Workers’ compensation, Social Security disability may be an option for chronic pain sufferers

Reflex Sympathetic Dystrophy Syndrome (RSDS), Complex Regional Pain Syndrome (CRPS), shoulder-hand syndrome, causalgia and Sudeck’s atrophy, are all terms used to describe the same painful and debilitating illness known as chronic pain syndrome. Because of the severity of pain and disability associated with chronic pain syndrome, workers’ compensation benefits, Social Security disability benefits or both, may be available to provide financial support to individuals who are unable to work because of their illness.

Inciting injury and subsequent onset of intense pain

Two unique characteristics of chronic pain syndrome are the occurrence of an earlier injury (referred to as the inciting or precipitating injury) and the subsequent onset of intense, ongoing pain in the region of the earlier injury.

Inciting or precipitating injury. The inciting injury could have been so minor that the victim didn’t even know he or she had been injured or something as invasive as surgery, as severe as a stroke with hemiplegia (paralysis affecting one side of the body) or as common as cervical spondylosis (age-related wear and tear affecting the spinal disks of the neck).
Later onset of intense, chronic pain. Regardless of the nature of the inciting injury, the intensity of the pain that subsequently occurs in the region of the inciting injury is substantially out of proportion to the pain of the inciting injury.

How is chronic pain syndrome diagnosed?

The diagnostic criteria to make a clinical diagnosis of Reflex Sympathetic Dystrophy Syndrome (RSDS)/Complex Regional Pain Syndrome (CRPS) can be confusing because of the medical terminology employed; however, in general, a patient is diagnosed with RSDS/CRPS because he or she is experiencing in the region of the inciting injury continuous pain, the intensity of which is disproportionate to the inciting event/precipitating injury, and the pain is associated with at least one of the following: swelling; autonomic instability (decreased or excessive sweating, body temperature fluctuations, changes in skin texture/color); abnormally slow or fast hair or nail growth; osteoporosis; or involuntary movements in the affected region.

What are my options if chronic pain syndrome makes it impossible for me to work?

Depending on the individual circumstances a person suffering from RSDS/CRPS may be entitled to workers’ compensation, Social Security Disability Insurance (SSDI, SSD, DI) benefits or both.

Workers’ compensation. A person whose RSDS/CRPS inciting injury was a workplace injury may be entitled to workers’ compensation benefits in addition to Social Security disability benefits.
Social Security disability benefits. The Social Security Administration (SSA) considers RSDS/CRPS a “medically determinable impairment” which may be the basis of a finding of “disability.” As explained in the SSA’s guidelines, an RSDS/CRPS diagnosis must be documented through “appropriate medical signs, symptoms, and laboratory findings” before a determination on eligibility for Social Security disability benefits can be made.

Speak to a workers’ compensation lawyer

The workers’ compensation and SSDI processes are both complex and often confusing. If you are suffering from chronic pain syndrome, speak to an attorney who can provide the guidance and support you need.

Your aggressive handling of this work comp case was first rate. I’ve worked with other attorneys in the past but appreciated the personal attention you provided me in this matter. Thank you!

- Cathy M.

Finally, I found the attorney that works for the injured worker, after two previous attorneys’ work for us seemed inadequate. Tom and his staff have the commitment to take it to trial if necessary rather than the other attorneys’ inertia and reluctance to do so. He has the integrity that you rarely find in the work comp arena anymore. Your involvement in my case resulted in returning us to some sense of dignity in this battle. I thought that with the multiple near-fatal catastrophic injuries I sustained that the opposing side would do the right thing. Don’t deceive yourself with this notion. You must have the right attorney by your side. With all the overwhelming tasks to complete while recovering, I thought I needed an attorney that was located near me. Again, I was wrong as they accommodated us however we needed it. Please don’t choose a work comp attorney based on location no matter how tempting that may be. Tom and staff thank you for making us believe in justice again.

- Scott H.

I just want to say a big “thank you” for representing me in my Social Security case. Without your help, I know that I would not have been successful. I am very fortunate that you represented me because you have the experience and knowledge that obtained the favorable ruling

- Dana D.

I received my settlement check this weekend and I want to thank you and all of your staff for taking on this case and pursuing it to a positive conclusion. These proceedings were not without their share of frustration but I always felt confident in my representation and your efforts to best represent me. I don’t believe I could do what you do- I would be too tempted to reach across the table and strangle the opposing counsel. I am very pleased with the outcome and am glad it is over.

- Gary S.

Tom and Marci were a tremendous help in that you made it so easy for someone like me who was stressed out about it all, especially with all the little things. I would have had a hard time relaxing enough to deal with everything effectively if you had not been so helpful. I also thought that Tom was very effective in the courtroom and had the facts of my case organized well and was informed so that he could tell where the judge wanted to go with his questions and was able to present the facts in a way that helped my case be viewed favorably by the judge. I was very pleased with the results. Thank you.

- Dan N.

You kicked butt. I am so happy with my results and I couldn’t have done it without you

- Teresa H.

Listen up every employee who has suffered a work comp injury in this state! If you think you don’t need a lawyer because everything is going fine, the adjuster is nice, and the QRC they assigned you seems to have your interest at heart; you are WRONG! The longer you wait to hire a lawyer the more disadvantaged you become. Tom Atkinson and his staff are aggressive and experienced workers’ compensation experts. Tom got me more than I ever thought I would get and NEVER charged a fee until he obtained benefits on my behalf. Thank you Tom, Marci, Gene and Cassie; I couldn’t have done it without you on my side.

- Thomas Hoaby

Thank you so much for your time and expertise today. I’m so proud to have you as my lawyer as you are absolutely wonderful at your job… Not to mention hilarious:) Whatever the outcome of today, I truly appreciate all you have done for me.

- Stacey B.

The day I met Tom, was the day I knew I would get all I needed from the Work Comp. company. For me, it was never about getting a big settlement. I only wanted what my doctor was recommending. Tom supported my decision not to settle, and took it all the way to a hearing to get me what I needed. It seems as though every step of the way has been a battle, but never once have I had any doubts in his ability to succeed. In the end, I got the surgery I needed and Tom still ended up getting me a bigger settlement than they offered in the beginning. Tom and his staff are a wonderful, caring group of people, and I don’t think I could have gotten through this without them.

- Sandy

Tom and his team are the top tier in the worker compensation field as I experienced the professionalism personally. I was injured at work and after two other well publicized and awarded attorneys failed to reach a satisfactory outcome, Tom and his team proved how a dedicated, genuine, caring, honest team can get the better than expected results for a client.

- DR

Dana and her staff are the most professional and outstanding lawyer I have ever dealt with and I would highly recommend anybody that would need a lawyer contact her. They made me feel more like a friend or family. When dealing with them and made the whole process, go smoothly as possible. There’s not enough words to describe the gratitude I feel for her and her staff. Thank you for a job well done. I would highly recommend her at her staff to anybody that would need legal assistance.

- Les A.

Dana has been incredibly helpful in representing me. She made the entire process easy, addressing any issues with professionalism and care. Her team was equally wonderful, providing excellent support throughout. I highly recommend Dana and her team to anyone seeking assistance with workers’ compensation.

- Attas

Amazing Workman’s Comp attorneys. Tom did everything he said he would. His paralegal team and staff are amazing too and very quick to get back to you. Fought for me until the very end. Will recommend this team to anyone having Workman’s Comp issues.

- Taylor K.

Words can not express how amazing Dana and the family at Atkinson Gerber Law are! Everyone was so kind and helpful. Dana and Morgan where prompt, knowledgeable and so so kind. I can not recommend them enough if you or a loved one ever needs legal help. Getting injured is stressful but with this phenomenal team in your corner, it really helps ease some stress. I can’t thank them enough!

- Amber N.

Despite that my case ended about 10 months ago, I actually went back to place this review because Tom and his team did so well and help me through a very, very difficult time in my life. I want to thank the entire staff for all their help.