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Employer avoiding using workmans comp
#81
my neck is so messed up...because of lifting any where from 12,000-50,000 pounds per day...I have got to get into therapy,and try to avoid surgery....UGH
 
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#82
Yes, it's a last resort. Generally it just takes time and patience. The urge to do something quick-to undo something  that took years to screw up---causes more problems.
Fixing a bone that broke suddenly is easier than repairing something caused by years of abuse./overwork.
Be well.
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.
 
Reply
#83
(02-11-2018, 09:49 AM)tinainky Wrote:
(02-11-2018, 01:50 AM)1171 Wrote: TINA, U PM  IS DISABLED   SO I  SENT  U  EMAIL  I HOPE IT WILL LET U EMAIL ME BACK

BUG


By clicking on a posters name you will  access their profile. In the lower left of the profile page under contacts is a link to send a private message
Here's bugs:
http://www.workerscompensation.com/forum...&uid=10353

Thank you very much. I sent him a message.Have a great day !
 
Reply
#84
(02-11-2018, 06:17 PM)bugmann Wrote:
(02-11-2018, 09:49 AM)tinainky Wrote:
(02-11-2018, 01:50 AM)1171 Wrote: TINA, U PM  IS DISABLED   SO I  SENT  U  EMAIL  I HOPE IT WILL LET U EMAIL ME BACK

BUG


By clicking on a posters name you will  access their profile. In the lower left of the profile page under contacts is a link to send a private message
Here's bugs:
http://www.workerscompensation.com/forum...&uid=10353

Thank you very much. I sent him a message.Have a great day ! 

TINA,

I got your message and sent email as your pm is DISABLED!! What you seek is VERY  VERY in depth understanding how to prove for a period of disability from the SSA is complex and even though its a federal claim each state has its own way to do it. Some states have 5 levels and some have 3. All this mean is when you hire your SS EXPERT lawyer to take your case. YEP it would be best if they took it from beginning but I know none who do. They let you go through the levels yourself (which the SSA uses as a screening tool to see if one is truly disabled) What I have is what you must establish in order to win a period of total disability and this is the case in each state.IN most cases its not  what you have that gets you to win case but how your illness prevents you from doing any past work or qualifying sedentary work, once this is established the burden of proof falls on the commissions lap to prove you can do work that is plentiful in our national economy, if they dont you win.


Please dont think thats all there is, you need to see these articles, if  I  dont hear back from you I will assume you returned to a sedentary job. Keep in mind you have paid into this system and should use it if qualified and I feel you have an excellent chance  2    WIN. The info I have saved over the years is worth its weight in gold. Hope you are ok???

BUG
e to win


BUG
 
Reply
#85
(02-11-2018, 01:58 PM)1171 Wrote: Yes, it's a last resort. Generally it just takes time and patience. The urge to do something quick-to undo something  that took years to screw up---causes more problems.
Fixing a bone that broke suddenly is easier than repairing something caused by years of abuse./overwork.
Be well.

You nailed it on the head. It is debilitating,not being able to turn my neck, shoulder still locked up,back spasms,and just general lifting and reaching. Chronic pain,although I have a pain patch,which is just a band-aid for now.
It makes me so mad...I just want to be well again,and possibly just not waste time,and get neck surgery done and over with!
 
Reply
#86
(02-15-2018, 06:37 PM)bugmann Wrote:
(02-11-2018, 06:17 PM)bugmann Wrote:
(02-11-2018, 09:49 AM)tinainky Wrote:
(02-11-2018, 01:50 AM)1171 Wrote: TINA, U PM  IS DISABLED   SO I  SENT  U  EMAIL  I HOPE IT WILL LET U EMAIL ME BACK

BUG


By clicking on a posters name you will  access their profile. In the lower left of the profile page under contacts is a link to send a private message
Here's bugs:
http://www.workerscompensation.com/forum...&uid=10353

Thank you very much. I sent him a message.Have a great day ! 

TINA,

I got your message and sent email as your pm is DISABLED!! What you seek is VERY  VERY in depth understanding how to prove for a period of disability from the SSA is complex and even though its a federal claim each state has its own way to do it. Some states have 5 levels and some have 3. All this mean is when you hire your SS EXPERT lawyer to take your case. YEP it would be best if they took it from beginning but I know none who do. They let you go through the levels yourself (which the SSA uses as a screening tool to see if one is truly disabled) What I have is what you must establish in order to win a period of total disability and this is the case in each state.IN most cases its not  what you have that gets you to win case but how your illness prevents you from doing any past work or qualifying sedentary work, once this is established the burden of proof falls on the commissions lap to prove you can do work that is plentiful in our national economy, if they dont you win.


Please dont think thats all there is, you need to see these articles, if  I  dont hear back from you I will assume you returned to a sedentary job. Keep in mind you have paid into this system and should use it if qualified and I feel you have an excellent chance  2    WIN. The info I have saved over the years is worth its weight in gold. Hope you are ok???

BUG

I went to settings bug,and now you should be able to e-mail me on this site.
e to win


BUG
 
Reply
#87
(02-21-2018, 02:30 PM)tinainky Wrote:
(02-15-2018, 06:37 PM)bugmann Wrote:
(02-11-2018, 06:17 PM)bugmann Wrote:
(02-11-2018, 09:49 AM)tinainky Wrote:
(02-11-2018, 01:50 AM)1171 Wrote: TINA, U PM  IS DISABLED   SO I  SENT  U  EMAIL  I HOPE IT WILL LET U EMAIL ME BACK

BUG


By clicking on a posters name you will  access their profile. In the lower left of the profile page under contacts is a link to send a private message
Here's bugs:
http://www.workerscompensation.com/forum...&uid=10353

Thank you very much. I sent him a message.Have a great day ! 

TINA,

I got your message and sent email as your pm is DISABLED!! What you seek is VERY  VERY in depth understanding how to prove for a period of disability from the SSA is complex and even though its a federal claim each state has its own way to do it. Some states have 5 levels and some have 3. All this mean is when you hire your SS EXPERT lawyer to take your case. YEP it would be best if they took it from beginning but I know none who do. They let you go through the levels yourself (which the SSA uses as a screening tool to see if one is truly disabled) What I have is what you must establish in order to win a period of total disability and this is the case in each state.IN most cases its not  what you have that gets you to win case but how your illness prevents you from doing any past work or qualifying sedentary work, once this is established the burden of proof falls on the commissions lap to prove you can do work that is plentiful in our national economy, if they dont you win.


Please dont think thats all there is, you need to see these articles, if  I  dont hear back from you I will assume you returned to a sedentary job. Keep in mind you have paid into this system and should use it if qualified and I feel you have an excellent chance  2    WIN. The info I have saved over the years is worth its weight in gold. Hope you are ok???

BUG

I went to settings bug,and now you should be able to e-mail me on this site. I never received your e-mail.maybe try and resend it .
e to win


BUG
 
Reply
#88
(02-21-2018, 02:37 PM)tinainky Wrote:
(02-21-2018, 02:30 PM)tinainky Wrote:
(02-15-2018, 06:37 PM)bugmann Wrote:
(02-11-2018, 06:17 PM)bugmann Wrote:
(02-11-2018, 09:49 AM)tinainky Wrote: Thank you very much. I sent him a message.Have a great day ! 

TINA,

I got your message and sent email as your pm is DISABLED!! What you seek is VERY  VERY in depth understanding how to prove for a period of disability from the SSA is complex and even though its a federal claim each state has its own way to do it. Some states have 5 levels and some have 3. All this mean is when you hire your SS EXPERT lawyer to take your case. YEP it would be best if they took it from beginning but I know none who do. They let you go through the levels yourself (which the SSA uses as a screening tool to see if one is truly disabled) What I have is what you must establish in order to win a period of total disability and this is the case in each state.IN most cases its not  what you have that gets you to win case but how your illness prevents you from doing any past work or qualifying sedentary work, once this is established the burden of proof falls on the commissions lap to prove you can do work that is plentiful in our national economy, if they dont you win.


Please dont think thats all there is, you need to see these articles, if  I  dont hear back from you I will assume you returned to a sedentary job. Keep in mind you have paid into this system and should use it if qualified and I feel you have an excellent chance  2    WIN. The info I have saved over the years is worth its weight in gold. Hope you are ok???

BUG

I went to settings bug,and now you should be able to e-mail me on this site. I never received your e-mail.maybe try and resend it .
e to win


BUG


TINA

Please forgive me for my inconsiderate comment on returning to sedentary work. I've been having very severe pain issues and have been reduced to using a walker like an old lady after hip surgery, this "epidemic" as the "experts" say we are in is hurting those it was intended to help. I believe this is just another smoke screen to keep Americans from following the real important issues facing our country. We will always have addicts and the worst the economy gets the more addicts we have. No one plans on becoming an addict it is an effect from a cause of one wanting to get away from mental torture of believing they are a failure. when its our GOVERNMENT that has failed us not we have failed ourselves but that is a different talk 4 a different time.

I have not been doing well with reducing my pain patch the 28th will be my 3rd reduction, my shrink has upped my Valium 10 to 4X a day, with wellbutrin, pristiq, and put me on Exaffor (Venafaxaline)as I cant afford another  TIER 4 MED as Pristiq is so I must cut my last 7 in 1/2 and take with Exaffor. My head is all over the place. All because some wealthy lawmakers kid died from shooting garbage in his.her arm sao they now say we have an epidemic. Yes, some have died from taking too many pills when they cant get heroin, or mixing a little this with a little of that, but that is a choice not an epidemic. The plague was an epidemic as it this years fku as they are contagious. I want aware I could turn into an addict by standing next to one when they cough?? Here is Websters definition https://www.merriam-webster.com/dictionary/epidemic.

Tina Im sorry for letting you down but Please understand how all of this has effected my pre existing anxiety disorder, I did nothing wrong, I followed each rule in my contract Its not my fault I am drug tolerent after 20 yrs. However I am paying the huge cost for anothers bad choices. Of chronic pain patients at best 2% may become addicted and most of these were under treated forcing them to get relief in the street.Thats why we need pain experts treating us, thaqats how I last 20  yrs of somewhat quality of life, after I said Im not going to live the rest of my life in bed I wqs assured I would not need to. The Medical director is like my 2nd Dad and I am his Son, I am the last of his 1st 5 patients as they all died of old age, Im alive as I was not even 40 yet when he left the group to do things his way. I owe him so much for all he has done, he never did it for $$ he did it because he also suffers from chronic severe pain

Please forgive me for my inconsiderate comment on returning to sedentary work. I've been having very severe pain issues and have been reduced to using a walker like an old lady after hip surgery, this "epidemic" as the "experts" say we are in is hurting those it was intended to help. I believe this is just another smoke screen to keep Americains from following the real important issues facing our country. I will try to also email this to you and we can discuss SS rules. They do vary from  state to state as well.

Here are just a few SS articles I would like you to see remember this was written from an Arizona Lawyer based on Federal Laws mostly I will have NO trouble getting your states SSDI/SSI laws so I can explain what to expect  in order to win your case.

I promise to NEVER get online when I dont feel well or my pain is through the roof☹again Im sorry for leaving you feel alone as that just what I dont want you to feel

Sincerely
Marty

ARTICLES 2 READ.

David & Goliath pertain to the NJ ss system in that it has 4 steps the first 2 steps the application and reconsideration are screening tools used by the SSA in subjective cases such as disability due to pain.

                                     Obtaining Disability Benefits- David vs. Goliath   



Remember the epic battle between David and Goliath?  On paper, David clearly had no chance to win

fortunately his heart and soul did not know it and with determination, persistance, and divine

intervention he prevailed!  Ever wonder what might have happened if he was aware of his 

predicament?  Would you have fought or ran the other way?



Everyday at the SSA, seemingly epic battles between disability claimants and SSA are fought. The bounty?  Disability

benefits.



The battle unfolds like this: you become unable to work due to a physical and/ mental illness and apply for disability benefits.

After all, you've paid into the system all these years for this exact situation.  Heck, even your DR says you cant work.  You  figure it is simply a matter

of comcompleting paperwork and time until you begin receiving benefits... but for now you are starting to experience financial problems.



As the months go by without an answer, you reassure yourself this is a simple case and the delay must be "due to government bureaucracy". 

After several more months, your frustration  grows, you call SSA and get no answers; or worst the ones you get are all differant!!

The people you speak with are rude and indifferant.  You remind yourself SSA is on your side.It's job is to help people like yourself by paying disability benefits

right?  But... you begin to feel like David.





                  THE BIG DAY





You finally receive an envelope from SSA, tear it open to find a benefit check and instead read " We have DENIED your claim for disability  benefits as our trained staff and

 medical doctors have determined you are not disabled under our laws.



You're angered, frustrated, scared, intimidated, and now overwhelmed by the thought of fighting Goliath ( federal gov.)



Pages into the denial it mentions appeal rights, but the decision seemed so final and left you with no hope.  You do not know the law, the system, how to fight,

or even if it is worth it. You're  alone and defeated..EXACTLY HOW SSA wants you to feel!!!



                 WHAT SHOULD YOU DO?  Persevere



75% of all disability applicants initially will be denied benefits! Half of those denied will give up and not appeal! However, 53%

of the applicants who persevere to a hearing before an Administrative Law Judge obtain benefits!!!



Now you understand how the system works: it is designed to DENY benefits to as many people as possible. SSA denies initial applacations because it KNOWS 50% of the

will give up and not appeal! But for those who persevere and appeal the denials, the majority are eventually granted benefits.



                

                   UNDERSTANDING THE SYSTEM





1)  INITIAL APPLICATION-- Every claim for disability benefits begins with the initial applacation. 75% of all applacants are denied at this step.

SSA looks for a reason to deny benefits.  The decision is based on forms you completed and medical records, you wont meet with anyone involved in making the decision.

It is surprising when anyone wins at this step. Dont quit--  you must appeal a denial with in 60 days



2) RECONSIDERATION-- This is the second step in the system but the results are worst. 82% of all applacants are denied at this level. SSA reviews your file againissues a denial; unfortunatly

it may take several months to receive.  At this step, only 50% of the original applicants are still in the system, the rest gave up. Appeal the denial immediately.



3) REQUEST FOR A HEARING BEFORE ADMINISTRATIVE LAW JUDGE-  Congratulations!!  You have persevered in the system and now have a good chance to win benefits.  

   53% of all claimants win at this stage.    Why?  Primary because your claim is entitled to a "de novo" or new review by ajudge who knows the law and does not work for 

   the SSA.  Also  you get to testify before the judge about your inability to work and she/he  will assess your credibility. Hopefully you have obtained opinions from your drs

 about your inability to work.



   You must win at the hearing stage; if you  do not, you can appeal but your claim will be tied up perhaps for years with the likelihood of success dramaticlly reduced.


  



http://www.scottdavispc.com/beware-of-and-avoid-this-disability-policy-trap/

http://www.scottdavispc.com/3-critical-mistakes-people-make-in-their-erisa-disability-claim/

http://www.scottdavispc.com/what-is-erisa-why-is-it-so-bad/

http://www.scottdavispc.com/is-your-insurance-company-allowed-to-disregard-your-doctors-statement-that-you-are-disabled/

http://www.scottdavispc.com/why-do-insurance-companies-say-you-are-disabled-due-to-a-psychological-disorder/

http://www.scottdavispc.com/how-to-prove-that-you-are-unable-to-work-and-entitled-to-disability-benefits/

http://www.scottdavispc.com/blog-post2/

SS LAW ONLY

http://www.scottdavispc.com/blog-post3/

When filing a disability claim or in the process of receiving disability, it is important to watch the pictures and things you say on social media sites like Facebook, Twitter, MySpace and others. It is possible that some administrative law judges could look at things you put on the internet. If this happens it could possibly be detrimental to you disability claim and even result in a unfavorable decision. The next time you are on a social media site be careful what you are writing and the pictures you may post for they might hurt your disability claim. We would recommend that you refrain from using any social media sites until you claim has been approved. Some may apply to both SS and WC.

SS LAW
http://www.scottdavispc.com/the-importance-of-regular-medical-treatment/

http://www.scottdavispc.com/affidavits-an-important-part-to-your-case/

SS LAW
http://www.scottdavispc.com/the-cake-is-baked/

http://www.scottdavispc.com/that-judge-doesnt-even-know-me/

http://www.scottdavispc.com/i-thought-the-fight-was-over-stop-harassing-me/

http://www.scottdavispc.com/discretionary-language-is-used-by-companies-to-deny-or-terminate-erisa-claims/

http://www.scottdavispc.com/when-your-insurance-company-sends-a-questionnaire-to-your-doctor/

http://www.scottdavispc.com/winning-your-social-security-disability-claim-15-mistakes-you-cant-afford-to-make/

http://www.scottdavispc.com/how-to-talk-with-your-physician-about-supporting-your-disability-claim/

http://www.scottdavispc.com/winning-your-disability-case-in-three-wordsfrequency-severity-and-duration/

http://www.scottdavispc.com/five-critical-tips-to-keep-in-mind-when-completing-disability-forms/

http://www.scottdavispc.com/why-it-is-important-to-address-psychological-issues-in-your-chronic-pain-disability-case/



http://www.scottdavispc.com/beware-of-and-avoid-this-disability-policy-trap/


http://www.scottdavispc.com/3-critical-m...ity-claim/

http://www.scottdavispc.com/what-is-eris...it-so-bad/


http://www.scottdavispc.com/is-your-insu...-disabled/

http://www.scottdavispc.com/why-do-insur...-disorder/

http://www.scottdavispc.com/how-to-prove...-benefits/

http://www.scottdavispc.com/blog-post2/

SS LAW ONLY

http://www.scottdavispc.com/blog-post3/

When filing a disability claim or even a WC claim or in the process of receiving disability, it is important to watch the pictures and things you say on social media sites like Facebook, Twitter, MySpace and others. It is possible that some administrative law judges/ employer/carrier's lawyer or investigator could look at things you put on the internet. If this happens it could possibly be detrimental to you disability claim and even result in a unfavorable decision, or worst "criminal charges" The next time you are on a social media site be careful what you are writing and the pictures you may post for they might hurt your disability claim. I would recommend that you refrain from using any social media sites until you claim has been approved.

SS LAW
http://www.scottdavispc.com/the-importan...treatment/

http://www.scottdavispc.com/affidavits-a...your-case/

SS LAW
http://www.scottdavispc.com/the-cake-is-baked/

http://www.scottdavispc.com/that-judge-d...n-know-me/

http://www.scottdavispc.com/i-thought-th...assing-me/

http://www.scottdavispc.com/discretionar...sa-claims/

http://www.scottdavispc.com/when-your-in...ur-doctor/

http://www.scottdavispc.com/winning-your...d-to-make/

http://www.scottdavispc.com/how-to-talk-...ity-claim/

http://www.scottdavispc.com/winning-your...-duration/

http://www.scottdavispc.com/five-critica...ity-forms/

http://www.scottdavispc.com/why-it-is-im...lity-case/
 
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#89
An interesting read. Here in NC, it is like I'm dealing with some weird egregore that controls everything from my family medical provider, employer, worker's comp management, worker's comp doctors, etc. The predominant thinking is if it's not a specific injury on a specific date at a specific location you're screwed.

My injuries are predominately repetitive motion - lifting in nature. When I first took leave in September 2016 to seek medical opinions, the worker's comp contractor turned me down flatly. I went to my primary care physician who got me a referral to a orthopedist, who stated there was nothing wrong with me and refused to do a thorough examination. His written statement to the NC Labor Board was far different LOL!!!

Went back to work after being off for nearly 6 weeks. Harassment started in earnest. Multiple suspensions for trumped up 'performance issues'. Only one Worker's comp law firm agreed to take my case while I was off but did nothing, claiming they were unable to get any orthopedist to see me due to my group insurance refusing to pay as they saw this as a 'worker's comp' issue.

Group insurance was dropped while I was off (without my knowledge) and was finally reinstated about 2 months after returning to work. Less than a month later while out on the west coast, I experienced a 'tendon tear - separation' injury in my right arm - emergency room physician states I should fly home for corrective surgery. Fly home, workers comp manager sets me up with a local orthopedist on 45 minutes notice - tell her there is no way I can make it. Phone the worker's comp law firm, explain what just transpired and they make an appointment for me with the exact same orthopedist for two days away.

Orthopedist sets a surgery date for the tendon repair and states he'll look at the other issues at a later date ( both shoulders, lower back, left hip and left knee). On the morning of the surgery, the orthopedist and hospital are informed by worker's comp management they have rescinded their recent agreement to accept responsibility for any and all of my work related orthopedic issues. Group insurance won't pick it up because they determined it was 'worker's comp' in nature. My union (IAMAW) agreed to pay for the tendon repair (but nothing else) if I reimbursed them for the surgery and the partial short term disability pay that had yet to start - I eventually received only 66% of the 60% portion of my average wage at the time.

Orthopedist found a torn rotator cuff in my right shoulder after an MRI was finally ordered for this but nothing else (surgery not recommended?), disk alignment issues in my lower back (surgery not recommended?), arthritis in my left hip knee and pretty much everywhere else! To this day, I feel that an MRI of my left hip and knee would probably reveal much more but that will have to wait until I become independently wealthy. The orthopedist assigned a 10lb weight limit to my right arm, I walk with a limp and use a cane on occasion, have trouble completing minor household tasks without having to sit down due to back, shoulder, knee and hip pain. Oxycodone doesn't help with the pain all that much and turned me into a zombie, so I stopped taking it last fall.

I asked for and received a new attorney from the worker's comp law firm. The new one was slightly better but was only interested in quickly disposing of the case. I can no longer work in my chosen field as I can no longer receive a medical clearance. The settlement includes language that my employment would be terminated, I couldn't seek a future medical remedy from my employer, no set aside for Medicare as I wouldn't seek Medicare coverage for at least 30 months although the attorney recommended I immediately apply for SSDI (I did, but have yet to hear anything).

Will be applying for my union pension and early Social Security later this year (I'll be 62 at that time). There was enough cash in the settlement to pay back the union, pay legal fees, paid off $18k in debt (now debt free) but little else. Still have unpaid medical bills related to my worker's comp case and for medical issues going back to 2015 but they'll have to wait. I will really struggle to make it through this year unless I sell off some possessions. Credit score of around 600 not helping either.

I came away from this feeling that no one was truly acting in my best interests. If I hadn't spoken up repeatedly and stood up for myself I would probably be unemployed, broke, crippled, sold or gave away my possessions and living with a relative.
 
Reply
#90
there is no time limit on Medicare just on their review criteria.
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.
 
Reply
  


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