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Depression treatment denied
#1
Well, I just got notice of order from w/c, dx for depression denied as not work related and no treatment will be authorized. According to IME, although it is not work related, they still recommend treatment so I will be more employable in the future. My own doctor agreed with this part of IME and recommended a multi-specialty pain clinic, but w/c sent decision, all treatment denied.

I have 60 days to appeal, should I bother? Do I have a chance to win? My lawyer is hesitant to fight this order because of the cost. I am still fighting w/c denial of further treatment for my carpal tunnel, now it is my shoulder/neck and it is costing me already a lot.

I would welcome all opinion and experience in this matter.

Thanks.

Kat
 
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#2
I would say you have to look at the long term situation. if you believe the depression is going to be a lifetime problem even though symptoms wax and wane it might be worth the fight.
your interests and your attys can be very different, especially as far as what's best in the long run. Attys need to close cases and bank fees; fighting for psyche treatment may not futher either of those priorities.
long term care even if just drugs can sap your limited resources. also filing an appeal keeps the issue alive and that can be worth something even if it only comes down to some extra dollars in a settlement negotiation.
the downside is the constant battle may do more harm to your emotional state; psychologically it may be better to let the issue go.
just some things to consider; only you know which situation might be best for you.
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THANKS FOR POSTING.
 
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#3
Thank you, 1171.

I think I would get over my depression as soon as my situation improved or became more stable. I believe the longer I have to deal with w/c the more depressed I will become, so I think I just let it go. I also don't believe medication would help me, what's the point than fighting for treatment. I think it will work out for me without any counseling or medication as I don't really believe in this type of treatment anyway.
 
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#4
katicabogar

My opinion is, from what you wrote, is your still fighting other medical issues at such time. Just adding the depression is a major more cost to the attorney. My concerns as to the depression though, is you stated the IME and your Doctor have agreed on the depression. But they stated non-work related. Do you agree that it isn't work related? If so, then you need to take care of that yourself. But, injury and pain can also cause depression. It's my concern then to get the facts out of these doctor's.
Reply's are intended solely for informational purposes. They are based on personal opinions, experience, or research and are "not to be taken as fact or legal advice", otherwise, always consult an attorney or a doctor.
 
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#5
Bad Boy,

My depression is definitaly work related as it started about two years ago, after my adjuster denied all medical treatment. I am living with pain about four years now and it wore me down. I don't even remember when was the last time I felt completely pain free.
My doctor who is not a mental expert stated only, I was depressed and he agreed with IME doctor about sending me to a multi specialty pain clinic for further treatment. IME doctor wrote, my depression was not work related, but he still recommended further treatmen so I would be employable in the future. My attorney said, I would have to hire my own pshyciatrist to object IME and I would have to pay for deposition also. As you know, I am fighting other medical issues right now and the cost is a lot already. Attorney thinks, fighting the other medical issues are more important than the mental part, so I don't know what to think.

Thanks for reply.

Kat
 
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#6
Just an example of my case: I was dx with recurring carpal tunnel. My emg showed i had it and a mild case at that. I went to their IME doctor who said I did not need medications for pain and my depression was NOT work related. The ic does not pay for anymore of my meds. I have 30 days to appeal my case. They found the IME doctor that saw me all but 10 mins more credible.

I decided that it is not worth fighting anymore for medication or my rating. I won a 10% rating which I think is pretty much more than I will ever get for that diagnosis. If I decide to appeal, I would have to get a lawyer, and I would be more depressed each time I go to a lawyer and talk about the case over and over again. I have decided that It is not worth the fight anymore and to take the 10% as long as they are still paying my medical care.

My private ic is paying for my medication. I no longer take anti-depressants as I did not think they were helping anyways. Personally since I have been off Cymbalta I have felt much better. I am no longer laying in bed all day in a dark room with the shades shut/crying which I felt was from always hearing from the IC how they were stopping this and that for treatments etc.

You really have to think about if you can win this battle of it being caused by work. ( The depression that is). I do not know how to prove it so not worth the fight. Of course with Chronic pain comes depression and for some reason the labor board did not agree with it.

I am working and now need to get on with my life, continue to see PM monthly for my medication to control my pain to work each day. I do not want to drag this on any longer and possibly lose. It is just not worth the fight in my opinion. I hear all the time people say that the labor board is for the injured. I disagree with that. Because this doctor ( ime ) was used before in hearings, they found him credible more than my own doctor whom they never knew or heard of. My doctor spent 1 1/2 hours with me testing me for everything during the PIR rating. He does this all day for many years. Their IME doctor was a hand surgeon who dealt with sport injuries. Now who would be more credible?????? It is your own decision you will have to make. Either continue to fight and be depressed , or go on with your life.
carpal tunnel recurrence/ neuropathy / RSD.
1/29/07 injury date. Permanent. PIR settlement 8/4/08 10%
 
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#7
Depression is a Serious Issue for Injured Workers with Chronic Pain, I fight it Myself Daily. My Attorney made a Valid Point that it would be Best to Win on Medical Evidence First, before even Speaking about Depression. I Won on the Medical Evidence and My Dr. and Myself was Found More Credible, but I did not try and add Depression to My Case. This may not sound Correct, because in My Eyes it isn't, but Some Judges will doubt the Injured Workers Credibility if Depression is fought for. It shows Weakness to Some, even though that is not always the Truth. So Your Attorney May be leading You down the Right Path by not Fighting at this Point, Maybe in the Future would be a Better Time to Fight this. I know this May not have Helped You, but it's the Sad Truth in this System they Call W/C!! My Very Best to You!!Smile
 
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#8
I have to agree with what Limbo has said as I have been in the same position. I have PTSD. Not work related but aggravated due to my injuries and now struggling with depression off and on. My attorney advised me to leave this out of my claim at least for the time being. He said sad as it is , sometimes and IW is loked at like a "nut case" ( my attorney's words) by all involved and it hurts their case. I have left it out because I was also told that as far as my PTSD goes the attorney for the IC would be digging all over the place for info and it's not something I wish to share so the end result was MY decision. Best of luck. It's a hard decision to make and needs to be each individuals. I am with Sparkey. I would like to go on with my life not as a part of the WC system. I wish I could work. WC has certainly changed my life and not for the better. Learning everyday how to live with the changes, the pain and the BS. I ahd a re-eval done last week for aquatic PT. The therapist asked me to raise my left arm and then she proceeded to push it back to the point of extreme pain and said " Oh 100% better" I am not having PT on my shouder to begin with but it is part of my injuries. I resent PT's doing that. Don't write down what can be done with you yanking a body part because I can't do that on my own and it sets off 2 months of pain. Yes I told her and yes I reproted her but so what. I am the one who is set back and who knows what she wrote. It's things like this that make me want out.. I am no better in 2 1/2 years so what's the point of playing all of their games. Let's both take count our losses and go about our lives.


CAP
 
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#9
Cap, That was a good point on the physical therapist. After they yank and pull then write down a number that says you can do something when you can't do it on your own.

I think all of us deal with this.

My numbers aren't that much different of what I can do on my own and the yank & pull numbers the therapist gets. Don't know why.
 
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#10
Bummer Knees Wrote:Cap, That was a good point on the physical therapist. After they yank and pull then write down a number that says you can do something when you can't do it on your own.

I think all of us deal with this.

My numbers aren't that much different of what I can do on my own and the yank & pull numbers the therapist gets. Don't know why.

I would not lump them all into this category as my experience has been much different. The Physical Therapists have never yanked or pulled anything to get better numbers. Their evaluations have strictly reflected my ability to function on my own. Their treatment on the other hand has on occasion involved some extra movement. Even then they have been cognizant and respectful of my pain and ability to tolerate.

I know that some have had different experiences and I am not doubting them. I just feel that in all fairness we should not lump all therapists or doctors for that matter into the same category. There are good and fair ones out there.

As for the issue of depression it is very common and medically recognized in chronic pain patients. It is not necessarily viewed the same as other causes might be. The mental effects of chronic pain can be debilitating in and of themselves, they can also hinder the recovery process of the injury. If the depression is due to the constant pain I would definitely appeal the situation and seek treatment.
 
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