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Denied!

Hi all,

Although this could go under the Insurance page, I think its more appropriate here. I filed for Disability Retirement through my Retirement Plan. It takes 2 out of 3 doctors to agree in order to award the disability retirement. I've been waiting since January for an answer and I just got it...DENIED.

One doctor agreed 100% with my information I've submitted saying that I have done everything that has been asked of me by medical professionals and it's unthinkable to require me to work in the field while taking narcotic medication.

Doctor #2 denied the claim saying there was no proof that I must take medication for relief...WTF!

Doctor #3 refused to even address the consideration that I'm having to work while taking narcotics. He wants another FCE. FCE's do nothing to prove if narcotic pain medicine could effect my ability to provide adequate medical care or drive an ambulance.

Needless to say...it's time to lawyer up. How in the world could any doctor (with a conscience) say that I don't need medication to get through the day and that an FCE must prove my potential to cause harm by making a medical mistake.

Good grief...

Keith
Several Epidurals, L4-S1 360 ALIF, Numerous Facet Joint Injections, RFA x2
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Comments

  • Unfortunately you are caught in the current war on prescription drugs and the abuse of the disability system. There are soo many law suits and arrests because of both that I think doctors are afraid to get involved. I have only one doctor who will do the disability paperwork so I am stuck going to him for this reason. The rest refuse to respond to my LTD carrier and even to social security. Which I found out is their right, but it leaves me swinging in the wind.

    I would talk to a lawyer, but make sure they specialize in disability because the language is what makes the difference. Sounds like you need to prove that you need the narcotic and then the driving and giving medical care becomes a moot point.

    Good Luck. I know how frustrating this can be.
  • What is an FCE? (Yes, I googled...lol didn't find much I thought was relative...first certification in English?) If I am understanding correctly (and maybe I'm not) this is no "government/paid for by tax money" disability but disability insurance you either earn or pay for???? If so, I think that just makes it worse.... who will want to continue to pay LTD if in the end they need it and are denied? And I so have to agree... not sure I want an ambulance driver on narcotics....
    33yo mom of two. My surgical history...preadolescence scoliosis, kyphosis, and a hot mess.... 5 spine surgeries and lots of items added I wasn't born with (titanium, peek, surgical steel). Guess cremation is out. TSA loves me.
  • FCE stands for Functional Capacity Exam. It tests your ability to move around, lift, etc. My retirement is actually in a pension program.

    I've been researching this today and they are disapproving a lot right now. In their defense, some of the cases they are getting are ridiculous. Some people are trying to get approved for totally BS reasons. People doing that make it much harder for those of us with legitimate issues.

    I should hear back from a lawyer tomorrow.
    Several Epidurals, L4-S1 360 ALIF, Numerous Facet Joint Injections, RFA x2
  • AllMetalAAllMetal Posts: 1,189
    edited 06/11/2013 - 2:47 PM
    Thanks for the explanation. Good luck.
    33yo mom of two. My surgical history...preadolescence scoliosis, kyphosis, and a hot mess.... 5 spine surgeries and lots of items added I wasn't born with (titanium, peek, surgical steel). Guess cremation is out. TSA loves me.
  • I have read many of your posts and to me it should be a no brainer that you cannot work, especially when it entails driving!

    At this point all you can do is get an attorney that specializes in Disability and fight it.

    Disability made me see a neuro psychologist who tested my memory.

    I was always complaining to my Doctor that my memory was so bad and he told me it was due to the Migraines I have had for the last 20 years.

    When disability saw this they made me see this guy and it was embarrassing for me.

    Even I wasn't aware of the extent of my memory problems.

    Anyway, keep fighting and you will get there.

    Will keep you in my prayers.

  • I'd love to do a memory test both before and after taking Lyrica. It works pretty well, but it zaps my short term memory.

    I've sent all my paperwork to an attorney for him to review. Hopefully, I'll know something soon. I went to Cumberland Falls with my extended family this weekend and just doing a little rowing has put me down. I typically wouldn't do it, but my oldest son was upset when I told him it wasn't smart for me to do it. But, I've said all along that I will not allow my condition to stand in the way of being a good dad for my kids. It's getting really hard to do it though. In all honesty, it really pisses me off that things a normal 46 yr old guy should be able to do causes me so much discomfort.

    Keith
    Several Epidurals, L4-S1 360 ALIF, Numerous Facet Joint Injections, RFA x2
  • I'm a 33yo mom... my kids are small (3 & 5) but it is tough. I had a rough night last night, and my husband didn't wake me up in time for church. He knew I had a rough night and wanted me to sleep as long as possible. I was upset, but thankful at the same time. My 5yo was upset and told me that we should go and just tell them to start over. I explained that by the time we got there everyone would gone... his suggestion? We should just call them and tell them to wait on us.... :) He knew why Daddy didn't wake me up and why Daddy took the kids outside so they wouldn't either. It's hard, I know it is... I face little things like this daily/weekly. I just try to find a way around it, like letting them "camp" inside so I can still sleep in my bed, etc. One thing I have realized is, they still deeply love me, and I know they will be sympathetic. They will also know how much I did do for them.... just like today. We have been working on redoing all of our flower beds. My daughter begged for a bright pink hydrangea. My son then of course wanted one, but in blue... so we bought both last weekend and we have worked hard but haven't gotten to that section. Of course my son's plant has now turned white and he was so upset because he wants a blue one because he's a boy...lol.... so what did I do today even after a rough night? I went and planted that hydrangea mixing all the soil with potting soil and aluminum sulfate, etc. Took awhile as I am a slow digger, especially when I was already in pain. But my son tried to "help" me and was so excited... and when I went to check on him after putting him to bed his blinds were up... he said he needed to keep watching his plant to be sure nothing happens to it and that it will turn blue soon... :) So we all find ways... It's hard... it's frustrating... its so similar to grief because you are "loosing" a part of life that most all your peers are experiencing... but you are also getting to teach your children some strong life long skills/morals/etc.
    33yo mom of two. My surgical history...preadolescence scoliosis, kyphosis, and a hot mess.... 5 spine surgeries and lots of items added I wasn't born with (titanium, peek, surgical steel). Guess cremation is out. TSA loves me.
  • My lawyer called me back. He has reviewed everything that I sent to him and he wants to take on the case. I go this Wednesday to meet with him. The sooner the better! It's been a week now since I did the rowing and I am still having huge issues.

    I can stand for about 10 minutes, then I'm down. When I'm down, I can only lay for a while, then I have to get up and move around. It's a huge cycle. I'm taking 20mg Oxycontin three time a day and it's not even touching it. I see my PM on July 3rd, so I'm just a week and a half from seeing him. I hope he has something in his bag of tricks that can calm my back down. I've also tried Flexeril and Amrix and neither are helping.
    Several Epidurals, L4-S1 360 ALIF, Numerous Facet Joint Injections, RFA x2
  • Glad you found a lawyer, hopefully it won't take forever for you to get approved. And good that you have a soon PM appointment. Hopefully that will go smoothly as well.
    33yo mom of two. My surgical history...preadolescence scoliosis, kyphosis, and a hot mess.... 5 spine surgeries and lots of items added I wasn't born with (titanium, peek, surgical steel). Guess cremation is out. TSA loves me.
  • It's so good to hear that you got an Attorney to take your case.

    Now that the ball is rolling, hopefully it won't take too long for you to get it.

    Sorry to hear that you are still having pain.

    I know how you feel when it comes to doing activities with the kids.

    So often, I have to explain to my grand kids that I just can't do the physical activities they want me to do.

    It breaks my heart, but I try to find other things which I can do so that at least we can spend quality time together.

    Once in a while I do something physical and pay for it later, but sometimes you just have to do things to feel normal.

    Hope the doctor can find something to help you get this flare under control.

    Please keep us updated on how you are doing.

    Take care.
  • I met wit my attorney today. He feels like I have a good chance to win my case on appeal. He did give me some pointers for re-doing the paperwork, but he would review it all and add to it before sending it in.

    Keeping my fingers crossed!

    Keith
    Several Epidurals, L4-S1 360 ALIF, Numerous Facet Joint Injections, RFA x2
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