Going Broke

[Ropeslinger]

Hello, I'm new here but I have a lot of questions. I'm 55, I am an industrial electrician and I was injured in a fall at work Oct 2020, shattered hip, broken tailbone, ruptured L1-2-3 discs and destroyed the ACL and meniscus in my left knee. So far I received a total right hip replacement, no treatment for my back injury and injections in my left knee every 3 months and my tailbone was never treated so it healed crooked, the WC Dr released me from care "off work on permanent disability", two weeks ago WC cut my TD benefits and started me on PD benefits at $290 a week...
I have a lawyer but I can't get him to tell me anything other than to "just be patient" (while I lose my home because I can't even cover rent and two vehicle payments let alone utilities and groceries on that amount).
I can't wait around for these imbeciles to get it together so I need to get back to work or I'm going to lose everything I've worked so hard to get!
So my first question is, can any doctor release me back to work? I've already asked my lawyer and he ignores me. I've already tried firing him but no other lawyer will take the case if I do that...any help would be appreciated...

[tony]

Ropeslinger

So far I received a total right hip replacement, no treatment for my back injury and injections in my left knee every 3 months and my tailbone was never treated so it healed crooked,

can any doctor release me back to work?

Are you injured or not?
Do you think your employer will bring you back if you're unable to perform your job?

No, a doctor will not release you back to work full duty until you've reached full recovery - it would be medical malpractice to do so.
You may be released back to work with restrictions depending on the degree of disability and if your employer is willing to accommodate those restrictions.

I agree with your lawyer, be patient as long as they're paying PD - eventually they'll offer a settlement which will catch you up on bills.
Also, you should apply for SSDI now that you have a Permanent Disability rating - you can collect both SSDI and Workes Comp at the same time.

Medical and Non-Medical Criteria For Social Security Disability Benefits
What Criteria You Need To Meet To Qualify
To qualify for Social Security disability benefits, there are both medical and non medical requirements. There are three main criteria you must meet in order to qualify for SSD benefits:

*You must have a medically determinable disability that substantially limits your inability to maintain gainful employment.
*Your medical condition must either be terminal or be reasonably expected to last at least 12 months.
*You must have sufficient work credits available with the SSA.
*For the purposes of the SSD determination, gainful employment is defined as the ability to earn at least $1,350 per month, or $2,260 per month if you’re blind.
https://www.disabilitybenefitscenter...th%20the%20SSA.

Tony

[Ropeslinger]

Tony,

Appreciate your words Sir, but all of this takes time I don't have...in one week phones get turned off, in two weeks I get kicked out of my home, in 4 weeks vehicles will be repossessed,...I will be homeless with nothing left to my name and at that point no settlement is worth it.
I won't be going back to work for the same employer as they terminated me last May, 2 months after surgery, for taking to long to heal...they paid the paltry $2500 fine and they no longer have to deal with me.
Yes I'm pretty crippled up, have to use a cane to walk now, I can't bend in my back enough to even get close to tying my own shoes or stand up straight, my knee only has about 63° of flex!
All doctors, the surgeon and QME have me P&S permanently disabled.
In the past 19 months I've burned through my savings just making up the difference in the lost wages from only getting 2/3 my normal base wage not counting the close to $70k in lost overtime.
In the end... nobody takes care of me but me and I'll step in front of a bus before I end up homeless and destitute...so back to work one way or another...
Will any doctor release work or does it have to be a WC doctor release??

[tony]

all of this takes time I don't have...in one week phones get turned off, in two weeks I get kicked out of my home, in 4 weeks vehicles will be repossessed,...I will be homeless with nothing left to my name and at that point no settlement is worth it.

Not meaning to be rude but you didn't have to back yourself into a corner, you should've taken action months ago.
I don't know your situation, but you could've taken out a second mortgage, sold your car and buy a cheaper one, or sell your home and move into an apartment or senior living center.
There are a number of other options depending on your situation but these are just a few.
Now here you are, you'll have to deal withe the situation you put yourself in.

I'm pretty crippled up, have to use a cane to walk now, I can't bend in my back enough to even get close to tying my own shoes or stand up straight, my knee only has about 63° of flex!
All doctors, the surgeon and QME have me P&S permanently disabled.

Will any doctor release work or does it have to be a WC doctor release??

As long as you're rated perm disabled, that's on your record, even if some doc did release you, (which he wont) it wouldn't matter.
So what kind of job do you think you'll find in that condition?
Who would hire someone in your condition?
Sometimes we have to face reality, apply for SSDI and wait for your settlement - maybe you can take take out a loan until then.

In the end... nobody takes care of me but me and I'll step in front of a bus before I end up homeless and destitute.

You stand a better chance ending up that way trying to go back to work, you couldn't hold down a job even if someone did hire you -
you'd end up with no income.
Better off taking what you have and make the best of it.
The worst that can happen is you end up in an apartment with an older car - better than being homeless and destitute.

Tony

[Ropeslinger]

So I'm just supposed to lay down and take it?? You sound like my no account lawyer!!

[tony]

So I'm just supposed to lay down and take it?? You sound like my no account lawyer!!

No I'm not like your lawyer and I never said anything close to what you said.
It's your battle, you can take sound advise or give up - God helps those who help themselves.
If it wasn't for that "no account lawyer" your claim would've been denied from the start and you would've been homeless long ago.

Thousands of people go through the exact circumstance you're in and come out fine by taking advantage of the benefits they're entitled to and working with debtors.
They call debtors and explain their situation - most debtors will work with hardship cases; they arrange a payment plan that will work until they get their settlements and SSDI payments. Some people get enough in the final settlement to pay off their car and even their house - I know it's possible, you choose.

Be cool with attacking me, I don't take shit from anyone in this place, I'll ban you in a heart beat - I give (free) sound advice, take it or leave it
So what's your great plan other than cry, bitch and attack the people who are trying to help??
Please enlighten me.

Tony

[airdale]

I agree with Tony...Long ago you should of filed with SSDI, it takes months but you have the documentation which is huge!...Many people try for SS and get denied as they dont have the records to prove their case...

Id sell both cars, and call anyone you have debt with, you dont need two cars now do you?

Yes your situation totally sucks we understand that....We also dont know all the ins and outs of your case, just what you tell us.
Do your best, be your own best advocate, and if you cant, there are people who can help. I still need this due to my WC accident.

Trust me I havent driven in over 15 years, lost my wife and family, every day is a challenge for me, and please do not stand in front of a bus.

Life is so very precious and everything is temporary! If you have feelings of desperation please get help.

National Suicide Prevention Lifeline
Hours: Available 24 hours. Languages: English, Spanish. Learn more
800-273-8255

[tony]

File for SSDI today, you can only collect 12 months backpay from the time of filing your claim - You could be looking at a lump sum of over 12 thousand dollars or more.
All you need is a list of all of your doctors, complete with names addresses and phone numbers -also include the names of all hospitals you were admitted to. - SSA will look up your records from there.

Because you waited, you've already lost a whole year of benefits - they can only go back 12 months.

Three to six months is the average time it takes for the SSA to come to an initial decision on a claim.
Once your claim for SSDI or SSI benefits is approved, you’ll be qualified to receive back payment for the past due benefits that have accrued between the date of onset — the date you became disabled — and the date you were approved for benefits.

The date of onset can be up to 12 months before you filed your claim.
https://disabilitydenials.com/blog/h...lity-back-pay/

Tony

[Ropeslinger]

I filed for SSDI 3 days after surgery, which is the required 5 months after date of injury...I've been denied, denied on appeal, denied under special circumstances...

Oh...and state disability insurance won't pay if the injury is work related so I'm screwed twice over...

[tony]

I filed for SSDI 3 days after surgery, which is the required 5 months after date of injury...I've been denied, denied on appeal, denied under special circumstances...

Oh...and state disability insurance won't pay if the injury is work related so I'm screwed twice over...

So now you mention that after attacking me for suggesting it.
Where did you get this "I filed for SSDI 3 days after surgery, which is the required 5 months after date of injury"
You file once your receive your final PD rating, if you file before of course you'll be denied - you haven't been determined PD yet.

The requirement is if you have a "disability as the inability to engage in any substantial gainful activity (SGA) by reason of any medically determinable physical or mental impairment(s) which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than 12 months."
https://www.ssa.gov/disability/profe...neral-info.htm

I see nothing in the requirements saying "which is the required 5 months after date of injury"

All doctors, the surgeon and QME have me P&S permanently disabled.

Those doctors didn't come to that determination 3 days after your surgery or five months after your injury.
Once you have documentation of PD, you qualify for SSDI - something isn't adding up here.
Sounds like you filed prematurely before you where determined PD, that explains why you where denied.

Tony