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Decision
#1
New York, I've been waiting for approval on shoulder surgery and a spinal cord stimulator. The shoulder surgery was granted because the insurance company sent my records to an IME and he agreed with my doctors prognosis. I'm scheduled for surgery on February 6th. The SCS was denied by the IME and I went to court on December 29th where the judge asked for medical records and arguments from both sides. He said he would rule at a later time. My question is: is there a time limit for him to rule ? Also if he denies the request what would my lawyers next move be to challenge his ruling?
Thank you
 
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#2
No time limit.
Depends on the decision. If it wasn't supported by substantial evidence, they could try to win an appeal and have it sent back to the judge.
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
Thanks 1171
 
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#4
Sure thing. Hope you get the treatment you need.
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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#5
NY too.. Why the need for the SCS?? From what I've been told by my new surgeon and my last IME, the SCS is a last step after back surgery and you still have pain. and there's a 50/50 chance it helps or not. Also, before getting one, do all the RESEARCH possible. I wasn't told this at all. my first surgeon said it was needed and it would work. Comp approved mine. I had it removed 6 months after having it placed because of the severe pain and the SCS made it worse and I'm now living with severe nerve damage from mid to lower back from my SCS.
 
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#6
Research via google but also research on the FDA website before having any device implanted, hip knee, spine etc. I agree with tbear.There are different search tools on the FDA website that can pull up adverse events reported. There are a number of bad spinal cord stimulators that have hundreds, maybe thousands of adverse events reported. I don't know because after 500 I needed a code from FDA to check.

I will look up any device for any patient on FDA website and give links to info.
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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#7
Thanks guys, Tbear I had failed back surgery in 2010 and ended up with permanent nerve damage. Not from the surgery but because it was impinged for so long before surgery. I've had numerous injections including facet nerve blocks and caudal injections with no relief. What my doctor wants is just the trial with the Nevro Spinal Cord Stimulator. I saw my doctor today and he has a deposition on the 10th. I also had a Cervical MRI 2 weeks ago which is related to the original accident and got the results today. They show moderate to severe bilateral foraminal encroachment at C5-6. We are going to try injections first then go from there. After almost 8 years of dealing with constant pain and all the procedures I've been through I'm willing to try anything. It's the stress of knowing I have to deal with this the rest of my life at age 46 is the hardest part on my wife and myself. I also don't want to live on pain medications the rest of my life. My doctor suggested the Butrans pain patch instead of hydrocodone and tramadol pills. Has anyone heard or tried these patches ?
Thanks for all the help guys
 
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#8
Never heard of those patches... Just the Lidocaine ones... which don't work. Spine & Wellness doctor's has had me on just about every drug on the market for pain... they work maybe 2 weeks and then nothing. Same with the shots in the lower back too...
Right now, I'm still recovering from a Dec. 19th surgery... C2 to T3... 12 screws and 2 rods.. Went for a second opinion on my lower back and my new surgeon is the one that noticed that I had calcified bone forming on the ligament covering my spinal cord. Any little accident and i would of been paralyzed. Only thing he can't understand is it shows in all my MRI's and scans that I had done with the first surgeon. So lower back surgery is now on hold until next year or so...
I've been in pain since 2012 and it's no fun... I'm 52 and it seems my life went down the toilet when I injured the lower back at work.. No more hiking, biking, long walks, picking up my grand-daughter, etc.... Just glad my husband has stuck by me through all of this.

Good luck if they do OK your trial...
 
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#9
I'm in the same situation, I thank God everyday that my wife has stuck with me throughout all of this. Wish you well Tbear, thanks for commenting
 
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#10
(02-04-2017, 12:46 PM)redsoxfan Wrote: I'm in the same situation, I thank God everyday that my wife has stuck with me throughout all of this. Wish you well Tbear, thanks for commenting
The Butrans patches did not work well for me but everyone is different.

Tbear I am sure you have tried this but just checking, has your doctor tried nerve pain medications such as Lyrica? Also what helped me after my spinal surgery was an ice machine that had attachment to lay underneath. These types of machines can be prescribed for pain management after a spine surgery.

Spinal cord stimulators help a lot of people. I am not against spinal cord stimulators....just some of them that have hundreds if not thousands of adverse events reported. You can only view up to 500 on the FDA website without requesting a code.

http://www.fda.gov/

I wish you redsocks  and you tbear the best with healing and pain relief. I have already said prayers for tbear but will add you redsocksfan and any others who are struggling with pain issues.
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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