Neurological Associates
Pain Management Center
Vero Beach, Florida
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H. Hooshmand, M. D. |
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DIPLOMATE AMERICAN BOARD OF PSYCHIATRY AND NEUROLOGY BOARD CERTIFIED IN ELECTROENCEPHOLOGRAPHY BOARD CERTIFIED IN ELECTROMYOGRAPHY BOARD CERTIFIED IN AMERICAN BOARD OF ELECTODIAGNOSTIC MEDICINE INTRACTABLE NEUROLOGY EPILEPSY, PAIN, MS An International Referral Center dedicated to Treatment, Education and Research |
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RSD PUZZLE #60
CRPS and Social Security Disability
The ultimate goal of CRPS treatment should be aimed at effective pain relief, mobilization and return back to normal life activity. If at all possible, the patient should show enough improvement to return to some type of work. Depending on the type of treatment, these goals are achieved in different degrees. For example, surgery especially sympathectomy, rhizotomy, osteotomy, thoracic outlet syndrome operation, carpal tunnel surgery, and surgery for removal of neuroma are apt to aggravate the disease. CRPS is usually originated from a relatively minor trauma when the patient is caught off guard or has a relatively minor trauma due to repetitive strain injuries. Any surgical procedure changes the disease from minor nerve injury to a major new source of pain and CRPS in the surgical scar region. So, the first goal is to avoid surgery. Surgery has a tendency to spread the CRPS to other parts of the body and makes the patient more disabled.
Besides surgical treatment, application of ice as well as immobilization with application of cast, confinement to wheelchair, and prolonged bed rest are strong aggravators of the disease, drastically reduce the chances of the patient returning back to work.
Early diagnosis and proper conservative treatment with effective antidepressants, anticonvulsants, anti-inflammatory medication, proper epidural nerve blocks, and avoidance of repetitive sympathetic nerve blocks, as well as effective physical therapy and moderation in rest and activity help the patient overcome the curse of CRPS and help the patient recover and return to some form of normal life.
The percentage of the patients treated with surgery, ice application, and immobilization, becoming able to return to work is less than 10% -20%. The proper treatment as outlined above in our experience helps the patients to return to work by over 55% range if the disease is diagnosed earlier than two years, and around 40% if the disease is diagnosed after two years.
We are extremely reluctant to consider the patient totally disable from any type work because inactivity is just as harmful as too much activity.
Eventually, some of these patients become so disabled that they have to apply for Social Security Disability. Specifically, polytherapy with stronger and longer lasting narcotics drastically increases the number of patients unable to work. Obviously, if the patient is on Methadone, MS Contin, Fentanyl or any combination of above drugs, the patient is not going to be able to work. If anything, the patient will be accident prone, harmful to himself and to others.
Starting in the 1930's, President Roosevelt signed into law the present Social Security system. The system is aimed at the government withdrawing a percentage of an individuals income as a saving for retirement or for permanent disability unemployment. The amount of money that has been saved in the system is more than eight trillion dollars. Obviously, if you try to inquire, you are not going to find any part of health or treasury department holding eight trillion dollars in the banks or in saving accounts for Social Security. The eight trillion dollars is a theoretical number in the books even though the money has already been spent.
Because the cash is not there, the government will obviously see to it that only the ones who are totally disabled, and can prove it to the court through proper legal channels can have access to their savings. If the individual is not injured, but is counting for spending the Social Security money for the days of his retirement, the formula is set to let the individual to collect 100% of the money only after 100 years of age. So, if the individual retires at 70 years of age, then 70% of the money will be gradually available to him in the form of monthly payments. Obviously, there are only 300,000 centenarians (old people over 100 years) in the entire world, so the majority of us will not have access to the money saved any time after 80 to 90 years of age. In theory, the government has borrowed the Social Security money and has used it for budget deficit or other spending purposes. This is the only money the government borrows and never pays a penny of interest on it to the individuals who have trusted their money to the system. It is not like a bond that the government has to pay interest on it.
If the doctors have proven the patient is disabled, that does not mean the patient is going to have access to his disability money. Even after the patient is totally disabled, the individual has to prove his disability beyond any doubt. Otherwise, after three appeals he will lose access to his Social Security money.
In almost over 80% of the cases, the Social Security Department Executives see to it that the patient will not be qualified and certified for disability. On the other hand, when the cases are properly taken to the judge of Social Security, the percentage of ability to have access to the deserved Social Security is several times higher because of the fact that the judges of the Social Security are very impartial and fair.
To be able to prove the case with the judge of Social Security requires hiring a Social Security attorney after the appeal has been turned down twice. If the Social Security attorney knows what he is doing, he will provide proper medical reports from the doctors to meet the 12 minimum requirements of the proof of disability. Never try to practice law and take the case without a proper attorney to court.
Do not become distracted, furious, and do not lose your "cool" when in the first and second stages of application, the Social Security Officers send you to doctors who are likely to declare you able to go back to work. Usually these doctors are selected and are on the list of the Social Security Officers because they are no experts, and are not familiar with the patients illness. These are the doctors who are likely to believe, similar to majority of the general population, that when you apply to get your Social Security money, you are costing the tax payers a lot of money. Obviously, you are applying to receive the portion of your own money that you have trusted with the government.
You dont want an ambulance chaser type of doctor or an HMO servant to examine you and to destroy your chances of earning your disability. There are enough doctors knowledgeable enough in their field who do not need to take sides with one party or the other, and are able to prove or disprove that you meet the 12 minimum requirements.
In conclusion, the Social Security System works as long as your case is heard by the judge of Social Security. Try to resort to any and every kind of non-invasive and effective treatment so that you dont end up needing Social Security Disability.
Especially in the case of CRPS patients, early retirement is the beginning of the end. If at all possible, you should keep your mind and body busy with some for of a vocation rather than feeling sorry for yourself and becoming a couch potato. From there you are quite likely to end up in a nursing home because of inactivity. Inactivity causes severe depression, severe chronic fatigue, and severe intolerable deep pain.
The mind is a terrible thing to waste with retirement. I plan on practicing beyond 80 years of age.
H. Hooshmand, M.D.
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Copyright © 1997-2006 H. Hooshmand, M.D. No part of this publication may be reproduced, transmitted, stored in a retrieval system other than this specific media, transcribed, or translated into any language without the expressed written permission from the author; H. Hooshmand, M.D. and Eric Phillips and CMNE. This material is for informational and education purposes. It is not meant to take the place of your physician. Before starting, changing, or stopping any treatments or medicines consult your physician.
Send e-mail to Eric Phillips: EricmP9512@aol.com with questions or comments about this media and content.
The material on the Neurological Associates Pain Management Center Homepage and all it's associated, linked or reference pages is for informational and education purposes. It is not meant to take the place of your physician. Before starting, changing, or stopping any treatments or medicines consult your physician. H. Hooshmand, M.D., Neurological Associates Pain Management Center and Associates will not be held liable for any damage or loss as a result of information provided on this page or associated documentation. Again, this WEB SITE is simply published as an information source and should not be used to treat or make judgments on RSD/CRPS. All associated material on this web site may not be copied, reproduced or quoted without expressed written permission from the owner; Copyright © 1999-2006 H. Hooshmand, M.D.
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This page was last updated on 3/11/2000.