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FCE and settlement(Neuro case in GA)
#1
Hello everyone! I have a question that hopefully all can help with. Quick background, I suffered a closed head injury over a year ago. The injury has caused seizures, severe daily headaches, psychological issues (hallucinations, hearing voices, smelling foul odors that are not there), OCD, can not tolerate stress at all, and anger issues that come from nowhere. In addition, I can only tolerate driving short distances. Everyday is a struggle to even get out of bed. My neuro has put me on various meds ranging from anti-seizure, anti-depressants, and anti-psychotics with no positive results. When I first start the meds, they seem to help for a few weeks. Then my body reacts to them negatively and there goes a trip to the er. Just to find out that the latest cocktail is killing my liver again. Plus, I am diabetic and controlling my blood sugar during all of this is a nightmare. Anyway, my attorney and the IC attorney have wanted to settle this for months, but the adjuster just will not talk settlement. They finally sent me to a facility to have an FCE done. The test proved very interesting to me. A few times, I almost had to be carried away in an ambulance. The computer also had an alarm go off stating my pulse rate dropped to a dangerously low level, but I never felt anything. During the test, I also had one of my worst hallucinations ever(actually yelling at it to go away). When they had timed me to complete tasks with only one hand. I just could not do it, left hand in particular, and kept being reminded that this was a timed test. Needless to say, I hurt their feelings at that point. The interesting aspect, all of this got worse when having to lift things and exert myself. The tester took very detailed notes, but feel that something is not right. They kept pushing me to do more, my symptoms became worse, and told them I needed to stop. Yet, they kept pushing me and only backed off when they asked me "are you ok?" I told them that you may want to call 911. Then I got to rest. My issues are neurological in nature. So how does this FCE factor into the whole settlement issue? I have been at MMI and released from my neuro a long time ago. We have another mediation scheduled for the first week of March, but the last four were cancelled by them everytime. I cannot take much more of this, and keep asking if I need to file for SSDI, but no one will give a straight answer. Even when they did the Neuropsychological testing, the neuro said that you have a variety of issues going on right now, but now elaboration. Help! can anyone please help me understand all of this? This all may seem simple to everyone, but as my neuro says,"You have brain damage now and sometimes take longer to learn or understand things." Thank you to everyone that takes the time read my posting and comment.
 
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#2
A good WC Attorney is your answer IMO. Some Questions:

Have you been declared MMI? I would think yes since you are taking a FCE. What are they saying?

A FCE will not determine your settlement IMO but your Doctor will . My Spinal surgeon and PM Doctor were my big help aide. My FCE, I was found sedentary/light with many restrictions. I settled out as PTD with WC and I have been on SSDI since 2006 retracted by to my date of injury minus 6 months.

Applying for SSDI will not interfere with your WC Case. Have you been unemployed a year?

I would get/request a copy of the FCE report. They are also looking big time to see if you are faking or in denial....... Good Luck;GET A ATTORNEY A WC Attorney.
 
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#3
an FCE is just secondary documentation and one piece of many findings used by the doctors to support their opinion of any permanent impairment. it generally is used for physical functioning.

you can object to any further medical testing but you will likely need a medical opinion to support your position that you
"can't take any more of this." as they are not likely to take your word for that conclusion.

you can apply for SSDI at any time.
what answers aren't "straight"?
no one can prevent you from filing and only SSDI can decide whether you qualify and you won't know their determination until after you apply.

if you are not able to make informed decisions about your treatment and compensation choices, you need to have a guardian appointed to make those decisions for you.
if you don't have an atty. talk to one that specializes in workers compensation.
I can't be more specific without knowinq which state laws your claim is controlled by.
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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#4
I had been notified that I was at MMI in June of 2011. The issues with the FCE that I am being told is that in the begining of the test. My pulse rate dropped to a very dangerously low level. All I remember of that moment was everything freezing for a moment and then being somewhat confused. They believe that I was having a form of partial seizure, and that is all they are saying to me. I have those feelings all day everyday. I have been out of work for over a year. My Neuro is not telling me much about my condition, now or all during treatment. The only honest Neuro that I liked and told the truth was my IME. The IC would not let me treat with him, because it was not good for the IC. My Neuro keeps telling me that one day I will wake up and I will be miraculously healed. I do have a good WC attorney who specializes in head injuries, but his approach is rather interesting. He tells me just what I need to know and nothing more. He has told me that we have all of the medical evidence on our side. The disturbing part is that he stated, if we go to mediation in March as they seem to want too(We'll see!). Then there will be no medical portion of the settlement. This is what I am most concerned about. The frustrating part of all of this is that we are about to go to mediation maybe, and there are so many questions about my condition and treatment that no one is talking. I know there is something really wrong. This is why I approached the idea of SSDI, because no one is letting me go back to work.





(02-18-2012, 07:06 PM)lucky Wrote: A good WC Attorney is your answer IMO. Some Questions:

Have you been declared MMI? I would think yes since you are taking a FCE. What are they saying?

A FCE will not determine your settlement IMO but your Doctor will . My Spinal surgeon and PM Doctor were my big help aide. My FCE, I was found sedentary/light with many restrictions. I settled out as PTD with WC and I have been on SSDI since 2006 retracted by to my date of injury minus 6 months.

Applying for SSDI will not interfere with your WC Case. Have you been unemployed a year?

I would get/request a copy of the FCE report. They are also looking big time to see if you are faking or in denial....... Good Luck;GET A ATTORNEY A WC Attorney.

 
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#5
Are you married? or do you have parents or a sibling close by that can act as an advocate in your behalf?It seems as if you are not mentally stable enough to handle your affairs and do not trust your lawyer...Yes you should be filing for SSDI your lawyer may not want you to do so before setteling your WC case because of medicare and setasides....it could cost him alot in fees...
........I love cats, I just cant eat a whole one by myself......







 
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#6
The answers that are not straight is the fact that the Neuro says one thing concerning my Diagnosis, but in actuality the questions have been raised by other treating doctors involved in the case. The IME Neuro said that testing needed to be done to determine if I am suffering from epilepsy now or could it be a Post Traumatic Seizure Disorder. The Neuropsychologist seems to also contradict the treating Neuro's finding that the diagnosis of Post Concusion Syndrome is not adequate and further hurting my treatment. My Neuro takes the attitude that his opinion is the only opinion and that is that. I have tried so many times to get my IME Neuro as my treating Neuro. Apparently, the FCE is also showing something important. I wish I knew what the big secret was. I was told that I could not get a copy of my FCE, NeuroPsych report, or any other medical records that my diabetes specialist needs to review and to keep for my records. Attorney is working on that but not a priority.

I have been told that if I file for SSDI. I would more than likely qualify the first time, because their is all the medical evidence in my favor to support my claims. Yet, no clear advice on whether to take that route or not. The reason for filing would be to make sure that I can receive medical treatment. As I mentioned in my reply to Lucky, if we go to mediation in March and a settlement is hammered out. My attorney stated that there will be no medical as part of the settlement. He seems to be pushing me away from filing for SSDI at the moment. I do not know, but feel that it may somehow determine the outcome of the settlement. The treating Neuro told me to settle, becuase he would be able to treat me better than what he could now. Also that I would need ongoing lifetime medical treatment for the injury.

Very frustrating and confusing. I do not mind more tests, if they would lead me on a treatment path to get me back to normal or better medical treatment. I just meant during the FCE. I was in very bad shape and maybe the tester noticed or maybe not. Even though I was hooked to a computer the whole monitoring my pulse and heart rate with the occasional alarm going off. I was told they are the best and their first concern is the patient.






Jayne

Yes, I am married and the only family member that I even remember is my sister. I have to endure watching my mother cry every time she sees me, and knows that I do not remember her or have any form of emotional bond with her, since the injury.You touched on a very important issue that they have been trying to convey to everyone is the mental stability, since the injury. My sister moved in with us after my injury. So she has seen everything from the beginning and has been able to help my wife. They both have been my biggest advocate in terms of getting the right treatment and researching the diagnosis they come up with. I could never express how much love there is for them both, because of what they have had to endure through this whole ordeal. I maybe making excuses for my attorney. I do not know. Sometimes what he does makes sense to me and other times have no idea what he is really doing. I do know that the only two people I trust are my loving wife and sister. The only doctor thet they liked was my IME Neuro who had a plan for treatment and put everything in terms that I could relate too. Yet, the biggest part of his plan included alot of testing to best tailor a treatment plan. His plan was expensive, but truly believe that I would be alot farther in a positive direction. He also did his best to prepare me for the possibility that I was not going to get better.

I have thought that my attorney was postponing any SSDI, because of any loss of fees. My main concern is that SSDI or private insurance will deny medical treatment for this injury and place it on the IC. Someone told my wife that and hope they are wrong.



 
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#7
SSDI and private IC will deny treatment on this BECAUSE it is a WC injury...that is why you want to make sure you go for SSDI now.They will hammer out an agreement with your IC as to what the IC will pay in a medical setaside before medicare kicks in....you dont get this worked out YOU may be responsiable for it.You dont want that believe me...
what is put in a medical setaside takes alot of work on your lawyers part and he doesnt get paid much for it,its why they dont like it.But believe me you need it for your medical well being.
I am glad you have someone 2 someones in your corner that you trust WC is a hard thing to go thru alone......come on over to off topics and play with us we enjoy ourselves and just chill over there
........I love cats, I just cant eat a whole one by myself......







 
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#8
I don't understand what advice you are looking for about filing for SSDI?
If you need the disability payments, file for them.
If you don't need the $$, then don't.
it's not more complicated then that.
maybe you are confused about your finances and don't know if you need money?
if so, think about getting a guardian to help with your personal finances.

more then likely if you try a get a lump sum buyout of all your benefits you will have to have a medicare set aside to handle your medical payments.

be careful of that neuro. the reason he wants to treat you after you settle is he can charge more and he won't have to explain himself to other doctors to get approval.
a doctor with a blank check and no one around can be a dangerous thing.......
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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