Finally received doctor's report 9 1/2 months later!

Today I finally got the report from a doctor that describes my condition; it was from a doctor visit on December 7, 2005 with a doctor representing the company that I work(ed) for.

Here is a brief section of one of the pages in his 21 page report;

ASSESSMENT:
1. Cervical spondylolysis/herniated disc, status post fusion, C4 through C7 (September 18, 2003)

2. Bilateral carpal tunnel syndrome, status post bilateral carpal tunnel release surgery (Right, July 2, 2001, left September 24, 2001.)

3. Bilateral upper extremity pain; history of complex regional pain syndrome, post bilateral carpal tunnel release and fibromyalgia/myofascial pain, bilateral upper extremities.

DISCUSSION/OPINION:
Based on the current history and examination, the patient is considered totally disabled from any and all occupations due to injury to the bilateral upper extremities and cervical spine and subsequent bilateral upper extremity surgery and cervical spine surgery with postoperative flare of myofascial and complex regional pain syndromes. This period of total disability my be considered for 24 months from December, 2005, after which the employee may be reevaluated for return to work with work restrictions based on subjective and objective factors. The patient's bilateral upper extremity carpal tunnel release surgery and cervical spine fusion with significant and well documented post surgical pain syndrome precludes the patient from returning to employment and could be reevaluated regarding return to employment for 24 months starting from today's evaluation.

This doctor's credentials include
Diplomate, American Board of Orthopaedic Surgery,
Fellow, American Academy of Orthopaedic Surgeons,
Certificate of Added Qualifications in Hand Surgery

I'm guessing they didn't want me to see this, so they downplayed it. (Possily hoping that my attorney wouldn't read the entire report?) My attorney called when she got this report a few months ago, saying she was shocked since the company's attorney was trying to settle saying that their doctor said that I was 59% disabled or something like that. (She had to turn my case over to another attorney because she was closing her office, and it was obvious that this case will take more time than she had thought.)

This part isn't pain related, but it is related to my disability case.
In September, 2005, I got 2 checks for less than $200. I knew there had been an overpayment from December, 2001 through May, 2004, and I had made at least 3 calls to them during that time to ask about those payments, and was told, "Oh, that's your long term disability; you're supposed to be getting it, don't worry about it." There were also 3-4 other times where I saw on my paystub that they had made adjustments, so I figured they had already done periodic "thorough reviews" (apparently not thorough enough -- or maybe they just plain shouldn't be working in payroll.)... and in May, 2004, they suddenly, and very quietly, started withholding 1/3 of my check. They gave no explaination, no mention, nothing. However, I did know that it was to recover the overpayment.


But when I got those low checks, I called and was told that the company [suddenly] has a 30 day policy that an employee has 30 days to repay any overpayment of benefits or their disability benefits would be terminated. I asked why there was a 30 day policy when they had already been taking it out for a year and a half, so they obviously knew of the overpayment for a heck of a lot longer than 30 days!

She kept repeating, "There is a 30 day policy..." I asked why they couldn't just collect it the way they were collecting it. "There is a 30 day policy..."

Then she decided they could give me "a little extra" on my work comp portion, which would extend my $250 every 2 weeks from December through March 10, 2006.

Shortly after that phone call, I received a letter stating, "I performed a thorough review of your claim and have found a large overpayment resulting from a daily rate error (being paid my normal wages rather than the $10 less an hour they paid for disability benefits,) paid from December 19, 2001 through May 20, 2004 (You mean, like I was trying to tell you 3 years ago?) in the amount of $67,037.36, less $14,994.00 already recovered...As stated in earlier correspondence, (meaning when I again called them, this time being the 4th time) this overpayment must be repaid either in a lump sum or suspension of Long Term disability benefits. If the overpayment amount is not repaid within 30 days, I will proceed with suspension of your long term disability benefits until the overpayment is recovered." During this time, they scheduled a court ordered doctor appointment.

November 4, 2005 was the last time I received a disability check from them. Shortly after that, they received their doctor's report that says I am "totally disabled from any and all occupations". I then received my last work comp check on March 10, 2006. (The last time I got anything from them at all.) I just want to know... how do they expect me to survive?