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my doctor doesnt want to give me my disability rating
#1
Hello everyone,
I am in Mississippi and have been lurking around here since my injury in January 2014.  I suffered a severe crush injury to my left foot and ankle and have had 2 surgeries to repair my calcaneous, Achilles tendon, posterior tibial tendon, and have hardware installed then removed a year later.  I am currently in pain management and taking gabapentin to help with nerve pain.  I completed physical therapy last summer, but I still cannot walk without a cane.
At todays visit, my ortho doc let me know she feels I have reached MMI, but would still need pain management, injections, and possible procedures in the future.  This is going to be as good as it gets.  I am concerned because she did not want to do my disability rating.  She has me on restrictions (only mobile to go to bathroom), says I will never be able to work on my feet again, has even put in for vocational rehab for me (which they denied), but will not be doing the evaluation.
My attorney says all his other cases give a rating when they are declared MMI.  What now?  How will I be evaluated?  Will they cut my benefits off even though my employer wouldn't take me back with my restrictions?
 
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#2
not every physician is trained in disability ratings which can be very complex.
you'll likely be sent to another physician for rating.
temporary disability ends when the condition becomes permanent.
you will be given permanent partial disability when there is an agreed upon rating.
partial disability will not be enough to live on; you will need a new occupation.
you can dispute the rehabilitation denial.
you may have to secure rehabilitation services on your own until the denial issue is resolved.
Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information. Use the search feature to find information from similar questions.
THANKS FOR POSTING.
 
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#3
(08-18-2015, 08:19 PM)1171 Wrote: not every physician is trained in disability ratings which can be very complex.
you'll likely be sent to another physician for rating.
temporary disability ends when the condition becomes permanent.
you will be given permanent partial disability when there is an agreed upon rating.
partial disability will not be enough to live on; you will need a new occupation.
you should dispute the rehabilitation denial.
you may have to secure rehabilitation services on your own until the denial issue is resolved.

Thank you so much for the reply.  Not much info for MS out there.  I will ask my atty to push for the rehab and am contemplating looking into grants to go back to school.  In the mean time, I am worried about getting groceries to the table.  I am really worried that I wont even get my next check.
I have left a message asking for a referral for the rating, but I am still seeing PM doc and have asked again ( been turned down by IC twice) to see a psychologist.  I was really hoping this last exray would show something they could fix, but its a nerve damage problem.  Got my injection and the "I'm sorry but........"
 
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#4
I was really surprised she didn't do the rating because she has seen me try so hard at every turn and is almost a cheerleader. Good to know it wasn't something I said. lol
 
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#5
Sorry for your situation. I keep reading post after post about employers not allowing their injured worker to return to work with restrictions. I have no idea about your situation, how many employees your employer has, but they should have engaged in the interactive process to see if you could return to work with accommodations. Did they? I am writing you the same thing I have written to others who are not allowed to return to work after a work related injury, and that you can consult with the EEOC and a labor law attorney if you believe you have been discriminated against. Not all employees have a claim and small employers can state it would be a hardship to accommodate, but without knowing your situation... I just want you to have the info just in case.

This is a news story about a person who had fibromyalgia and her employer refused to accommodate her, but underneath is links to ADA and accommodation laws.
https://www.disability.gov/senior-care-c...romyalgia/

I know a police officer who was not allowed to return to work with accommodation and was told he could not return in a wheel chair (foot injury that spread to other foot and leg). They had office jobs available but said he could not be in a wheelchair. He had a successful claim with the EEOC.

I am not familiar with your states resources but you may qualify for health coverage through your state. There you may be able to get psych treatment. Have you looked into it? There are other resources you may qualify for if your work comp payments are cut off and you are disabled, possibly SSI (supplemental Security Income). This is income based and disability based, so if you have a working spouse who earns a certain amount you may not qualify. You can apply for this at your local Social Security office (it is not SSDI).
I am not an attorney.Anything I write should not be considered legal advice.I am writing from my own personal experiences,which is not from any sort of legal background. You should consult with an attorney over legal issues. In California, if you cannot get an attorney you can consult with an I&A officer.
 
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