Injured my back while on the job - Doctor said 3 buldges in lower spine and torn left shoulder rotator cuff. I hired a W.C. Attorney. Went on Disability 3/2/06 via SSI via a W.C. Doctor. Visited SSI doctor as requested by the State of CA in May/06. The supposed Doctor just measured my legs/arms and circumference of thighs/arms. Had me stand and move and that was it. They came back with a determination that I was able to go back to work and denied my claim. I appealed and did not know what to do. My Lawyer sent me the medical documentation to take with me to the Appeal... I thought Lawyers were suppose to attend these things with their client as I am/was not knowledgeable about these matters. During my appeal, the SSI Judge (?) If that is what she was?? Said they acknowledge the torn rotator cuff, it was the back that they wanted to know about. I gave her the medical file and she refused to look at it.. She said, "the state doesn't go by 'other' medical records/documents, the State had their own. I thought I had lost it totally, but I won the appeal. However, W.C. said they would take over my benefits, so I mailed the back payment check I received from SSI Disability to the state with full documentation and told them my then circumstances of W.C. taking over. I received a letter stating my claim had been 'Denied'... Confusing as that terminology just didn't fit??
I've been getting my benefit from W.C. Meanwhile, W.C. wanted me to see another examining Doctor (8/1/06). He also took thorough X-rays, MRI, EMG's. He also stated that I have two bone spurs - L4, L5.
My Lawyer said that the Doctor I saw 8/1 stated I was a condidate for Rotator Cuff surgery on my left shoulder, which would be an option for me if I chose to do so. (In 1996, I had Rotator cuff surgery to my right shoulder.. It was a severe tear. I opted for this surgery as I could barely move my right arm and it was necessary, so therefore proceeded. It was an excrutiating experience and very difficult as I live alone and had no help.) I don't every want to go through that again!
In addition, my Lawyer said the Doctor believed I would benefit with injections into my spine. I objected to both. I stated that I am taking care of my shoulder, exercises, etc. and being extremely careful not to injure it further. If it gets bad enough, I will then opt for the surgery. As far as injections... Absolutely, NO.. This is only a temporary treatment and other injections would be required for temporary relief. These injections can also result in potentially serious side effects or cause other risks. I didn't want that STUFF in my body.
My Lawyer stated that they would be contacting the claims representative to arrange for a re evaluation with the second Doctor (the one that wanted to do these things). Upon, receipt of his final report we can initiate settlement negotiations and set the case for hearing. He also stated, "since you have been disabled for more than 1 year. (Note, I was put on Disability on 3/2/06), it has not been quite 1 year).. he recommends that I file for Social Security Disability Insurance in which a decision takes about 60 days.. I may include all medical and psychological conditions.
I have only one set of records which by now are outdated. I have not received any records from the Psychiatrist I also saw because of severe depression.
Sorry, this is so long.. I tried to edit it as much as possible.
Does this seem right? Shouldn't my Lawyer attend these SSI appeals, etc. with me and help produce the required information?
What do you think...
I'm so lost here... I cry all the time.