need some friendly advice - Printable Version
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need some friendly advice - tiredofthepain - 07-18-2008 02:53 AM
My date of injury goes back to 07/06, i fell off ladder and had injury to ankle,knee and back. Originally the first doc said i twisted my ankle and had possible injury to ligament. Sent me back to work, every week for about 9 weeks i kept saying something was wrong foot was killing me. Referred out to ortho, he reviewed her xrays from injury date and noted a break she didnt catch. every step i would take the bone would go up into my nerve, thus causing tarsal tunnel and compressed nerve. So i had surgery to remove broken bone piece and tarsal tunnel release, the ttr has made my foot worse. The doc did state in some cases that happens when you are messing around with nerves for 6 hours. I also have deg disc disease and have had it for about 10 years, i hadnt had any problems with my back for about 6 years and after this fall it has been so bad. I had mri and doc made his notes at rating apt. originally he has my at 23% total body. I my heaing for settlement it was postpones so my med records could be sent to the same doc to review. He took his sweet time, 3 months to get new report and changed his find for my back to 75% prior and 25% work related. ( originally he had 80% work related and 20% prior) huge difference. i think the new rating went down to 15% total body. He also had in therating report that i would have to be retrained or schooling voucher because i can not do any kind of work i have ever done before. Open medical and medicines as well as pain mang ect. perm and stationery status was 11/07. My knee according to the new ortho doc is patella tendanitis. They sent me a new hearing date for sept and i am very confused as to what i need to do. I have since starting going to my own doc and pain mang and p. therapy. My new docs have since gotten new mri on my back and neck. my neck had 2 disc the have 1mm pertrusion, never had any issues with my neck. sorry i think im rambling on.
I have an attorney who sucks booty. I am constantly reading this forum and have for 2 years getting advice. I am in california and I wonder if there is an attorny anyone can recommend in san diego that will care about me and fight for me. I think I need to dispute the rating but am scared if i do that the number could go lower. My pd checks stopped last month because of the new rating and they say i now owe them money for over payment. ugh! I applied for ssdi 4 months ago, got a letter last week of denial. i appealed it the same day i got the letter. I have sent in all my new reports to them to reevaluate. I dont know if i should let my attorney have these reports or what. My insurance is paying for all my new docs because i did have the ddd in back and have had treatment in the past, if i turn them over im afraid they will attack my insurance and then i wont have anything to help me. so i have read this forum for 2 years and thought i would put it out there and reap the benefits of the great sound advice you all have. thanks so much for everything and reading my story.
RE: need some friendly advice - Bad Boy Bad Boy - 07-18-2008 08:15 AM
DDD; This is you rating problem in a nut shell. I would never allow my attorney to go into a hearing trying to combat a medical term using DDD. DDD can be diag as to what is causing the pain and problems. using the term DDD only gives benefit to the Insurance Carrier for their Work Comp. Educate your attorney now. When you came slaming down on your ankle, you also pushed and shoved on the spinal disc, mostly causing a new injury which can be covered under the provision of agravation to an old injury.
DDD is not a disease; Just that many people don't know this is all;
DDD is a medical term is all: Degenerative disc disease is not really a disease but a term used to describe the normal changes in your spinal discs as you age. Spinal discs are soft, compressible discs that separate the interlocking bones (vertebrae) that make up the spine. The discs act as shock absorbers for the spine, allowing it to flex, bend, and twist. Degenerative disc disease can take place throughout the spine, but it most often occurs in the discs in the lower back (lumbar region) and the neck (cervical region).
Any Doctor would need to review your past MRI's and compare them to your present MRI's in order to make any adjustment to a rating. DDD is caused by injury mostly to a Disc. You should have your treating doctor rate you, and have your attorney combat the sudden major change in their doctor's rating.
RE: need some friendly advice - hurt at work - 07-18-2008 08:55 AM
bad boy is rite and besides everyone has DDD your disc wear just like every other part of ur body,everyones disc wear thats normal some peoples just wear faster than others some in part has to do with your job.my dr stated that my job increased the wear of my disc i worked in a steel mill and had a very hard job heavy lifting very hot and demanding,12 hours a day.get ur lawyer on the rite track.good luck my friend.
RE: need some friendly advice - tiredofthepain - 07-19-2008 02:21 AM
thank you for the link, i have read so many things trying to figure out what to do. My attorney has sent a settlement offer without even discussing with me. when i asked about it his aid told me that it is protocal and if i dont settle i could get way less. this is very frustrating to me and the pain in the meantime is only getting worse and i feel like im going down hill. my perm work restrictions are, no bending,no lifting,sqatting, twisting,stooping,walking on uneven surface,no ladders, no more than 1 hour total on my feet and no prolonged sitting. it goes on and on, this is everything i have ever done in my life for work. the rating doc suggested voc rehab training but i do not what to do in line of work now. i also have carpal tunnel in both arms/wrists. what to do! thank you for your advice and im hopeing to find somthing by reading this forum and getting advice. I am very hard headed and i am determined to not let this get me down. I want this attorney to work for me and not treat me like another wc charity case. i do believe that the aquatic therapist they had me going to noted that because of the fall my hip had shifted foward causing more trauma to my back. ugh! sorry to ramble, things come to me as i am reading and typing on here. oh and the adjuster said something about sending papers about medicare set a side...what is that? thanks again to everyone on here, its is my second family.
RE: need some friendly advice - jayne - 07-19-2008 03:15 AM
are you on SSDI? that is the reason for a medicare set aside.....My lawyer early in the game sent in an offer of 10 times what we settled for just to let them know we were open to talking...your lawyer cannot settle without your OK. you simply must sign the papers..(at least in okla we have to).I am not from california (thank God) but ChrisChris is and so is monster and a few others so they will be on to help if they can.....good luck
RE: need some friendly advice - tiredofthepain - 07-19-2008 03:29 AM
hi jayne, thank you for respoding. i applied for ssdi but got a letter last week of denial, i went online same day i got it to appeal it. I sent in new mri report of back and now neck. which is worse than the last mri 14 months ago. she said they needed more information so i sent every report i ever had done anywhere. I was shocked he sent an amount without talking to me. it is very low i think anyways. by the time they take pd payments sent to me over last 6 months plus attorney fee and now they say they over paid me and will take that out of settlement i wont have nothing. It is very frustrating to me. My perm work restrictions are, no lifting,bending,twisting,squatting,reaching, walking on uneven surfaces,no ladders,ect..the list goes on and on. I can not be on my feet more than an hour my entire shift and no prolonged sitting. lol...what am i supposed to do for work and who would hire me when they can get more out of someone else. My job decided they cant use me or accomindate me anymore. so......im trying to keep positive in all of this and i love reading this forum as i have for 2 years now.
RE: need some friendly advice - jayne - 07-19-2008 10:10 AM
you do not have to sign anything.....you dont sign you dont settle...just remember you get zero for pain and suffering only your permanant disabilty...and if your lawyer takes a percentage of you TTD then he also has been getting overpaid check that out alsocould add up to a bit....TTD and PPD are two different payments get an appt with your lawyer and have him sit down and explain it all to you and tell him point blank I dont understand I dont sign....
RE: need some friendly advice - Lilly - 07-19-2008 10:25 AM
The 'set aside' you speak of...is because your lawyer has been talking settlement with WC/IC and SS. SS demands so much monies set aside by the IC to treat you in the future .... as medicare will not pay for something that is not their responsibility.
Also remember, if you get awarded SSD...your lawyer gets a cut of that too, IF he has been helping you on it.
Take care, and good luck, Lilly
RE: need some friendly advice - annoyedtodeath - 07-19-2008 06:05 PM
hi tired, sent you a p.m.
RE: need some friendly advice - tiredofthepain - 07-20-2008 10:08 AM
i filed the ss on my own, my attorney does not do any of that he said..so he told me to file on my own. So he has nothing to do with that part of my life. I sent a letter to him yesterday stating my demands for him to represent me 100% or im moving on without him.
hi jayne, thank you for your advice as well. I feel very empowered and justified with sending him the letter. step up to the plate and represent me or get out. After all he is working for me right! there are so many attorneys,sleezy ones to.....need to look for an ew one i think. thanks for all of your advice....thank you annoyedtodeath...your case is very simular to mine. have a good week....