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Is this really how I'm suppose to be treated??
#11
Sit down, take a breathe and let us help you figure this out.

Make the calls that were suggested, apply for SSDI ASAP, yes you're young but in certain conditions they approve it very fast and it doesn't mean it's forever.

Your daughter loves you, she will understand, things will get better.

Your lawyer does need to file an appeal ASAP, once again with your pulmonary problems it can be expedited, within a matter of days in certain cases. If nothing else call your state representative or your congressman. It's amazing how quickly things can be pushed through when the right people are called. I don't think things will take years if the right people are involved. I know this from when my oldest brother was injured at work 2 decades ago. We didn't know he was living on the streets, gave up his home to pay for his meds. Tx state senator fixed everything with 2 days.

I'll be praying for you and your daughter, keep us informed.

Take care,
BB
 
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#12
Has anyone else at this plant been diagnosed with this rare lung disease? OSHA fining a company is not uncommon. Also, every company is allowed to exceed a certain amount of emmisions every Quarter. If they go over this limit, OSHA can shut the plant down.
Surely this plant had the emmissions monitored on a daily schedule. I can tell you from experience you will have a difficult time accussing this plant of your illness unless you can prove from plant documentation that they were consistantly out of compliance as far as emmisions goes.

What is your future? Will your Lungs clear or is this a Terminal illness?

You seem to say you have a terminal illness but WC is saying it is not caused from working in this plant right?

You are 34 years old. Have you been declared MMI by the WC Doctor?

I struggle with the fact your benefits have been totally cutoff and there seems to be a dispute over this terminal illness or is the dispute whether the plant caused this illness?

My job before my injury was making sure that the CEMS units in a Refinery were working properly on a daily basis. CEMS is Controlled Emmission Monitor Systems.

I hope the best for you. I also believe this is beyond a WC Case if this plant caused this terminal disease from neglect to maintain its emmission protocol set by your state and Federal gov. It is a strict protocol.
 
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#13
I just finished the online application for SSDI. Thanks for telling me about that. I thought SS was for elderly people so thank you. I have a court date nov 19 with workers comp.My attorney told me that it is just a hearing to see what progress has been made and doesn't know if I need to be there. Does that sound right?Should I tell my lawyer that I am contacting my state rep and see if he says if I should?This is the first lawyer I have ever dealt with. It's a bit intimidating. what kind of questions should I be asking him.
FREEBIRD-I dont know if anyone else has been diagnosed with pulminary problems.There was no daily monitoring of the plant.Definiatly nothing called CEMS I worked directly for the owner and never saw or was told about any monitoring or that the cobalt and tungsten could be the reason for my breathing problems. My future is good. When I was first diagnosed in april 09 my lung capacity was 48% and I was on steroids. In september it up to 60% and I had been out of the plant for 5 months. The specialist says I will have interstitial lung disease, Copd, asthma, and I have a section of scarring on my lungs the rest of my life,but luckily I got out of there before it killed me.I went to the doctor that w/c told me to in August but have not received anything from him. I dont know what MMI is.I beleive the dispute is whether the plant caused this illness.Thanks again for helping me here cause like I said I have never been through anything like this and have noone I can lean on.
 
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#14
MMI, maximum medical improvement.
You could probably find out online if your employer has exceeded the guidelines that OSHA sets, or better still your lawyer could find that, it might make a good argument in court.
Is your pulmonary special willing to state via a deposition that your interstitial lung disease was caused by the air quality in the plant? Have you been keeping copies of all of your medical records? It's important, it's also important to take them with you to court. (My former lawyer was missing two important documents the last time we went to court, luckily I had copies).
If you didn't have pulmonary problems before and all of your medical records point to problems starting soon after employment then I'd say you have a good case. Was a biopsy done to determine if you had or still have cobalt in your lungs plus the other chemicals you mentioned. If your studies showed you do then once again I'd say you have a good case. But I'm not a lawyer.
 
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#15
When is the last time you worked? You have to be unemployed for a year before SSDI will consider your application in most instances.

This plant has a guideline of Air Quality Regulations. IF this plant is discharging or emmitting gases outside of state and federal limits, you might have a case but someone has to prove this.

What kind of plant is this? What was the end product? Is it a batch process or continuous operation?
 
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#16
BB-I have not even heard the term MMI come up from my doctors, w/c doctor or my lawyer. The specialist said that he wont testify in court but he will talk to my lawyer.The doctors offices told me they have to charge for copies of my medical records.like I said earlier I'm trying to figure out how to continue paying child supportat this point.Nobody has done a lung biopsy. I had a hi res chest scan and that is when the scarring was found.I never had any pulmonary problems of any kind prior to working there. I had no problems of any kind. I'm young as was very active and fit.
FREEBIRD- The last time I worked was April 13, 2009.The specialist removed me from the shop until testing was complete and a diagnosis could be made.After all the testing he informed me the diagnosis and what the cause was . He told me that I cannot return to that work environment and he could not clear me to return to any work at this time and I can never return to an industrial environment.The plant is a Tungsten Carbide manufacturer.The end product is Carbide blanks.I'm not exactley sure what you mean by a batch process or continuous operation. I was the maintenance guy there. I repaired all the equipment.Everyday I was covered in the dust and dirt. I repaired and cleaned all the sintering furnaces batch furnaces and all equipment in the facility.I kept the facility running.
 
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#17
maint314 Wrote:BB-I have not even heard the term MMI come up from my doctors, w/c doctor or my lawyer. The specialist said that he wont testify in court but he will talk to my lawyer.The doctors offices told me they have to charge for copies of my medical records.like I said earlier I'm trying to figure out how to continue paying child supportat this point.Nobody has done a lung biopsy. I had a hi res chest scan and that is when the scarring was found.I never had any pulmonary problems of any kind prior to working there. I had no problems of any kind. I'm young as was very active and fit.
FREEBIRD- [b]The last time I worked was April 13, 2[/b009.The specialist removed me from the shop until testing was complete and a diagnosis could be made.After all the testing he informed me the diagnosis and what the cause was . He told me that I cannot return to that work environment and he could not clear me to return to any work at this time and I can never return to an industrial environment.The plant is a Tungsten Carbide manufacturer.The end product is Carbide blanks.I'm not exactley sure what you mean by a batch process or continuous operation. I was the maintenance guy there. I repaired all the equipment.Everyday I was covered in the dust and dirt. I repaired and cleaned all the sintering furnaces batch furnaces and all equipment in the facility.I kept the facility running.

Currently. I would say you are not elgible for SSDI. You have not been unemployed for a year.
I also was a Instrument specialist for over 25 years at a Chemical plant and a Refinery.
Websites to read about SSDI

http://www.ssa.gov/dibplan/dqualify5.htm

http://www.ssa.gov/disability/step4and5.htm
 
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#18
freebird

Applicant must be unable to work for one year due to a medical condition.

Not unable to work one year previous to applying.
 
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#19
Bummer Knees Wrote:freebird

Applicant must be unable to work for one year due to a medical condition.

Not unable to work one year previous to applying.

Thank you for correcting my error.

This person seems to have a great chance of getting "well".
34 years not on his side. I do not see SSDI as a option to be totally honest.

"Maybe" WC but that also is a far shot at this point. This is a rare disease and he already has resisitance from other Doctors. Sometimes we have to move on especially if we are capable.

Only the IW knows the truth. It is hard to make decisions especially when one is looking at "change" but in this case I believe it is a Reality and He will survive this.

Unless there is something I am not "getting" I would be looking at another field of work or school.

SSA does not care how much money you can make. They care if you meet there requirements for SSDI which are many.

Good luck and God Bless.
 
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#20
I volunteered for 36 months doing intake for the children's side of disabilities Social Security Administration.

From reading what has been posted about his medical condition; my guess is he will be approved.
 
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