Disability Permanency rating...

Discussion in 'Fibromyalgia Main Forum' started by Lanie, Jun 11, 2003.

  1. Lanie

    Lanie New Member

    Hi all,
    I have a question regarding a disability permanency rating. My lawyer wants me to go back to my old orthopedic doctor to get a permanency rating. I haven't seen him in over a year. I was wondering if I can just go to my rheumy or is the ortho better at giving ratings??

    I called my rheumy just to see if they would give me a rating and the secretary told me the doctor told her he would give me a 10% rating. I know nothing about these things but that seems like nothing to me.

    I have post traumatic Fibromyalgia and reversal of the cervical spine due to my car accident 3 years ago.

    So what do you think? Should I go to the ortho? Both? What is a 10% rating in the big scheme of things? Does it seem accurate considering my level of pain and suffering? I cannot wait to go back to the rheumy to discuss all this and more, but my appt isn't till July.
    Thanks,
    Lanie
    [This Message was Edited on 06/12/2003]
  2. Lanie

    Lanie New Member

    For a reply..
    Thanks,
    Lanie
  3. JannyW

    JannyW New Member

    Hi Lanie,
    I don't really understand what you're referring to by a "permanency rating" ... is this for private disability insurance? My feeling is, if the orthopedist is the doctor who put you out on disability, he should be the one to give you the rating. I imagine this would involve having a physical exam; be sure to tell him all of your symptoms and how you would rate your pain/discomfort.

    Hope this is helpful.

    Jan ^v^
  4. Lanie

    Lanie New Member

    No, it is not for disability it is for my accident lawsuit. I haven't seen the ortho in ages, he was no help to me. I have been seeing my rheumy for the injuries for awhile.

    Do you know anything about ratings at all? It is a permanent injury rating like loss of use.
    Thanks so much, I am going crazy here trying to understand what all of it means.
    Best wishes,
    Lanie
  5. dd

    dd New Member

    Hi Lanie - My husband was in a car accident a few years back and we sued for damages that he received in his lower back. His rating was a 10 also...the highest is 100 % which would be someone that is paralyzed from the neck down. Even losing a limb like an arm or leg is only at 25%. It's really hard to get a doctor to give anything higher than 15% to 20% unless you are in a wheelchair...at least that is what our lawyer told my husband...and he was/is in a lot of pain...but still able to function. We did win the suit though if that is any comfort.

    Good Luck,

    Debbie
  6. JannyW

    JannyW New Member

    Lanie,
    Thanks for the clarification ... sorry, but I'm not really familiar with that rating system. Good luck with your suit ... will keep you in prayer.

    Jan ^v^
  7. AnnetClo

    AnnetClo New Member

    I just completed a workman's comp claim after I fell at work. I'm not sure about other states, but in NC the doctor who treats you has to be the one who rates you. In NC, injury to the back and spine is the most serious. I believe that it's for 300 weeks. The rating for the permanent disability is the percentage of the number of weeks that they award you. For instance, my first rating was 10% so they would have multiplied 300 weeks by the rating (300 X 10% + 30 weeks. The 30 weeks would be multiplied by 2/3 of your weekly salary, say for instance 250. So your award would be $7500. But if you have an attorney, he can request a second opinion with a doctor of his choice. This is what my attorney did and the rating was increased to 18%. I don't know if this is exactly the way a private rating would be, but I'd bet it's similar. At any rate I would ask my attorney about a second opinion.

    Good luck to you.
    Annette
  8. Lanie

    Lanie New Member

    DD~Thank you for telling me all of that. I am sorry you and you husband had to go thru it all. It is really such a stressful and difficult thing. It is beyond me that people do this sort of thing on purpose!

    That is basically what I wanted to know. I, like your husband, am in pain 24/7. I cannot use my right arm for more than a few minutes without severe pain. Anything that I do involves my back & neck in some form and I can only do things for a short time: standing, sitting, housework, caring for my children...the list goes on and on. That is not even mentioning all the things I can no longer do. I can function, but not without pain.
    Thanks again DD for you help.

    Annette~Thank you for your reply! I am sorry for all you have had to deal with. In my case, which of course now works against me, I wasn't working at the time of my accident. That is not to say I was permanently planning on never returning to work. I had taken time off to raise my son and have my daughter. I planned on returning to work when she was 3 or 4. She is now 3 1/2. I really have needed to return to work for financial reasons for the past 2 years. It has been hard to get by with all these medical bills on just 1 income. I just don't know how all this will go. I can never return to my profession which was retail business management. That was too trying when I was completely healthy.

    I just don't know how this is going to turn out. I mourn what might have been too much. I had so many dreams and plans and now nothing. It is hard to get past it, try as I may.
    Thanks again for all of your help and support. It is much appreciated!
    Best wishes,
    Lanie