job now for over a year. After i was declared MMI for about the third time I still could not walk so i went to my own doctor who ordered me out of work for 2 weeks while waiting for a new set of MRI's. After they came in he took me out for another 2 weeks. I had a total of 4 weeks out. In this time it was the end of the school year and my contract was renewed for the following year but then they decided that I had abandoned my job (yeah right) and they unrenewed my contract. So much for all the union dues I paid. They did crap for me since I could not complete a full week at my job due to the pain. They did not asign me any other position that I could do but then again I am not sure what I can do at this point with a low back and some serious neck injuries.
    I did the doctors appts for my case. It was actually 4 docotrs I seen. 2 from us and 2 from them. I also went to see these other 2 docotrs for my mental state since I got hurt. You all know there are problems adjusting to being hurt.
    I was given my percentages and I was concerned because the ones from their docotrs were low. My lawyer told me though that any percentage that you recieve from them ackowledges that there is a diabality and their low numbers is comparative to my high number in the eyes of the judge. Just so you know this may take awhile to get done and have the reports sent back. They are in no hurry to send in any reports. iT took quite a few months probably about 6 months to get all the appts. and reports sent back.
    My lawyer finally had a conference with the W.C. judge a few months ago and the judge was not pleased with the lack of treatment I recieved even though there were valid medical reports and the fact that i was declared MMI right after one of the findings. He ordered that I be sent to an independent doctor of his choice. He wanted another doctor to go over all my reports and exam me to see where i stand today. This doctor has to send his recommendations to the judge. This also took 2 months to come about. I finally went to this new docotr a few days ago. He went over my MRI's and said some things that i was not even aware of because of course they are not going to tell you anything. Now i just have to wait and see again what the report says and of course i just have to wait for another office to send another report.
    He did recommend that i have some kind of water therapy. But I believe this is for me to do since my amount of excerise is limited. Also he was not suggesting surgery (thank goodneess) because it would be extensive fusions and the amount of relief would be short lived compared to the amount of surgery. that was first time fusions were ever mentioned to me. I am so glad that he is not suggesting that because there is no way i would ever let a W.C. doctor do surgery on me. I learned my lesson about these docotrs.
    So to make a long story short here I sit with no job and no money. Thankfully my husband got a new job that gives us our medical benefits because when I lost my job I lost my families medical insurance.
    I will be applying for some sort of disablitiy soon. I am just waiting for this new report from the doctor so I can bring all my medical reports to a lawyer and start the procedure. There is no way I can do any of the jobs I have done in the past.
    Just so you know I have no idea what the doctors are going to do to you at this evaluation but when I went they basically just did reflexes and some measurments and the usual bending and stretching things. Some pin pricks and I wanted to laugh when they did those because this doctor made sure I felt them. I was expecting to see blood. She poked me so hard with those darn pins. That was about the extent of the evaluation I got. This new doctor I went to see gave me a much more extensive exam. In fact I am in a great deal of pain now for 2 days since he was bending, twisitng and pulling my legs around, but on the bright side of this at least he was checking to see where and how much pain I am really in. Another thing I walked away from this exam with was the fact that this doctor gave me a confirmation that I was in pain. I would not get that from the WC doctors. I would get a go back to work and live with it attitude. Or it is not that bad so I do not see why you are hurting so much. I loved when they sent me back to work on light duty when I would tell them I do not have a light duty with the children I work with. So they would tell me to quit my job. Yeah right i am gonna do that for sure. Do they think people are so stupid to quit a job right in the middle of being treated for a work related injury. Like you can go out and find another one after you have been hurt. I have applied for a few jiobs since then but I have not got one offer isnce them.
    By the way I always had above average evaluations also while I worked. I took my job and my kids very seriously. I worked so hard to do right by those kids and the last evaluation I got I was shocked to see avaerage and below average because I was out of work too much. The person going over my evaluation said that was standard procedure for anyone missing alot of time. they do not even take into acccount that the reason you are out of work is due to an injury while on the job. that really is the pits. I was heart broken with evaluation. By the way WC never gave me any time off to recover. The only time I receievd any time off was when I had one injection that made me so much worse that the pain mangemant doctor took me out for a few days. They expected me to work when I could not even get out of bed to walk to the bathroom by myself. I used all my own sick days and my personal days and then I had nothing to use so I lost alot of my pay and also and had to pay for my insurance myslef. I was treated so unfairly too. It is such a shame the way people are treated.
    I am so glad that you were moved to a different positon that at least gives you the oppurtunity to go to work.
    Take care of yourself and I hope everything goes in your favor.
    Chadry

  9. #9
    Join Date
    Apr 2007
    Posts
    35

    Default Re: About to Be Seen for the Disability %

    Thanks for your reply back Chadry,

    I'm doing OK at work but on so much medication it is not funny. The WC is sending me this month for the test they want from there Dr.as my lawyer called and informed me of yesterday that he had gotten a fax from them. He also makes sure when they make me take off for an appointment for them that I'm paid for the day.When my spine got broken they really did not give me any problem with treatment at all for the back. I was taken to the hospital and admitted there for the injury first as I could not walk or even get up from the fall at all.but on the day released from the hospital they sent me to there Dr.who right away braced me and said I would have to be out of work for at least 6 weeks. when that time was over they sent me for therapy which I could not do.The therapist sent me back to the Dr.and stated I was not healed enough for them to be able to do therapy on me. So at that time he did more test and but me back into brace for another 6 weeks. The WC Dr.then sent me back to work and I had to go back to him in 4 weeks for him to see how I was doing when I went back to him I could hardly walk He pulled me back out for more test and then said I needed surgery on the spine for 5 levels of fission .Comp sent me to a second Dr. to see if the surgery he suggested would work for me. The second Dr.also said that was the only chance i had left was to have the surgery.During the time I was hurt Osteoporoses had set into my spine. any how the surgery was done in Two weeks after seeing the second Dr.then I was out of work from Jan.07 till sept.19,07 I was sent back to work then and was pulled back out for pain and therapy again. I worked two weeks and was pulled out for 4 weeks. then returned and was out them only when I was in to much pain to work I would have to take my days. but i did make it threw the school year. Now it is a new year and my medical Dr.says she don't know how I'm going to make it since I have so much pain and on so much medications. pain management Dr.also said he don't know how I do it at all. This spine injury left me with a lot of problems besides back pain I have no bladder control,no feeling in my buttock area at all. pain down my legs,acute swelling of he legs and back,sleeping and sitting problems,can not have sex at all to pain full.and stay depressed and stressed from not being able to preform my job at home or do the things I use to be able to do. I can not even drive any where it takes me more then 10 minutes of driving my arms and hands go numb.

    Oh well I guess i have went on enough for you to get the ideal of the problem this has left me with. Oh with I reached the top MMI the WC Dr.told me my nerves in my back was severed with the surgery and he don't think they will ever get better.

  10. #10
    Join Date
    Jan 2007
    Location
    PA, but worked in NJ
    Posts
    821

    Default Re: About to Be Seen for the Disability %

    Hi Crystal, Well its very impressive how well you have taken so many punches on your chin, but like the timex watch you just keep on ticking!!!

    As I wrote I'm no Dr but its unusaual to be prescribed 2 extended release narcotic meds at the same time. Its been done before but it is not a standard some Drs will readily do. I agree with you that the patch works best in the first 48 hrs.

    You have many reasons to keep going and the medical insurance is one biggy!! Trust me Medicare drug coverage has too many gaps and even if you get a rider plan with the Medicare it will not come close to what you have now.

    If you should be awarded SSD it will take 24 months from the time of your award letter before you can get Medicare. If you get SSI the medicare starts the day you get SSI.

    What i did was filed for patient assistance through the drug makers and when i had no income or in the case of the patch an income less than 60k a year the patient can get their meds free of charge. So depending on the meds you are on the drug makers sets the rules for getting assistance through them.

    BUG

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