Hi All,

After SS lost my file, they apparently have either found it or are reconstructing it as I've received additional forms to fill out which I've done. Let me add that I had already received the initial denial prior to my file being lost. Friday, they sent me a notice that I must see one of their medical doctors for a "physical examination" and also must see a psychiatrist for a "mental evaluation". Depression is certainly a big part of my life with chronic pain.

Can anyone PLEASE tell me what to expect from both the physical and mental evaluations. Will the physical examination involve things that will cause me more pain? What exactly is the medical doctors agenda? What is the purpose of this appt? And please tell me what the "mental" exam will consist of? Will I have to take a bunch of mental tests? Will they make me go thru my whole life history or will they focus on the depression resulting from my chronic pain?

Any advice or recommendations will be so greatly appreciated. I'm at a loss as to what to expect. I guess I'm experiencing fear of the unknown. so I will appreciate any insight you all can provide me with. Thanks so much for your help. God bless each one of you. Linda

Hi All,

After SS lost my file, they apparently have either found it or are reconstructing it as I've received additional forms to fill out which I've done. Let me add that I had already received the initial denial prior to my file being lost. Friday, they sent me a notice that I must see one of their medical doctors for a "physical examination" and also must see a psychiatrist for a "mental evaluation". Depression is certainly a big part of my life with chronic pain.

Can anyone PLEASE tell me what to expect from both the physical and mental evaluations. Will the physical examination involve things that will cause me more pain? What exactly is the medical doctors agenda? What is the purpose of this appt? And please tell me what the "mental" exam will consist of? Will I have to take a bunch of mental tests? Will they make me go thru my whole life history or will they focus on the depression resulting from my chronic pain?

Any advice or recommendations will be so greatly appreciated. I'm at a loss as to what to expect. I guess I'm experiencing fear of the unknown. so I will appreciate any insight you all can provide me with. Thanks so much for your help. God bless each one of you. Linda

Dear lindao1,
They both will be short and to the point. The medical Doctor will examine you for your cronic pain claim probably by examinatiion without any tests. The psychiatrist will ask you questions specifically from a form more then likely. The medical Doctors tend to give a reasonable diagnosis of what they find as far a physical problems. Unfortunately the psychiatrist will probably write that with propler psychiatric treatment you can be cured of this. This is really not fair since it is only one persons opinion and if they are so good at curing people they should be doing that instead of evaluating for SSD. It all seems like a waste of time but it is part of their process. You should have an SSD attorney lined up for the hearing process also. You do not have to pay an attorney anything prior to the hearing process but they will pull your file and be prepared to go to work asap if you do. Make sure you have one that specializes in these type of cases. I am sorry that you have to go through all of this but this is how the system works unfortunately. Good luck and don't give up.

Sincerely,

Sickman :)

Dear Sickman,

Thank you so much for taking the time to respond to my questions. You are such a dear for doing that! I'm glad to know that these two evals. won't be long, drawn-out processes. I just get so nervous and stressed out when SS tells me I have to see drs. THEY want me to see. I can't help but think that these drs. are looking out for SS's welfare and not mine. After all, my future's at stake here. I've already waited so long (three years); it didn't help that they lost my file either.

I do have an attorney but he never communicates with me. When I try and call his office, I always get his paralegal and am never able to speak with the attorney himself. And it never fails that the paralegal can't answer my questions. It's been so frustrating. This attorney, to his credit, was successful in securing a substantial W/C settlement for me, so I know he is well-qualified, but I can't understand why I'm not able to talk with him about this SS process. HE'S the one that suggested I apply for SS disability and he told me he would be happy to represent me and that I had a good case.

Anyway, Sickman, I really appreciate your help and concern. Sorry, I didn't mean to vent a little here! I apologize for that! I'm trying so hard not to give up but after three long years of waiting, it's not easy. Do take care dear and I wish you well. Thanks again! Linda :D

Dear Sickman,

Thank you so much for taking the time to respond to my questions. You are such a dear for doing that! I'm glad to know that these two evals. won't be long, drawn-out processes. I just get so nervous and stressed out when SS tells me I have to see drs. THEY want me to see. I can't help but think that these drs. are looking out for SS's welfare and not mine. After all, my future's at stake here. I've already waited so long (three years); it didn't help that they lost my file either.

I do have an attorney but he never communicates with me. When I try and call his office, I always get his paralegal and am never able to speak with the attorney himself. And it never fails that the paralegal can't answer my questions. It's been so frustrating. This attorney, to his credit, was successful in securing a substantial W/C settlement for me, so I know he is well-qualified, but I can't understand why I'm not able to talk with him about this SS process. HE'S the one that suggested I apply for SS disability and he told me he would be happy to represent me and that I had a good case.

Anyway, Sickman, I really appreciate your help and concern. Sorry, I didn't mean to vent a little here! I apologize for that! I'm trying so hard not to give up but after three long years of waiting, it's not easy. Do take care dear and I wish you well. Thanks again! Linda :D

Dear lindao1,
The lawyer can not really do anythig until it gets to the hearing. They are also regulated as to the percentage they can charge you for their services for the hearing. Just be content in one thing. You will be back paid for all but 6 months since the date you originally filed your claim. Good luck and have a nice day.

Sincerely,

Sickman :)

I am not sure where the idea that you will be paid for "all but 6 months since the date you originally filed your claim" but that is not necessarily true. For Title II benefits, If you are found to be disabled, you might be paid as far back as one year prior to the date of application. How far back it may go is dependent on when your disability onset date is set. The onset date will be decided by DDS or by the ALJ if you go to the hearing level. For Title XVI the benefits can only go back to the date of application as long as the onset date is established on or before the application date.

As far as the "6 months" go, for Title II benefits, there is a five full month waiting period from the disability onset date which is why benefits are possibly payable as far back as one year prior to application, as long as the claimant can establish an onset date of at least 17 full months prior to application.

I am not sure where the idea that you will be paid for "all but 6 months since the date you originally filed your claim" but that is not necessarily true. For Title II benefits, If you are found to be disabled, you might be paid as far back as one year prior to the date of application. How far back it may go is dependent on when your disability onset date is set. The onset date will be decided by DDS or by the ALJ if you go to the hearing level. For Title XVI the benefits can only go back to the date of application as long as the onset date is established on or before the application date.

As far as the "6 months" go, for Title II benefits, there is a five full month waiting period from the disability onset date which is why benefits are possibly payable as far back as one year prior to application, as long as the claimant can establish an onset date of at least 17 full months prior to application.

Dear Purplebill,
I was just refering to the waiting period that you don't get paid for in any event and letting the poster know that the wait is not all in vain. But this I am sure is a lot more helpful to the poster and more specific to the laws. Thank you for the assistance and posting the exact facts. Have a nice day

Sincerely,

Sickman :)

Generally from the time you apply to the time you are approved if you didn't get approval the first time, the 5 month period is over and you aren't waiting, they have already deducted it on initial payment.

As Bill indicated they can go back as far as a year. On mine they went back 4 months prior to filling out the application.

Dear Sickman, Purplebill and Kissa,

Many thanks to all of you for your generous advice. It truly means alot to me. I'm just getting into a dangerous mindset that will all of this be worth it in the end? I've never been one to give up on anything; however, this is trying my patience to the max and the added stress is just making my pain worse which I certainly could do without.

You three have proved so valuable to me in sharing your expertise and I'm so grateful to you. I guess the biggest stressor for me at the moment is after surviving the nightmare of a W/C case where I had to see the W/C drs., which was a joke, I feel this request by SS will be a repeat of that nightmare. How in the world can an apprx. one hour visit with a dr. that knows nothing about me make a decision about my future in that short of time as to what I've been thru for the last 4 years and what I have to cope with on a daily basis. I'm not talking about just the pain (which is excruciating) but also the limitations I now have with simple things. Things like I can't sit or walk or stand for more than a few minutes. I can't bend or stoop, I can't cook, clean, do laundry, take bathes (no bending, so I can only take a quick shower), or even wear clothes with zippers or buttons because I can't grasp objects, can't go shopping even if I had money to spend. My husband (God love him) now has to do all of this plus work a regular job. As far as the mental exam, my depression is a direct result of my chronic pain, limitations and the burdens I've had to place on my beloved husband. I don't come from a "dysfunctional" family, I haven't had any traumas in my life that I haven't been able to deal with so there is no "post traumatic stress disorder" (thank God), nor am I bi-polar (thank God) nor do I experience any other psychiatric disorder du jour. So again, how can a few minutes with an SS psychiatrist or psychologist determine anything other than depression due to chronic pain and the resultant limitations? My pain management dr. is the one who rx'd an antidepressant to me because he understood the reason why the depression came about. No amount of antidepressants or therapy will give me relief from the pain or bring back my ability to not only do the "normal" everyday chores, but it also will not bring back the joy I use to have in doing pleasurable activities like avid gardening, volunteering, playing my guitar or even reading a book because I can't turn the darn pages with these worthless hands. What possible good can these evals bring to me? What benefit will they provide in allowing me to receive SSD benefits? Any dr. who can't understand my situation fully can only be against me. And I don't see where a short time with drs who are strangers can possibly understand my problems completely.

There I go again, rambling and venting to such nice folks, so again I apologize. I guess since I'm losing even more sleep than normal worrying about these exams, it's exaggerating my problems even more. And I know that's not a good thing, it's just that I can't help by worry and stress about the outcome of these evaluations.

Sickman, you seem like such a caring and compassionate person. I hope that same caring and compassion returns to you a hundred-fold each and every day of your life. You deserve it so much and I'm sure it will happen if it hasn't already.

Purplebill, I am in awe of your expertise in the disability process and I'm so grateful for your willingness to share that with me and the others going thru this same thing. I always look forward to reading your replies as it's a wealth of knowledge to all of us. There are so many experts that are reluctant to share that expertise with others, and I'm so thankful you are not one of them.

Kissa, you are also such a dear for sharing what you've experienced with me. It brings joy to my heart and hope to my future in knowing that you successfully survived the SSD ordeal. I know you deserved it. And I'm grateful to you also for your wilingness to share the info.

I'm sorry this post has turned into a "War and Peace" novel LOL! I didn't mean for it to be so long and probably really boring. Thanks for your patience and understanding. If any of you can think of anything else that might assist me I will be extremely grateful, but please understand that you've already given me much needed support. God bless you. With much love and sincere appreciation, your frightened friend, Linda :D

PS. I think I'll sign off and go have a ridiculous, worthless crying and pity party. :rolleyes: I don't do that often but it feels like a good thing to do at the moment! Please take care of yourselves!

When I first applied a few years back I had to see their Doctor and Psy. Just remember these Doctors work for SSA. Med Doc will do test such as having you touch your toes and stuff. How they form an opinion Ill never know. The Psy. Doc will ask questions. Since I worked as a Criminal Investigator I was amazed and embarrassed when I met my Psy Doc. we had worked cases together in the past. Good Luck and God Bless You I know what it is to be in constant pain. Have you been diag with fibromyalgia?

Dear lindao1,
They both will be short and to the point. The psychiatrist will ask you questions specifically from a form more then likely. Not to be rude or anything, but sickman...the "more than likely" remark at the end of that sentence kinda gave it away...to me anyway, that you are unfamiliar with this type of appointment. I too have filed for SSDI for my back and I also recieved a notice that they are sending me for a full psych eval. This was to say the least quite a surprise, I didn't understand why they needed this type of testing when I am filing for a physical disability, they told me that it was SOP. I guess if I want the best chance of an approval, I need to go. The doctor who I will be seeing told me that the exam will take about three hours. This does not seem to me to be short and to the point. I wish that it was believe me, however, there may be variables, so it could be different for different folks. Good Luck lindao1, my appointment is next Wednesday, August 18th, if you want I can post a synopsis.

Carl

Thanks everyone!

Carl, my psych appt is on the very same day as yours, 8/18. I'm really worried about it but I'm more worried about the physical exam. Do you have to have a physical exam too? I would appreciate any advice you could offer but I don't know if our appts. will coincide with each other. My psych appt is for 10:45 am. No one has told me how long it will last. Geez, 3 hours is ridiculous! What time is your appt? If your's is later, I can let you know how mine went if I get home before your due to be there.

Trish, thanks to you also for your information. What happens if I can't touch my toes, cause I can't? Even if I try, it causes excruciating pain. And yes, I do have fibromyalgia. Both my GP and Pain Management dr. have treated me for it. Does that help my case or hurt it? What other physical tests do they make you do? I guess it's all gonna hurt pretty bad, eh?

Anyway, thanks to both of you for your willingness to share your experience with me. Please take care and know that I'm grateful for your help. Carl, let me know when your appt time is and I'll do my best to post what mine was like if I get home in time.

Linda

I went thru all the lost file stuff for about 2 1/2 years. I wrote a letter to my congressman, and a man from SS came to my house to pick up all the files, stating, there is a congressional inquiry. Within a month or so, I got approved and paid.

Aloha Linda, :wave:

Wow...what a coincidence huh? I do not know what time zone you're in...but now that I think about it it really doesn't make a difference on my end because I have to leave my house by 7:00 am Hawaiian time to be at my 9:00 appointment, so it sounds as though we'll probably be in there about the same time. I wish you the best of luck, don't be nervous, there is nothing you can do about it, it is something we have to do if we want a chance to be covered, so it's really out of our hands. Worrying yourself sick about it won't help matters, but I know what you mean, the fear of the unknown, but, God does not close the door without opening a window or two, just have a positive attitude, be truthful and God will take care of the rest.

I am not sure if they are going to send me for any physical exams yet, my letter from SS left the door open for more tests though. I've already had surgery and they have all of my medical records so I guess I'll just have to wait and see. I haven't got an attorney yet, as they haven't made a decision one way or another. What a bureaucratic nightmare.

Again, Good Luck and God Bless. :angel:

Carl

Linda and Carl,

I didnt have to go for the physical exam part, but I did have to go for the pysch part to their doctor. It was mind blowing to say the least, I thought it would be another doctor asking about my condition, etc. I already had filed with my general doctor and specialist records.

When the exam began, I was asked the oddest questions, example to remember a word and recall it during our conversation later, he did that a couple of times during the visit, I also had to state the colors of the flag, count backwards by 7 starting at 99. I had to name the Presidents from current till as far back as I could remember. Things of that nature.

I asked at the end politely, "Excuse me, but can you tell me what that had to do with my condition?" He replied it was just standard procedure test that they do. I walked away certain in my mind to receive my denial, as I knew the colors, I did the subtraction fine, I got back to the 1960's around the time I was born with the Presidents,etc. I was kinda taken aback thinking, Im a college graduate, so sure I knew these answers, but how in the world do they base these mental tasks on decision for your condition?

Anyway, I was approved on my first inital application, and the last part I do believe was seeing their doctor. Took a few weeks after seeing them, that I was notified or sent a letter about a decision was going to be mailed.

Just my experience, please let us know how it went when you go this week, Im curious if others have the same type testing in the pysch area aspect as I did.

Carl, Angelpainter and Crabbyroad!

Thank You so much!

Carl, that's unbelievable that we're going to the pysch appt at the same time. WOW! And you live in the one place on earth I've always wanted to live - Hawaii! My husband was stationed there many years ago in the Navy (before me) and he loved it. He keeps talking about "rock fever" though, but I don't think I could ever have that problem! He promises me we'll go one day and he said he'll have to drag me, kicking and screaming, cause I won't want to leave and he's right LOL! It would be so nice to live where the weather is warm and beautiful all the time. Of course, you have to deal with hurricanes like we do here in Florida. Been a kinda crazy week here! Anyway, Aloha to you, my friend, and I wish you much luck with your appt! Please let me know how yours went. We can compare "war stories". And yes, God will be with us both without fail.

Crabbyroad, you aren't kidding! What weird questions to ask at a psych appt. Geez, are they testing our IQ or what LOL! Now I'm kinda worried about mine because I have a really hard time remembering things and concentrating on things. Alot of it I guess is the medication and then too, the "fog" that comes with fibromyalgia. Do you think that will hurt me if I can't remember or concentrate well? Just my luck, I'll flunk a dumb psych test LOL! All I can do is my best. I really thought this pysch test was about my depression caused by chronic pain. This doesn't seem to be the case at all. Weird!

Angelpainter, it's nice to know I wasn't the only one where SS lost a file. I find it so hard to believe that can actually happen but we're living proof of it. I was thinking about contacting my congressman also but around that same time is when they got the ball rolling again. Thank goodness!

Again thanks so much and I'll let everyone know how both exams went. I go for the psych exam on Wed, 8/18 and the physical exam on Thur., 8/19. Not a great week to look forward to but my faith we'll get me thru it, I know. God bless you all. Your pal, Linda :D

Hafa Adia' Linda,

By the sounds of it, seems like they just want to update the lost files. Probably to see if you're the same Linda or if you've changed.

O.K., I live about 12 hours by jet from Carl. I'm in between Hawaii and the Phillipean Islands (on Guam, U.S. Territory in the Pacific). The weather pretty much stays the same (70-80 degrees) year round. We only have two seasons... Wet and Dry. Originally, I'm from Indiana, so in a way I do miss some snow after 24 years. Christmas is not the same without it. Sure does help to get out in the crystal-blue to ease the pain. Sorta like a giant bath of Epson salts. I just wish I could dive like I used to.

Good luck Wed.!
Ed

Hi Linda,
Just reading your post, were you on w/c? I am now for 2 years and still have not settled, but it looks like my nerve damage is permenant, and am curious if you can not work any more and if you settled with w/c, did you wait till you settled before you applied for ss, or where you still on w/c and filed while you where still recieving w/c. Because, I applied for ss, and I got a denial, they said I was making too much money. I do recieve my check from work,75% of my pay, but once they settle I am worried about future medical care. No insurance company will touch me with all my problems. Is you can help to direct me as to what to do please respond.
Thank You
cookie

Hi Cookie!

Sorry, I didn't see your post before now. Yes I was on W/C and haven't worked since the injury. I went thru their nightmare for about 2 years too. I settled with W/C before applying for SS at the advice of my attorney. If you don't have an attorney, I would suggest you get one. He helped alot with the W/C case!

During the two years of their nightmare, they put me thru hell. They lied to me, TRIED to deceive me, had me go for these awful tests and therapy which increased my pain to the point I said "No More (!), had survellience on me (which was so obvious it was ridiculous!). We when first agreed to settle, we met for a mediation hearing. Their offer was ridiculously low so I didn't settle. The second mediation went on for five hours with them slowly increasing the amount they would pay. My attorney said I didn't have to settle at all that I could go to trial and probably win. By then I was so tired and disgusted with W/C that at the end of that second mediation, I agreed to a settlement amount. I will admit that my settlement was rather large compared to others I've heard about. There are times I wish I had gone to trial cause if I won I would probably have gotten double the amt. I did. But like I said I just wanted W/C out of my life! With me agreeing to the settlement amt., that included future medical care but really, it wasn't enough to pay for medical care for the rest of my life. It did help tremendously as I couldn't work and our only income was my husband's.

I would hope you will get an attorney if you haven't already. He made all the difference to me in my case. Can't say the same with this SS mess, though. I wish you the best of luck, don't give up and verify everything that w/c tells you because I caught them in a lie twice! And please get an attorney. Hope this helps, Cookie! Best wishes, Linda :D

Hi Ed,

Thanks for the note and the good luck wishes! You are probably right about them wanting more updated info. I'm just so frustrated with this whole SS deal.

Boy, it sounds like you live in paradise too! I'm so jealous of you and Carl! Hee! I think the Pacific is the most beautiful place on earth! Just the water looks like an expensive "jewel"! I live in Florida but unfortunately I'm in North Florida. Our ocean here is yeechy compared to around the Florida Keys. I always say I'm still too far north ha! It actually gets really cold here. I know, I know not like Indiana cold, but believe it or not, it has snowed here twice in the 45 years I've lived here! That was exciting! Of course no one here knew a darn thing about driving on ice and snow so boy, did we have some accidents! I guess to the rest of the world, we looked like a bunch of stooges! They even had to bring in salt from Georgia! We just weren't prepared for that. It happened over the Christmas Holidays which was really cool. Though the snow was really neat, I'm just not a cold weather kinda person. Cold and rain sure makes my pain really bad! I'll take the warm sun anyday and everyday! And if I could live on the Pacific coast, I would consider it heaven on earth!

Anyway, thanks again Ed for your good luck wishes! I'm trying t keep my chin up but I'm still nervous about the exams, especially the physical exam. I know it's gonna make me hurt worst - ugh! Take care, friend! Linda :D

Hi Linda,
Thank you for your reply, my daughter took me today for a massage, it was a treat for me from her, I think she thought it would make me feel better. Oh my , I said never again, first I did not find one minute of relaxation, only pain, the girl that was massaging me said she never seen any with such tense muscles. I told her I have fibromyagia, on top of my other problems, and she said I should have massages every 3 weeks for fibro. I dont think so, not even 3 years, I was in such pain I said never again. My daughter laughed so hard when she seen me, she could tell it did not go well. At least we got a good laugh about it. Back to my favorite subject,w/c. Did they go to all your dr. visits? They do me. I will be glad when this is all over, it is a nightmare, they watch everything you do, and then they ask questions about things that happened 2 years ago, God I cant remember yesterday. Good for you not taking their first offer, did your job want you to come back to work? Me I am like a old lady with all thats going on, I hope you are doing better.
thanks again
cookie

Hi Cookie!

You poor thing - going for what you thought was a relaxing massage and end up hurting worse. Geez, I always thought that a massage would be so soothing and help my pain, but after your experience I'm seriously doubting any benefits from it! Glad you and your daughter were able to get a laugh out of the deal. I hope you feel better, too. I have fibro also along with my messed up neck and back.

The W/C dr. didn't go with me to my appts, thank goodness. That would drive me insane! I feel that's an invasion of privacy myself! How do you cope with their intrusion like that? You must have alot more patience than me! I didn't go back to work after the injury cause #1 I was not able to work, and #2 they fired me after the accident. Yep, you heard me. That was the first thing I asked my attorney, "can they do that" and he said yes but don't worry about it. I couldn't believe it! Still don't. But it really doesn't matter now anyway cause I can't work period.

I understand completely about your frustrations with W/C. Try not to let them get to you. I know it's hard. As I said before they will lie and try to trick you and if you can't remember something, then tell them you can't and forget it. And if they want you to go to some kind of physical therapy, go BUT if it makes you hurt worse, leave and tell them why you left. There's really nothing they can do about it. They did that to me and I tried the therapy for about 30 minutes, all the while hurting like heck, then I got real dizzy and my heart started racing. They took my blood pressure and it was 170/102 (Mine normally runs around 120/80. I told them I just have to get home and they were like, "well can you drive" and I told them I would get as close to home as I could as that would at least be away from them people". They never bothered me again about therapy or tests or stuff like that!

Hang in there Cookie. Do the best you can with what they ask of you. It's better to at least attempt what they what you to do, than just outright refuse it. That way they know you tried and can't argue with that. Take care dear, Linda :D

Aloha Carl!

Well, I survived my psych appt. Yeah! It sure was weird like Trish said. It was like nothing pertaining to "depression" just more like concentrating and remembering things. I can't say I did too well with the remembering part. I hope that won't hurt my case.

She asked what the date was, where I was born, who the President is, if I came from an abusive family life (no!), asked some questions about my physical problems, what meds I'm on, asked me to spell the word "world" and then to spell it backwards, asked me to remember an address she gave me and then later asked me to tell her what the address was, and how my appetite (?) was. :rolleyes: Really some strange questions. It only lasted about 30 minutes, thank goodness. It seemed longer though LOL!

Now if I can get thru the physical exam tommorrow! My hubbie's going with me, thank goodness. I really dread it as I know it's gonna make my pain a whole lot worse.

Carl, hope you got thru your appt fine. Let me hear how it went when you get a chance, OK? Take care, my friend Linda :D

Hi Linda,
How are you doing? I am shocked that w/c did not send their nurses to your dr. appt., mine go every time, then they want a note to say I cannot work. This has been going on 2 years, they are driving me crazy. I just had my last therapy today, so now I will make and appt; with my dr. The theripist said she has not seen any change in my foot drop, I have been to therapy so many times,I dont know what they think will happen, but to me its a waste of time. When I go to my dr. I am telling him I am not going to any more therapy, and their will be no surgerys, and I am not going back to work. If I let them, they will be cutting me up again and I dont think I will ever have any surgery again.(God Willing) I will let you know what happens.
Have a great night
cookie

Hi Cookie,

Man, I just can't believe the nurses go to your appts. with you. What a bunch of tyrants! I am so thankful that I didn't have to go thru that and I wish you didn't.

How much therapy do they want you to go thru? If the therapist isn't seeing any improvement then what's the point? And if I were you, I would stand up for myself and say "no more therapy", "no surgery", "no nothing". You have that right believe it or not but they'll try to make you think you have to do any and all they request. You can refuse anything. Just like I said before, though, it helps if you at least try to do what they want and it sounds like you have. As far as surgery, no one in this world could make me have surgery if I don't feel it's the right thing to do. It's your body and your future that's at stake. They want you to believe you have no rights as an injured worker and it's not true. You do!

It sounds like it's time now for you to stand up for yourself. Put your foot down. They will push you til you either give up on your case or you say"enough! I wish you well, Cookie. Please don't give up. I know it's hard not to want to. Their whole purpose in life is to make you so miserable that you will say forget it. Don't let them do that to you. I've never said this publicly and I'm hesitant now to say it as everybody's case is different, but just to maybe help you feel better after all the w/c nightmare, my award settlement was $100,000. That's a large settlement as far as worker's comp goes. After attorney fees, I received a check for $87,000 and there's no income tax taken out of it. My attorney though thought that if we went to trial I would have received probably $200,000 but there's a slight risk with that in that the judge can just say no if he's an idiot. And my attorney said there's alot of idiot judges out there! I didn't want to take that chance so I settled for the $100,000. Understand though that my situation is I've not been able to work since the accident.

Hang in there Cookie!If you don't have an attorney, please get one! They can help alot and tell you what to do and what not to do. If I can help you anymore just give me a holler, OK?
Good luck friend, Linda :D

Hi Linda
Sorry to jump in on your thread. I'm curious about something. You said there's no income tax taken out of WC. You don't even have to pay at the end of the year? I went to my pre-hearing Wednesday and my lawyer said the other side has changed insurance companies and things are looking up and should go quicker. He also told me he's sending me to a psychiatrist now because the last doctor he sent me to said I have psychological problems based on this multiple choice test he gave me. My pain management doctor suggested I see a psychiatrist too. Of course the one for workman's comp will be a one time thing (hopefully).

How did your physical exam go the other day? I haven't seen you post anything about it and I was wondering if it was as rough as you expected. I hope you get good news real soon!
Hugs,
Kayley

Kayley! My Dear, Dear Friend!

I didn't realize yours was a w/c case!? Aren't you also filing for SS disability or have you already been approved for it? Or have I totally lost my sanity LOL! I apologize but I've just been so stressed out and my pain is going thru the roof, so I can't seem to remember things to well lately. It's like I'm in some kind of weird "fog". I know that can be a symptom of fibro so in a way it makes sense but anyway, I'm so sorry if I've gotten confused my friend!

To answer your quick question, no, there is NO income tax taken out and you don't have to pay anything at the end of the year either. I know when I heard that I couldn't believe it. I still worried about it but when the check came, all that was deducted was the attorney's fee. And to be sure, I went to H & R Block where we have our taxes done, and they reassured me that it is not considered taxable income. And sure enough, we didn't have any problems with the IRS. Thank goodness for that good news anyway, eh?

My SS physical exam was GRUELING to say the least. It was actually even worse than I thought it would be but the dr. was rather nice. I was there for 3 hours! This dr. did just about a complete physical including checking my ears, lungs, heart, etc. What the heck do my ears have to do with my SS disability problems? LOL! He made me try all kinds of movements but I will say he was kind, in that if what he did or made me do hurt, he would say "OK, we'll stop. He really didn't want to make my pain worse which really surprised me. He asked me tons of questions and kept repeating alot of things, which I guess means he was checking to see if I was consistent. He even saw where I started looking a bit distressed and he said "I think you need to take a few minutes for a break". He did that twice for me which was nice. I can't sit too long at one time or else my pain goes thru the roof (which it's been doing anyway, darn it!). When I left there it was just in time to take my oxy so that's what I did and then had to lie down. I was exhausted! Thank goodness my hubbie went with me cause I think I would have been too exhausted to drive home by myself. I'm so glad it's over with but I have no idea if he will give me a good determination of disability. This SS mess just keeps me in a state of stress and worry. It's not something my pain needs that's for sure!

Not to bore you further (LOL!) but I went for my PM appt. today (regular monthly visit). I've been having some additional pain in my back and hip and now the pain's going down both legs instead of just the right one. :bouncing: My dr. wants me to have the Radiofrequency Ablation done again. The last time I had one, I lost the use of my legs for the entire remaining part of that day. That was frightening! He thinks with the new pain that the RF will ease it some as it did help a little the first time. I dread it though. But if it will put a dent in this pain, I'll go for it.

I wish you well with your psych visits. I'm happy you've decided to go that route. It's something I need to do as well but keep putting it off as you know. I wouldn't worry about the psych deal with W/C. They're just putting you thru the usual grief which is what they do best LOL! Don't let them get you down. You are strong in spirit and that's the most important thing to have to survive the W/C ordeal!

Kayley, I'm sorry I haven't been around much lately. But now you know why. It's been a real trying week. But I have survived - yippee! If there is anything I can help you with about your w/c case, just let me know. That's another nightmare - just like SS. Please help this confused soul and tell me if you are or have applied/received SS disability? And how long has your W/C case been going on? I can't remember for the life of me - sorry! Take care my friend and let me know if I can help you in any way.

Much love, Linda :D

Thanks for the information, Linda! I'm sorry you had to go through the ordeal at the doctors. I've been there and done that for work comp. twice already and they really jerked me around and pushed down hard on my head. Ouch!!! I've been going through the work comp. ordeal for two years now and haven't gotten a penny yet. My lawyer told me it's the most complicated case he has ever seen and I have the thickest file he's ever had. That figures!LOL

I was one of the lucky few who got my Social Security on the first try, within just a few months of filing. The really weird thing was that I didn't even know I was approved. I got my monthly bank statement and my balance was much higher than it should have been, and I looked at it and saw a deposit from Social Security for my backpay. I would have jumped for joy if I could have.LOL My husband had to calm me down because he was afraid I was going to try to jump and hurt myself. :bouncing: Don't worry about not remembering. I can't remember what I had for dinner yesterday. Oh yeah, a peanut butter sandwich :D

Thank you for being here for me through this and I am here for you if you have any questions about SSD, not that I'm an expert. I can't wait to hear about your approval and hope it is very soon!
Love and Hugs,
Kayley

Happy Saturday Kayley! :wave:

I kinda thought you had already received the SS disability but wasn't sure. Glad that part's over for you! Yeah! WOW! I would be whooping and hollering too if I checked my bank balance and found that kind of surprise! I hope and pray it'll happen for me but I'm really afraid I won't be approved this time and will have to go thru the judge junk (argh!) too. :bouncing:

I'm also glad to hear you have an attorney for the w/c case. They are a must when dealing with those idiots! Are you in the process of trying to reach a settlement? Or where exactly is your case? I hate how they try to deceive you and lie to you and make you think you don't have any rights as an injured worker. But you do! And if you get to the point of mediation don't settle for their first offer cause it will be a joke. No matter how financially desperate or feed up you are with them, hold off for as long as you can. I still can't believe they had me under survellience. It was so obvious! They'd never get a job as a private investigator that's for sure! Hee! I'll never forget, it was a gold van with tinted windows and they parked right across the street from my house. Stayed there all day. And this happened on many occasions. I wanted so bad to go up to the window and stick my tongue out at them but I restrained myself LOL! :D

One thing that has me concerned with SS is that they apparently consider any w/c award and that affects your back pay and I guess, monthly payments. This is what I've heard anyway. I think it's so unfair cause what the heck does w/c have to do with SS? I can't figure that one out. Has your attorney mentioned anything about this to you? I wish I knew for sure what will happen if I get approved after receiving the w/c/ settlement. It's like they'll do anything they can to keep from giving you what you've worked your entire life to earn. Cheapskates! Grrrrr!

Hang in there Kayley and please let me know if I can help you in any way, OK? We're getting a storm here so gotta get off the 'puter for now. I'll talk with ya later, dear! Much love, Linda :D

I went thru all the lost file stuff for about 2 1/2 years. I wrote a letter to my congressman, and a man from SS came to my house to pick up all the files, stating, there is a congressional inquiry. Within a month or so, I got approved and paid.
anglepainter: Really, get a congressman? I am going through the "lost file" thing too. They swore that they "never" lose a file. Mine was lost before it went to the determination office. Now I have an appt. with one of their Doctors. I looked him up, he's an orthopedic doc, of which I have never seen. I have Fibro and back and neck problems, along with a dignosis of depression. I was thinking about writing my congressman about all this. Should I do it now, in the middle of the application?

Thanks for any advice.
tk

Hi everyone, Excuse me if I "jumped in" at the wrong place. I just had to post somewhere as I seem to be a veteran of the SS Disability application. I have been trying for three years and am now told it could be as late as next June before my appeal is heard by the court. While waiting...I have had a mild heartattack and two mini-strokes. Now in addition to my "list of medical problems" they will have to add SHORT TERM MEMORY LOSS and PARALIZES". In addition to the normal problems that come about during the "aging process", I was born with Spercytosis. I am being scheduled with a hemotoglist because they believe that I now may have Lukemia. HOWEVER, the social security disability people still are NOT sure that I should qualify! Just had to vent. Feel I might just have found the right place....here with all of you. :) Is there anything else I might beable to do other than DIE to prove that I need to draw my social security a few years early. FYI...I am 58 years old now...may be of legal age by the time a decesion is made :D :yawn: Thanks for listening. And good luck to those of you that are "fight the battle" like me!!! ;)

Hi Linda!
SS actually called me a couple of weeks ago and asked if I had received any workmans comp yet and I told them no, it is still pending. I called my lawyer right after that happened and asked how work comp would affect my SS. He told me what he had already told me before but I wanted re-assurance. My SS lawyer advised my comp lawyer to make sure that when I get my settlement that they set it up so that it is a "lifetime settlement". For example, if it weren't a lifetime settlement, and I was to return to work in say, 6 months, the pay would be figured for that period of time. And if you figure it for a lifetime, it doesn't divide up to that much money. I hope I'm making sense.LOL So, according to my lawyer, my comp settlement will not affect my SS payments. As for where we are now, last Wednesday was my pre-hearing and my lawyer said the next stage will probably be mediation. I will remember your excellent advice and be careful not to settle too low. I would be thrilled to get the amount you got, although I'm sure not counting my chickens.LOL He has not given me a ballpark amount so I have no idea.

Today I got something from SS in the mail called "Ticket to work". It means you can work and still collect SS. If I could work I wouldn't be on SS! But there's really no work you can do when you can't talk on the phone or type or stand or do anything too long.

I don't know if they have me under surveillence or not, but if so, they are not seeing much.LOL I hardly leave my house and if I do, I'm right back within an hour. That is pretty comical how they watched you. I would be tempted to stick my tonge out too.

I hope your storm wasn't too bad. I always turn my computer off during storms too. I hope you don't have to go to the judge but if you do, I don't see how you can lose. Keep checking those bank statements!
Hugs,
Kayley

Hi Grif, Hi Kayley!

Grif, I so understand your frustration with this SS ordeal. I've been so stressed out about it that I'm afraid I'm gonna make myself even sicker than I already am. It does seem like SS want you to be on your deathbed in order to receive benefits. It's so unfair! Just know that we're all here in the same boat and anytime you want to vent, do so! It helps sometimes, I know! It's been three years for me too since my initial filing. I'm one of the ones where SS lost my file. Go figure!

Kayley, thanks for the wealth of info! It's bizarre how SS and W/C try to make our lives as miserable as possible. We worked all those years and paid into SS and now when we need them desperately, the first thing they want to do is say, "no"! Where is the justice! SS is just like w/c - they want you to give up so they can close your file and get rid of you! I'm seriously tired from it all. I made it thru the W/C mess and now having to go thru the same thing with SS is draining me. And I really don't have much hope that I'll get approved this time. I dread having to go to the judge next. How can he be fair when he works for SS? It's really a joke! I've never heard of a "ticket to work" from SS? That's a new one on me. I hate being so ignorant of the SS process but it's not like they WANT you to know anything. Being kept in the dark all the time is what they enjoy apparently and it's so stressful!

Pain's been really bad and the storm yesterday (and today - ugh!) have made it worse as usual. I'm waiting for approval from insurance co. to schedule the radiofrequency ablation on my back. It helped a little three years ago when I had it so I hope it will help this time too.

Gotta run again. Another darn storm! Hey, what fun the "sunshine" state is, eh? I want to move to Hawaii - wanna come? Take care, Linda :D

Hi All,
Just reading all the post and I am in the same boat. I am on wc right now and applied for ss and was refused because the said between me and my husband we make to much money. I applied because I will not be able to go back to work because of my nerve damage and they want to do a spinal cord implant and I said no more surgerys, I will live like I am now, I am too afraid after ankle surgery and had blood clot in my lung as a result,so if in the future I cant handle it, I would still have an option. My visits to the dr. always has a w/c nurse, it is driving me crazy, they still get a note from the dr. that says I cant work, but they are always there. I dont know if they are watching me, but if thats what they get paid for they are not going to see to much, I think it is crazy, if they are with you at the dr. and see all your test results and records, what do they think they will see when I am at home. When you think about it, maybe they should come in our homes and see the pain and meds. we take just to make thru the day. I think alot of that has to do with people lying. I too had leg pain in my right leg, even thou my disk was l4-l5, until this day I still have pain in my left and right leg and hips.I have read about many people having pain on the opposite side also.
Well I go wednesday t dr. and see what he says.
Hope all is well
cookie

Gotta run again. Another darn storm! Hey, what fun the "sunshine" state is, eh? I want to move to Hawaii - wanna come? Take care, Linda :D
Aloha Linda,

I'll let you come only if you promise not to bring any hurricanes with you. Holy Moly, you guys are really getting socked and or soaked! I hope that you weathered the storms unscathed and I also hope that Ivan the terrible spares you folks…enough already!

I apologize for not posting earlier, I’ve been kind of down in the dumps as of late, and well…I won’t continue with any more excuses.

I just finished reading all of the posts, so I am up to date. August 23 was the last post so I hope all is well with you. This was well before Francis hit, so once again, I hope you and yours are doing fine.

I really do not want to rehash any thing that has already been said, but I just wanted to let you know that my phsyc appointment went OK, and yes it sounds as though we had similar experiences. Lots of memory tests. My exam took about two and a half hours. I did terrible with the verbal memory tests but I believe that I did fair with the visual ones.

I decided to stop taking my Avinza cold turkey the Sunday before my appointment, so I am sure this tilted the results as I was still battling some fairly significant withdrawal symptoms.

I was afraid that I was going to be late for my appointment as it was on the other side of the island and I was going to take the bus. My appointment was for 9:00 am, so that meant I would have to be at the bus stop at about 6:00 am. :eek: I am not a morning person! I called the SS examiner and explained my situation and she told me that she would mail me vouchers for a round trip taxi ride. That put a smile on my face. However, it wasn’t until I made it back home from my appointment when I suddenly felt guilty (a little) about taking a taxi. The darned round trip cost the taxpayers (me included) $90! All's I wanted when I called SS was for them to change my appointment to the afternoon and if that meant a later date so be it. Oh well, water under the bridge I guess.

I am so sorry to hear that you had a hard time with your SS physical. At least your doctor was pleasant and understanding.

If you don’t mind me being so bold as to ask you this question, what did your industrial accident cause (diagnosis)? I agree, your settlement amount does sound out of the ordinary (W/C is definitely not ordinary). I have also read a lot of negative things about the W/C sytem in Florida, from what I have read it is one of the worst states as far as the employee is concerned.

I am still probably about 2 or 3 months from being released full duty (whatever that means), and a settlement will probably follow soon thereafter. I will more than likely retain an attorney at that time. I have been very, very fortunate not to need one so far.

VR may be sending me to school and this may be for 18 months, I don’t know yet. I was recently released by my doctor for 4 hours of sedentary duty and while I was at my VR counselors office last Wednesday he called my employer (former now) to relay this information and they told him that my position was eliminated and that they were “cutting back to the bone” and did not want me to come back, even though they have placed ads in the Sunday classifieds for the past month and a half trying to fill my position (I guess those bones still have a lot of meat left on em ;) ).

I just thought I would stop by and wish you well (and got a little carried away…sorry for the length guys, I am practicing for when I write the next great American novel…”My W/C story…the unedited version) :D .

Carl