Saturday, December 7, 2013

CrossFit As Physical Therapy After Long Term Disability

If you read my last post before this, you would see that I was struggling with my weight, strength, overall fitness, and motivation.  I had less than 500 kilometers on my cycling computer and had set some fairly reasonable goals for the end of this year and 2014.

So I'm glad to report that after determining that I just wanted to surpass 1000 kilometers for this year, and being told by my friends that it was too ambitious, I very easily passed 1200 kilometers by mid-October.  However, I did not fulfill my goal of doing one century (100 mile) ride this year because I've had some struggles with returning to work life and frankly didn't want to spend the money.  But I did enter one metric century riding from Deefield, MA up to southern Vermont and back with my brother called the D2R2, and though I didn't ride the full hundred (I took a shortcut and ended up doing 85k) it was a great experience.

The most enlightening part of that experience wasn't how much I struggled up 12% and steeper climbs on sand and gravel, but the photo my brother took of me in my lycra before we started.  I looked at it later and said to him, "Really?  I'm THAT FAT now?"  And he said, "Yes.  I was trying to put it to you gently."

Not saying I haven't made tremendous progress, but that photo was a real kick in the pants--and those pants should have been extra-extra-large.  When I compare it to a photo of me just a couple of months before I was hit by the car it's hard to believe it's the same person.  I immediately started a gallery on Facebook called "John Get His FAT ASS Back on the Bike" and have been posting clothed body shots of myself before rides and workouts just about weekly.  Some of my friends have told me this has been a great source of encouragement for them.

In my mind, I'm still just as strong and lean as I was before I was hit.  Numbers on a scale don't tell me otherwise, and failing to finish an event or finishing but struggling for every inch seems to only have an effect of bringing my attention to the reality of the situation of only about a week.

While my struggles with my physical and professional comeback have been making progress, I definitely see how I should have been trying harder.  As my wife said, "It's not your fault you were hit by a car."  But at the same time I am the only one who is in control of how hard I exercise or how much effort I put into starting a new career.

Professionally, I have been studying to acquire new skills and update old ones.  Physically, I've started doing CrossFit to regain my athletic abilities as quickly as possible.

For those of you who are unfamiliar, I can only describe CrossFit as 'everything.'  It covers everything.  It's not the same from one workout to the next.  And at the gym I've been going to I don't even have the same instructor from one workout to the next.  So one day I might be doing power lifting and the next running--which are completely different types of training.

The other thing I love about CrossFit is that while I'm still very weak or even the weakest at many things I could have done easily before I was hit, I don't feel embarrassed.  The classes are mixed, so people who are in great shape are working out alongside people who can't do a single pullup.  It's structured so that this isn't a problem, so there is no need for a beginners class and an advanced class--we just have class.

But the bottom line is, the effects of this training especially on the parts of me that I hadn't really worked on at all have been tremendous.  As I wrote in the last post that I still couldn't run or jump, I wasn't really trying either.  Now I might be the slowest one in the Workout Of the Day (WOD) but I'm doing it, and I'm doing better and better each time.  CrossFit training doesn't miss a thing.

So if you're serious about wanting to get back in shape when you have to start from zero, or even if you've never been in shape at all, and you want to do it without having to suffer through ego bashing or pity encouragement, then I can't recommend CrossFit strongly enough.  No sport I've done until now, including running, swimming, or Chinese kickboxing can get you in as good shape in a 'whole' way.

CrossFit is making me whole again.

Saturday, July 6, 2013

My Biggest Struggle at the End of Disability is the Ego Crushing Experience of the Comeback

Easily my biggest struggle after Disability is with my weight.  I gained fifty pounds.

Most people lose weight.  My theory on that is, they've never exercised before and all the sudden they're going to Physical Therapy three times a week.  But in my case, I am a lifetime athlete, so Physical Therapy doesn't even represent a small fraction of my normal level of physical activity.

It's also a struggle to be as motivated to go Cycling as I was before I was hit.  For starters, I was in amazing physical condition, and now I'm fat and weak, so it's actually harder for me to do a basic ride in less than ideal conditions now--in great part because I'm dragging another fifty pounds.  But it's also a struggle in terms of routine and habits.

After a year or two of not doing what I normally do, I found that I have to reform those essential habits, including everything from getting my bike ready, to getting dressed, and what I do while I'm actually riding.

It's also somewhat embarrassing.  I can't ride with my old riding buddies yet because I can't keep up, whereas before that was their problem--they couldn't keep up with me and I would have to slow down or wait.  I even tried riding with the slowest possible riders, and while I'm at the point where riding with them isn't a problem, I want to ride as I normally do.

Normal for me is about 4,000 kilometers a year, six or more bike tours a season, at least three of them 100 miles or more (aka a Century).  Right now, for 2013, I have only about 500 kilometers under my tires and most of that is recent.

Last year I did my first tour back on the bike, and challenged a metric century (100 kilometers).  It was brutal.  I was like a beginner out there.  I started out strong, then a flat tire; fixed it, caught up to the stragglers; then another flat.  And there were climbs of 9% and and 12% grade on this tour too.

After that second flat tire, there was no one else in sight.  I was determined to finish the ride no matter what, but I was prepared for the very reasonable possibility of bowing out for the first time ever.  Then, furious at my failure to even keep up with the slowest riders on the tour, I looked down and saw that I had only ten kilometers to go.  This meant that I was going to finish the ride.  At this point I started to cry like a baby.

I'll never forget that moment.  As embarrassed as I was, suffering, in pain, exhausted, it was enough for me just to finish.

I don't mean this to be inspiring.  What I mean by writing this is, you are going to have to face your ego, and overcome your lesser-self, if you really want to regain your full abilities again.  Yes, it helps when people know what I've been through and am going through, and tell me how amazing and encouraging that is to them, but even without that you have to be able to rise above your own limitations.

My determinations for cycling are as follows:
- Ride two 100 mile rides in 2013
- Ride over 3500 kilometers in 2014

I figure if I ride at least 300 kilometers a month through the end of this year and throughout next year, I will have really made my comeback.

Wednesday, November 21, 2012

Finding a Job After Disability

The biggest worry people on Disability have perhaps is how to find a new job when you're ready to go back to work.  Those concerns include how you explain this lengthy period of not working without telling a potential employer that you were disabled and hadn't been working at all, will the total devastation to your credit ratings over the period of disability make you unhireable (like they say in those horrifying commercials), and what happens to your disability benefits.  I can only answer based on my own experience, but I feel it will answer a lot of people's most dire concerns.

Employment Verification and Background Checks: the KISS Rule


Easily the biggest worry is sending out a resume which says that you either currently work or did work until recently at the company you were an employee of while you were on disability.  What if a background check reveals that you actually haven't worked there in months or years?  Should you only put down the period that you did actual, physical work?  The good news is that so long as you are officially an employee, working or not, you can put down that entire period on your resume and it will pass a background check.  Even if you took the last month or more of your employment as vacation pay it counts.

When asked by anyone--future employer, bartender, neighbor, President of the United States, extra terrestrial, anyone--why you left an employer, there are only two answers: "I was laid off" or "I wanted to seek a better opportunity" / "better fit."  Those are good, professional answers.  You never say, "I was disabled by an accident and then replaced in my job" or "I was fired."  No background check is going to reveal otherwise.  The question isn't why you no longer work at that company; what they want to know is if you will fail if they hire you at their company.

If you're not exactly sure what your period of employment was, you can usually do what the background checkers do and get an Employment Data Report for free from sites like The Work Number which receive these reports from various companies.  This report will also tell you your exact job title (which may be different from what you called yourself or what was on your business cards), rate of pay, and what your benefits package included, so that when you submit information which has to be accurate and easily verifiable, it will be.  You don't want to have a potential employer contacting your former manager, who might say something you wish they hadn't.  Instead give them the link or phone number to the employment verification service or Human Resources--which will know what they legally can and cannot say at risk of legal action against them, and simply verify your period of employment.

In my case for example, I was hit by a car after only one week on the job, and I went on Disability only two months after that, but I was an employee of the company for two years.  Two years is what appears on my resume, and it stands up to employment verification because it's the truth.  The fact is, I was an employee of the company for two years. No one needs to know anything more than that.

As a general rule, you should only give an answer of just a few words, a sentence at the most, such as "laid off" or "resigned."  Don't tell a story; don't complain about your former employers, coworkers, managers, or circumstances.  As the saying goes, follow the KISS rule: Keep It Simple Stupid.

Will A Credit Report Ruin Your Ability to Get a Job?


Next big worry you might have is that whether because of your period of Disability, the economy, a combination of the two, or if you simply have always had financial trouble for whatever reason, that your credit rating or credit report might make you unhireable.  No doubt you have seen terrifying commercials on television for debt consolidation and credit repair which claim exactly that, but they're lying.

A credit report is not going to reveal your credit rating to potential employers.  It's simply a part of a background investigation to see if you are irresponsible.  And maybe you are, maybe you never pay your bills on time, maybe you've been dodging paying your student loans or owe back taxes, maybe you have collections chasing you over an old gym membership or electric bill from a previous apartment which you haven't gotten around to or never intend to pay.  None of these things, even all of them combined, will ruin your ability to get a job.  They're looking for really severe problems like failing to pay child support and there being a judgement against you for it, or some other dire legal trouble.  They are not going to deny you a job because your credit cards are maxed out and your bank account is overdrawn.  They're looking for fraud.  And of course they're not going to deny you a job for collecting unemployment or disability checks either--which they couldn't find out unless you were dumb enough to volunteer that information.

That's it.  It's that simple.  Don't worry about your credit report when applying for a job.

Social Security Benefits: How and When Do Then End?


And finally, what about your Social Security Disability benefits.  Again, just my experience, but SSD has been extremely helpful throughout my entire disability period.  I was approved after a medical exam and the only other contact I had with them was after a year and a half when they sent me a form asking me about my work.  They had the private Long Term Disability insurer down as an employer, which required correction of course, but otherwise I simply marked that I wasn't working at all, no longer employed, and not receiving any source of income besides SSD benefits.  I included a letter telling them that I was expecting to start working again soon at a new job, and when I followed up with a phone call was told that I should notify them the day I received my first paycheck.  They also informed me that I could continue to receive SSD benefits for a couple of months after starting my new job as it was considered 'trying' to go back to work--because for all I know I could find out I wasn't as recovered as I thought I was.  In fact I met someone when I went for my exam who had to go back on disability repeatedly because since he was injured he had tried to go back to work a few times but was physically unable to hold down a job; just talking to him I could tell he was in a hell of a lot of pain, and couldn't imagine him putting in even a half day in that condition.

Of course my biggest concern would be receiving money after a status change, using it, and then having to pay it back, so at this point I just want to make sure Social Security knows what's going on and that I know if I've received money that I need to send back or will be taken back from my account.  But I'm not going to feel guilty about receiving this money for a couple of months after I start working again of course because, after all, it's my money, which I contributed to Social Security over years of working, and I will continue to contribute to Social Security in greater and greater amounts in the years to come until I finally retire.  At the very least, that money will be helpful in getting my life restarted, including new work clothes, and relocation expenses for my new job.

Disclaimer


As always, I want to make sure readers are aware that I am not an expert on Disability and that while I hope this information may be helpful to you it does not apply to all cases.  You should consult your own experts with regard to your particular circumstances.

And lastly, please feel free to comment and share your own information and experience.

Wednesday, September 12, 2012

A Great Loss Can Be a Great Opportunity to Change Your Life for the Better

Suffering a loss can ultimately be a good thing.  It can be the fresh break that allows you the freedom to reinvent yourself, make you better than you were before, "better, stronger, faster," and happier.

At the end of 2008 I was successful and I did like my job.  It wasn't my dream job but it paid well and I was good at it.  But I felt my life was stagnating.  This job was not what I went to college for; it didn't match my background at all; and though it offered the opportunity for tremendous financial success when I looked at the job I would be doing if I was truly successful in this business I dreaded the idea of being promoted no matter how well it paid.  I didn't want to be sitting up in bed at two in the morning with a Blackberry and cancelling vacations because I was understaffed and overworked.  I was already working twelve and fourteen hour days, and missing out on many of my favorite activities.  My deepest desire was not to quit working altogether and become a Cycling Bodhisattva Astronomer--though come to think of it that would be pretty cool--but I didn't want to commit my life solely to making money either, which was the only intrinsic value of what I was doing for a living.

Still, why not?  What did I have to complain about?  I had money.  I could do whatever I wanted two or three weeks a year if I planned my vacations well.  People dream of this kind of success.  But I had no aspirations at the time, for anything, and was unmotivated.

So when practicing Buddhism, which consists of chanting Nam-Myoho-Renge-Kyo and reciting two chapters of the Lotus Sutra to the Gohonzon (a scroll with Chinese and Sanskrit characters on it which embodies and reflects your innate enlightenment) it popped into my head to "chant for something to chant about."  And WHAM! I lost my job.  In the musical chairs which was the economy of the time, my company had bought another company, which somehow was in the position of displacing employees to make room for themselves in the office space and budget.  A lot of us lost our jobs that morning, but everyone else was at the top of their game so they had absolutely nothing to worry about and more than half were near enough to retirement and rich enough that they immediately said they were just going to take the rest of their life off from work.

I had no such luxury, and to top it off, I had never been unemployed since I started working at age thirteen.

That would have been an ideal time to change industries.  I had only been in that one for four and a half years, and my other experience was still fresh enough to be relevant.  But I was unfortunately conditioned at that point to think that if I made any less money than what was already four times the per capita income for my zip code that I would starve.

Why am I going this far back, long before I was hit by a car?  And why all this Buddhism stuff?  It's relevant to my point, I swear, so stick with me.

It was six months before I found my next job.  It was humiliating.  When I told the experience at a Buddhist meeting after what I though was already a rather amazing personal transformation, I cried like a child.  But the new job was not only in the same industry but wasn't nearly as good a job or place to work--though it paid slightly more, which to most people in that industry is the sole meaning of life.  I still had a lesson to learn.

A month after I started the new job, the head of the department died of cancer, a hot shot from Houston who flew in on a corporate jet, lived in a suite at the Marriott, and was driven by limousine everywhere he went replaced him, there was a merger, the people who hired me were the first to go in the process of completely replacing all staff, and finally I was one of the very last to be let go exactly one year later.

Again, chanting about my professional life, it somehow popped in my head that I would get my next job within a month.  Right after the thought occurred to me it was followed by, "What?!  A month?!  Are you insane?!"  Somehow, in my mind there was no taking it back.  It was out there.

And sure enough, a month later, I had landed a job in a whole other industry, not doing exactly what I had been doing before.  Victory, right?  No, it was even worse, but it paid buckets more--the most money I had ever made in my life--and came with a signing bonus which enabled me to put a down payment on finally buying a car.  It was a kind of victory and continued misery all wrapped into one.

My new boss was the worst manager I have ever encountered.  I would figure out later that the only business she had managing others was by title.  And I foresaw that I would be one in a long line of people in a department which had very high turnover except for a couple of select, long time coworkers.

A week after starting the job, I was hit by a car and disabled.  And that's where the start of this blog's story begins--two years ago, save a week.

I have tried the desperate move of looking for another job in the same industry I was in when this story began, but it seems I have successfully removed myself from the running.  And now I really have no choice but to do what I really want to do, what I should have been doing the whole time.

So an accident or personal tragedy can be ultimately a good thing.  But it depends on you.  Don't be willing to do 'anything' to survive.  A willingness to do anything isn't going to get you a decent job much less make you rich or happy.  And it's not the road to success either.  The more determined you are on your goal, and the more effort you make towards attaining it, the more successful you will be.

My goal before was to make money, and I did, and it made me miserable.  Now my goal is to work for the happiness of myself and others, and I feel I am already succeeding.  In the next few months, and next few posts on this blog, I'm going to prove it conclusively.

Thursday, September 6, 2012

Insurance Basics for Cyclists: Insuring Both Bike and Rider

Today I'm going to discuss the insurance you should have in place to cover you in case of an accident while out on the road.  I'm specifically referring to cycling here, but certainly this applies to all sorts of other applications, including running, or even as a pedestrian carrying virtually any personal possession.

BICYCLE INSURANCE:

The standing myth is that there is no such thing as bicycle insurance in the United States, that if your pricey bicycle were totaled in an accident by you or someone else that you would have to pay for the replacement entirely out of pocket, or that you would need to be a homeowner or car owner to have a bicycle or other non-motorized sports equipment covered.  The fact is insurance for your bicycle and other equipment is actually very cheap, and anyone can get it.

I, for example, have a Renter's Policy with State Farm which covers all my property, including my bicycles, anywhere in the world.  The policy costs me less than $25 a month.  But any Personal Property coverage will cover your bicycles.

As discussed in an early post on this blog, when I was hit by a car in October 2010, I didn't wait to see how much the insurance of the driver who hit me was going to pay for the damage to my bicycle; I called my insurer--State Farm--told them it was totaled, the make, model, and year, included the wheelset, and the make, model, and MSRP of the new bike which would be a 'like or better' replacement.  No inspection, no needing to find a receipt or even say how much I paid for the bike.  I received the cost of the bike less depreciation and deductible (the amount of money I pay out of pocket for each claim, which in this case was $500).  State Farm sent me a check for about $1,500 and when they collected the full amount of the loss from the insurance company of the driver who hit me, they sent me another check to refund my $500 deductible.

The only mistake I made was forgetting I should have also included my helmet in the claim.

HIT AND RUN INSURANCE:

I used to practice looking at license plates and trying to remember the numbers in case of a hit and run, until I realized you can't even read a license plate unless it's right in front of you much less memorize it when you've just been hit by a car.  And even if you could, what if the driver successfully denied hitting you, or they didn't have insurance, or it wasn't a car but another cyclist or pedestrian.  This is where the Uninsured Motorist coverage of your auto insurance kicks in.

By the book, Uninsured Motorist covers you in case you are in a car accident with another driver and they have no insurance or inadequate insurance to compensate you for your injuries--or in the case of a hit and run.  What almost no one realizes is, this also covers you while cycling and as noted above in all other circumstances as well.  You could be walking across the street when you were hit and this insurance would cover you.

So, again to use me as an example, let's say the driver who hit me on that Autumn afternoon fled the scene and we never found her or she had the absolute minimum statutory coverage for Liability--which is $25,000 in New York State-- or no insurance at all, but I had $100,000 or $300,000 in liability coverage on my own car insurance with an Uninsured Motorist limit equal to that.  I could receive, from my own auto insurance, the difference between what the driver's insurance paid and the full amount I should receive up to the limit of my auto insurance policy.  And I wouldn't even have to go after the driver in court to collect this difference because at that point the loss belongs to my auto insurance carrier--so they would go after the driver and even send me any additional funds they collect.

Also note that collecting from your insurance under Uninsured Motorist would impose no penalty on you whatsoever.  Your rate wouldn't go up one penny and this would not effect points on your license.

Unfortunately for me, at the time I did not own a car--though I do now.

LONG TERM DISABILITY / ACCIDENTAL DEATH AND DISMEMBERMENT

You know those Aflac commercials, where the guys are sitting in a park with their kids and both have broken legs.  They are Disabled from work.  No work means no pay, and unless you're very wealthy you need to be paid just to pay your bills and live as normal a life as possible until you are able to work again--if ever.  And you don't have to be disabled from a very physical job either.  My job at the time was sitting at a desk, talking on the phone, using a computer, file management, and some travel.  About the worst injury I could have at work would be a paper cut, so I had no idea what my employer could do for me other than maybe give me a couple of weeks of unpaid leave.  I couldn't even sit upright in a chair.

Honestly, before I was hit and became disabled, I thought this coverage only applied if I lost a limb or were killed.  I always bought these coverages in case of that kind of injury so my wife would receive all the money she possibly could.  I always bought the maximum.  It was some time after my injury before I realized I was qualified for even Short Term Disability.  These coverages are typically offered to you as a benefit at work, and they cost very little, but they pay when you need it.

Again, I can only use myself as an example.  I had this coverage but didn't really understand what it was.  Moreover, I had only been at my job a week when I was injured, so I didn't think I could actually collect.  And I didn't realize that my injuries qualified me as 'disabled' because I thought that only applied to permanent disability.  Even when I discovered that I was certified disabled, I had no idea that I would qualify for more than a couple of weeks, much less months, and then years.

I certainly never imagined that I would be so badly injured that I couldn't work for more than a couple of weeks, barring terminal illness which was unlikely for a cycling god like me (right Lance?).

So without going into the details, I recommend you buy all the disability and life insurance that is available to you, and when you are injured immediately file a claim.

NOTE: This is not legal advice and does not represent a professional recommendation.  Each case may be different and you should contact your lawyer or insurance representative about any questions you may have about your coverage and circumstances.  This post also may be edited or deleted in the future at the author's discretion.  But I do sincerely wish that everyone gets adequate coverage in case disaster strikes as it did me.

Saturday, July 7, 2012

Life Under Reconstruction; "Whatever happens, however, you must not despair"

"When things are going smoothly in this world of ours, we suppose there is nothing to worry about, but these days the situation seems very threatening indeed.  Whatever happens, however, you must not despair.  Be firm in your approach, and if things should not go as you wish with regard to your lands, then determine to be more contented than ever, adopt an attitude of indifference, and if you like, come here."

The Writings of Nichiren Daishonin, Volume II, "On Polished Wheat" written at Mt. Minobu, Japan to Nanjo Tokimitsu in 1275


Becoming disabled really is a disaster, and it's your own private disaster.  FEMA isn't going to come help you with a place to live and basic services until you get your life back together.  Except for any disability money you may be receiving, you're really on your own.

In my case I'm rather sure that my knees and spine will actually be better than they were before I was hit, and I'm determined that my life should be as well, but in the short term I'm still in recovery mode, and the principle struggle is money.

Social Security Disability, which is my only source of income at this point, only pays a couple of hundred dollars more than my rent, and I've just burned through the remainder of my savings.  On top of that, I just found out that the house I've been living in for the past five years has been sold and I need to move out by the end of July.

Sounds pretty damn awful, doesn't it?

But there are positives as well.  Because I never gave up plugging away at my employer about any benefits or money which I believed I was owed, I found out that I am due some assistance in placing me in another job, as well as Severance Pay, and that the demand that I pay back some money to the company was actually incorrect as I had figured logically it was.  This could mean a new role in the company or at least some much needed money.  This change in status also extended my insurance benefits for months longer without us having to go onto a COBRA program we couldn't afford.

When I spread the news about my housing situation--realize we have really no money for a deposit/first/last right now, particularly in New York City--a family friend immediately offered the rental of a house she's been trying to sell on a month by month basis, and for cheap!  Moreover it's in a location where my costs for everything will be significantly less, including insuring my car, gas, and tolls--all of which are outrageously expensive in Queens.  The house is an hour and change outside of NYC, and ideal for my interests in both Cycling and Astronomy.

It's amazing the results you can get when you never give up.

So now our plan is to move to that house for three months while I find my next job (I have two interviews next week) then save up a bit of money so we can move back to Queens to the same neighborhood.  Then I'm going to start taking classes again, maybe even enroll in a Masters Degree program, and improve my life in every respect.


Sunday, June 24, 2012

And Now the Real Trouble and Recovery Begins



I'm up at 3:47am because I can't sleep. I can't sleep because my mind is not at ease.  With the end of my long term disability benefits from work, and having already been replaced in my job, of course my principle worry is money.  My taxes are a mess and my savings are nearly gone.

I don't know if I'll be able to receive unemployment benefits in addition to Social Security Disability.  I've read that it's possible, but I'm only just about to try for it.  That would really make the difference.

The good news is that my manager had done everything improperly, downright illegal, and now I find that I'm owed some money and support, and that my health insurance will not run out as soon as I thought.  But still, that doesn't save the day.

Do I take any job just to survive?  No.  And that's my advice for the day--or middle of the night.

When you're in this situation, it's somewhat of an opportunity. It's a clean break.  In my case I've felt I went off track when I took that first job in my current career.  I grew up and worked in Entertainment, and also worked in Higher Education and Educational Consulting before.  I came to the realization that I never disliked what I did for a living before, quite the contrary.  I took a series of jobs because the money was great, but I lost what I have to give to the world in the process.

I don't have kids or a mortgage.  I don't need a lot of money right now.  I just have to find that next opportunity that's a fit for who I am and what I have to contribute, and grow from there.

Saturday, March 31, 2012

My Aching Back: Or Any Injury That Is Ineligible For Surgery

For my knees, reconstructive surgery was the only answer.  But when it came to the injuries to my spine resulting from getting hit by a car, there wasn't any torn tissue therefore there was nothing to surgically repair or replace.  I had spine injections--which are surgery but not corrective--and they worked for a couple of months of relief from the worst pain, but ultimately I had to either find a solution or live a lifetime of pain.

I was hit from the side with the car striking both my left knee and the front end of the bicycle directly, which then struck my other knee and ankle.  So my lower half went right and my upper half went left onto the car and then the roadway.  The bike was shot out from under me like a billiard ball, but not before torquing so hard that the Mavic racing wheels both--front and rear--twisted and snapped.  Being that my wheels are made of tougher stuff than I am, you can imagine the force on my spine.  You could jump on those wheels several times and the most damage you would be able to do is bend them a bit--they wouldn't taco and snap like they did when I was hit--so you can imagine what this did to the bone, muscle, and ligaments of my body.

Crashing doesn't compare in the least with getting hit by a car weighing more than a ton.

Anyway, immediately after the accident and for the next couple months I hurt all over.  I was actually afraid to have MRIs done of my hips because I thought I might have to have surgery on at least the left one.  But when it came to my spine I didn't hesitate to have it thoroughly checked out.

The MRIs revealed that I have several herniated discs in both my lumbar and thoracic spine as the result of getting hit, and later x-rays revealed that my spine is twisted in two places.

I was sent to a spine surgeon who said the damage wasn't severe enough to require surgery.  Basically what this means is, after surgery I might not be as functional as I would be if I didn't have it.  So the spine surgeon sent me to a pain specialist who performed a series of epidurals (spine injections) on my lumbar.  While this relieved the very worst of the pain for some time, it was temporary and actually didn't do anything about the cause of the pain.  I was told that eventually, over several years, the herniated discs should get better, but that they wouldn't be as they were before I was hit by the car.  He also told me that he could not perform this same procedure on my thoracic--so no surgery and no pain relief there.

A few months after the injections I felt the pain was almost as bad as it had been before receiving the injections, so I started to get desperate.  I turned to a nearby acupuncturist.  While the acupuncture helped in the couple of months that I tried it, particularly with all the muscle, tendon, and ligament injuries, I didn't feel it was helping my spine.

I then considered laser surgery, but before I tried something invasive I thought I would give a chiropractor a shot, and many of my friends highly recommended I try this option.

Looking on the internet, I found a chiropractor whose narrative was one of his own injury and pain, and how traditional chiropractic methods did not provide him long term relief, but when he was treated with a new technique where they actually move the bones into the correct position rather than simply relieving pain he experienced much better personal results.  In particular, he mentioned cycling, and as I am a cyclist this is what really sold me on trying out his practice.

Until going to the chiropractor ( Dr. Dominick M. Fazzari ) my pain was unending and intense.  On a scale of 10, at times the pain in my spine was a 9 (near tears) and most of the time it was a 7.  There was no position, sitting, standing, or laying down which was pain free.  Most particularly in my thoracic, the change was very impressive.

I have to say there still is no position which is pain free, but the pain has become more generalized, therefore less intense.  There have also been very positive changes particular in my posture and the alignment of my hips--so I limp less severely as a result of the chiropractor's treatment.  I remember thinking after the first couple of treatments that I limped in, but I walked out.

The main point of this whole story is, it's important to not only get a second opinion when you hit a wall on treatment, but to try various treatments to find a solution that will work for you.  The surgeons and pain specialists would never recommend a chiropractor for example, but they would recommend the acupuncturist.  And while the acupuncturist was very effective, ultimately much like the pain specialist, it was not the ultimate solution.

Ultimately, it's going to take years and a combination of treatments to get my spine and knees to full function again, but I am confident that so long as I continue the effort I will eventually recover full, pain free functionality.

Monday, March 19, 2012

Survival Mentality: Keep Your Spirits Up, Have Goals

I was watching an interview of Bear Gryllis by Anderson Cooper on CNN and was struck that he said the same things I say to people about surviving all sorts of extreme situations, such as physical rehabilitation, unemployment, or an even more serious personal tragedy.  He even has the same favorite quote by Winston Churchill who said, "If you are going through hell, keep going."

Most people don't realize that Bear at one time broke his back in three places.  His spine!  He went through a year of rehabilitation, and then climbed Mt. Everest with his father, who initially taught him how to climb as a child.

And of course everyone knows Lance Armstrong's story.

Thoughts of doom and gloom can be self-fulfilling.  If you don't have the will to persevere, to survive, then you wont--whether it's coming back from a terrible injury, an illness, being literally trapped and waiting for rescue, loss of a loved one, the end of a dear relationship, or unemployment.  People who are great survivors aren't usually survival experts, they typically have something else that sustains them and makes them more than the sum of their experience.  It could be faith, family, or a sense of mission for example. 

In my case, I've been though hard times in my life, particularly in the last several years, and I've won every time.  So getting hit by a car, going through surgeries, and rehabilitation is comparatively easy.  I am determined that this isn't going to end my lifelong love of cycling or active lifestyle, and with that in mind I have already bought my replacement bike: a 2011 Trek Madone 5.2 .


Sweet, right?

Monday, March 12, 2012

Today's Independent Medical Examiner is a Chiropractor

I have to go to the Independent Medical Examiner today. This one is a chiropractor. Basically, this is where no matter how injured you may be, the doctor is paid to say you are fine so the insurer can deny your claim. You could lose a leg and the IME would say you walked normally and required no further treatment.

I notice that they always have these examinations here in New York City in the most difficult to get to areas, and when you get there the waiting area is designed for discomfort, especially for the disabled.

The last IME appointment I went to, I had to wait about three hours and my spine was killing me. While there, I met someone who had been sent to an IME four times in a row and each time, after waiting for hours, they told him that they were done for the day and would have to reschedule him. I told him that legally they couldn't do that--as it was clearly unreasonable. The strategy was obviously that this person is very seriously injured, that there's no denying it, but if you keep requiring him to go to these appointments eventually he will miss one and then they can not only cut off his claim but refuse to pay any outstanding charges for treatment he has already received.

Lovely business, insurance.

Monday, March 5, 2012

When You Can't Go Cycling Due to Disability: Exploring Your Other Interests

In my case, cycling is my main thing, but you may have an activity which is just as dear to you which you can't do after an accident.

One time, when my wife and I had begun dating seriously, she actually said to me while standing in my apartment in Narashino, Chiba, Japan--which was more like a bicycle garage with a bed and a TV in it than a place to live--"You love cycling more than me, so you have to choose--me or cycling."  I smiled and replied, "It was nice knowing you."  I wasn't calling her bluff; I thought I shouldn't have to give up riding my bicycles for the sake of a relationship.  If I couldn't be a cyclist, then I couldn't be me, and therefore could not be happy.

She huffed, but didn't leave after presenting this ultimatum, and these days she actually looks forward to and supports my avid cycling habit--because it gets me out of the house and she gets to spend quality time with the television without distractions.

So fast forward to post-October 2010 when I became unable to go cycling.  I'm home for all but doctor appointments and physical therapy and particularly at first both of us were genuinely miserable with this new reality we suddenly found ourselves in, where I would not be riding at all.

I dealt with this exploring my other interests more deeply.  I started writing and reading more again--as I used to before moving to New York City--had just managed to save up for a planned purchase of a telescope and all its related equipment a few months later, and I have been strengthening both my practice of Nichiren Buddhism as well as the various wonderful relationships I have in my life with friends, peers, and family.  Despite being genuinely sad about not riding, I was able pour myself into other things which I could do.  I now absolutely love Astronomy, have rediscovered my love of reading several books at a time, writing, and something I used to not enjoy at all which is driving.  In fact, I think this time I've had to reflect on my hobbies and other talents will positively change my career and academic path.  I've even made some new friends amongst whom are professional Astronomers, and even an engineer from the Apollo missions.

While I consider it fortunate that I was hit in October, at the end of the season, so that I effectively will have only missed one full season of bicycle tours if I fulfill my goal and start riding again this Spring, I have also discovered that I am not some miserable bloke with only one joy in life--oh, yeah, and I have a wife too so I guess we have to count her in and call it two joys in life.

I don't feel it will be very hard to get back into cycling at least as strongly as I did before, especially as my many cycling friends have been simultaneously teasing and encouraging me to ride with them.  I don't think they even know what I look like in regular clothes!  At the same time, I don't want to toss aside this wealth of rediscovered interests and the new friends I have gained along the way.

In fact, as soon as I'm settled in a job and riding again, I'm strongly considering taking courses in film school.

Wednesday, February 22, 2012

No Fault And Doctor's Appointments: Some Basics You Should Know

If you were hit by a car in a No Fault state the first thing you need to know is that you can, and should go to any provider of care that accepts No Fault.  In New York this includes orthopedists, chiropractors, and acupuncturists.  You do not need prior approval, a referral, or have to choose from a list of pre-approved doctors as you would with an HMO or Workers Comp.  You do not need to contact the insurance company--in fact you should never speak to them directly unless your lawyer says you have to.

This is important not only so that you can get the proper care as soon as possible, but because it also supports your case against the driver's insurer and possibly the driver if you cannot receive an acceptable settlement from the insurer.  Remember, the auto insurer has claims people whose job is to reduce the amount of money they need to pay for your injuries.  The insurer would really love it if you didn't go to the doctor, they had their Independent Medical Examiner look at you, and then they could cut you off from receiving any medical care AND reduce the amount of liability money you would have received otherwise.

So in my case for instance, I was told at the Emergency Room the day I was hit that I should go to my regular doctor a week later for a follow-up.  Instead, I went straight to the orthopedist.  I went to the front desk and simply asked, "Do you take No Fault Insurance?"  They said yes, and I made an appointment.  If I had gone to my regular, general physician he probably would not have realized how badly injured I was, or referred me surgeons--and even if he did, for lack of a specialty his diagnosis would not have carried as much weight.

If that doesn't convince you, consider this.  When the insurer sent me to an Independent Medical Examiner, they sent me to an orthopedic surgeon; he was a quack who just denies claims all day, but he was a surgeon.  If the insurer feels they need a surgeon to deny your claim or cut you off from care, then certainly you need a surgeon on your side.  And it's paid for by No Fault, so you really have no reason not to see a surgeon.

The other main thing you need to know is that you can go to as many doctors as you like, but you can't go to two of them in the same day.  This includes Physical Therapy.  So in my case I can't go to a chiropractor or go to a follow-up with the surgeon and go to Physical Therapy on the same day.  So if you are receiving care from multiple sources, make sure to schedule them out.

Also don't let a lapse of time go between getting care and simply resting.  If you're not receiving treatment for a time, this indicates to the insurers--including Disability or Workers Comp--that you no longer need care.  As hard as it is to keep going, as much as you would love to take a month off from getting electrocuted, stabbed with needles, going to Physical Therapy, and getting your bones manipulated, you can't stop until you are 100% and ready to go back to your normal life.

Monday, February 13, 2012

Having a Strategy: Plan Ahead for the End of Your Disability Period

If you get a load of money, a major windfall either from the settlement with the driver's insurance or in court, there are generally two things you can do with it in my opinion.  If you have the discipline to save it or some significant portion of it, and you don't have any dire need to spend it, then by all means sock it away for retirement or a big purchase such as the down payment on a home.  If you have been constantly behind the eight ball though with high credit card balances and bills piling up, and particularly if you're prone to squandering money, then if you are going to blow it then blow it on debt relief.

Personally, I was somewhere in between.  I had student loans I could never seem to catch up on, and in the past year I had bought my first car, which was financed with fairly outrageous terms.  So day one I killed off two student loans completely--gone, a tremendous weight off my shoulders.  Day two, I paid off that car loan in cash.  Between the student loan and car payments I would no longer be making I reduced the amount that I would be paying out monthly by over $700.  That's over $700 more cash, in my pocket, every month--or well over $8,400 per year.  It's like giving myself a raise.  By paying off the auto financing only six months after I bought the car, I also saved myself over $8,000 over the next four years--so now we are up to well over $10,000 a year that I get to keep in my pocket over the next four years.  No more worrying about missing a payment or two on my car due to a period of belt tightening, or not having a car to get to better job opportunities and places to live (and enjoy cycling of course), the car is mine.  And no more student loan officers chasing after me.

Of course I had a decent amount of money left after that, and decided that it would be best to buy things which I was going to need to buy eventually anyway.  I had some broken down old furniture which I bought used and never intended to be permanent to my life which I replaced.  I finally bought my wife a decent bookcase, and I bought some electronics which were very reasonably priced.  I also was able to buy my wife a trip to visit her family and friends back home--in a foreign country--without it being a real belt tightener.

But then there are the unexpected expenses of Disability that you should set aside some money for, and when you think you have enough to tide you over, think again.

In my case, once I was approved for Social Security Disability I received a lump payment back to June--when my Long Term Disability insurer started paying on my claim.  That meant that there were thousands of dollars in overpayments to me as the Social Security Disability payments reduced the amount of my benefits from MetLife.  Since I didn't want this to drag out so that I just ended up under the gun with them for years to come, I told them to keep the money they would have otherwise paid me until the overpayment was settled.  That was two and a half hard months and at the end of it I didn't have much left other than what I invested--but it was worth it.

And it seems as soon as you have some money, people are coming at you from all sides to take it.  I can't go into the details, but you might literally need a bit of a war chest for the messy period between the end of your Disability period and being employed again.  You cannot count on your employer fulfilling their legal responsibilities to rehire you or even to not literally penalize you for being disabled; they may act illegally counting on the fact that you do not have the money to hire a lawyer and fight for your rights, or that you may be ignorant of what your rights are.  In any case, you should assume that at the end of your Disability period, you will most likely need to find another job.  Even global mega-corporations can get very petty, making it seem like you went AWOL even though they have been made well aware of the physical impossibility of you doing your job for some time.

Bottom Line, on the positive side: Look at the long view.  This is probably a once in a lifetime event for you, you will get past it, and ultimately you will have the benefit of having used that windfall you received in Liability money to your maximum long term benefit and having your injuries treated as best they could be.

My goal at the end of all this is that my knees and spine will be even better than they were before I was hit.  After all, I just had a major overhaul done, not only physically, but financially as well.  So long as you're smart about how you manage your Disability period, your physical treatment and recovery, and your financial stability, ultimately everything is going to be as good or better than it was before.

Friday, January 6, 2012

Two of My Friends Were Doored and Did EVERYTHING Wrong!

In both cases they were doored, injured, and their bicycles were damaged.  The first didn't have the sense to call 911 and now the insurer is trying to claim the accident never actually happened (so how did he get the driver's insurance information?).  He contacted my lawyer and I'm sure things will work out as best as can be given there was no police report at the scene of the accident.  The second one just happened, doored by a really huge SUV, and telling by the rather massive amount of damage he did to the SUV he will be lucky if he doesn't need surgery.

But here is what the second friend really did wrong.  He did call 911 and a report was filed, but he didn't go to the ER and actually rode home, injured, on a bicycle with a now trashed front wheel.  At the very least, he's going to need a new wheelset which will cost at the very minimum $200 plus installation, adjusting the derailers, transplanting the gears, et cetera.  He also believes he's OK, but has a lot of pain--which sounds very familiar.  He doesn't even want to go to see a doctor because he believes he can't afford the time off or expense, when in reality he can't afford not to do it and will absolutely receive at least a few thousand dollars in liability money from the insurer.  He doesn't want to contact a lawyer.

This second one actually sounds even more familiar than the first.  My friends practically begged me to contact a lawyer after I got hit, and it took me quite a while to come around to actually doing it.  I also thought I was going to be fine, and wound up having multiple surgeries and living on Disability for over a year.

Bottom line is, if it was nothing then you wouldn't bother telling anyone about it much less calling 911.  When you are in an accident, you should do nothing less than treat it as if you may be massively injured.

Friday, June 10, 2011

Settlement with the Insurance Company of the Driver Who Hit Me

I reached a settlement with the insurance company of the driver who hit me for all but 5% of the full liability limit on the policy--which is $100,000.  The lawyer gets a third and there is an additional few hundred dollars taken out for fees related to filing against the driver and their insurance company for liability in court.

That may seem like a lot of money, and in fact some of my able bodied friends even commented, "Sounds like it's worth it!"  Trust me, it's not.  If someone proposed paying me far more than that to get hit by a car, lose my job, go through multiple surgeries, do all the paperwork I've had to do, not do the thing I love to do best for a year, go through at least a year of physical therapy, and have to build my strength back up from zero, I would spit in their face.  

This is not a reality show.  I was really injured, and I have had a hell of a lot of pain and suffering.

So then you might wonder why I settled for the limit of the insurance rather than take the driver and Utica to court considering the fact that my case is worth $300,000 at the minimum.  The main reason is that I don't have job security.  I had only started in my new job one week before getting hit, and as predicted going out on Disability immediately afterwards means there really is no way I will be able to return to it.  Let's just say the environment at work was not kind to the freshly disabled, even with a number of board certified surgeons swearing I was unable to perform my job (or even get to it) due to my injuries.  Bottom line: If I took them to court, I would be looking at winning the case probably two or three years later, and even after I won it would be a fat chance that I would ever see money from the driver who hit me.  If I had been in my job for several years, and knew I could return to it at the end of all this, no doubt I would have taken the case to court.  Likewise, if they offered me even $20,000 less I would have taken them to court.

Here's how it went.  The driver was served about two months earlier, and given a deadline to respond.  If she or her insurance carrier did not respond by the deadline then that would mean a decision in my favor automatically.

Like I wrote in an earlier post, Utica had blocked out all the surgical facilities in advance of my second knee surgery.  The strategy there was to not only avoid paying for the surgery, but to not pay the liability.  If I didn't fight the whole way, I could have ended up with only the left knee having been reconstructed, having my right knee and back disabled for life, and getting paid a small fraction of the liability money for pain and suffering that I had coming to me.  Since I did have the surgery, they then had to face the fact that they were in for a large amount, and it would cost them more to fight it than to simply pay up.

First they wanted to try offering me $70,000 but they knew I was a professional who was going to fight so they offered $90,000 which is just $10,000 short of the policy limit.  How do I say no to $90k? I did knowing that my case is worth at least $300k.  They were literally nickel and diming me.  But I also understand the pressure someone in insurance is in to get even a small reduction.  Giving them 10% would be like me paying them a service fee, and I wasn't willing to do that, so I instructed my lawyer, Robert S. Fader (link below), to tell them we needed the whole $100,000.

Utica's response was ridiculous.  Their representative said they were only authorized to offer $90,000 and that simply wasn't true.  If the policy limit is $100,000 then that's what they are authorized to offer you in a settlement.  They talked to their supervisor and came back in less than an hour with $95,000 and I agreed immediately.

Honestly, later on I regretted not going back one more time and telling them we need the entire $100k or we're going to court.  It's only 5% but on the other hand it's $5,000.  I finished off one of my student loans for about $4,300 and paid off about $700 in credit card balances--so there's an example of where I could have used another $5,000 right there.  And it wasn't like I didn't deserve it for my injuries.  Ultimately, if I pushed more, I may have ultimately accepted $95k without regret, but I do regret that I didn't give it that one last little shove.

OK, so like I said, I only saw about $63,000 of that money after paying the lawyer and court fees, and that still seems like quite a lot of money, but it isn't.  Consider what you would do if you won that much money--after taxes--in a lottery.  Sure, you might dream of world travel and a fancy car, but if you were smart like I am, you might catch up on buying some items that you really needed anyway, treating yourself just a little bit, paying off the car you already have, killing off some if not all debt that has been hanging over your head and never seems to go away.  And that's exactly what I did--with money left over of course.

Day 1, I immediately paid off my car loan.  Had I chosen instead to just make the regular payments through the end of the finance term, I would have paid $7,000 more for the car.  I also paid off a couple of student loans, as well as all credit cards.  By doing this--no exaggeration--I just reduced the amount of money I pay out in bills by over $700 per month. That's $8,400 a year that will stay in my pocket without the interest on it going to various financial institutions!  I don't know about you, but to me that's quite a chunk of money.

Basically, anything that has an interest rate on it needs to be paid off right away before you can even think about having any fun.  Just do it.  But also consider this before you settle your case against the driver and their insurance.  After you do whatever you need to do with the money, including paying the lawyer and killing off debts, is the amount that is left worth it to you given what you have had to go through with your injuries and all you have had to do to get it?  

In my case, I have to say the answer is no, but I balanced it against waiting another two or three years to settle this case for the amount of money it would receive in court, and then fighting to collect it.  The benefit is, I'm done and I have the resources to get me through to the next stage of my life, which may include a whole new career (or returning to the old one I liked so much) and relocation for all I know.

Friday, April 29, 2011

The Five Borough Bike Tour Kicks Off Bike Month and the Cycling Season in New York City: What to Do in Case of Accident

When I was hit, I nearly didn't follow my own advice, and I'm really glad that I did.  I suggest that you commit these basics to memory, or even carry a card with these instructions on it for every ride, tour or not.

If You Are Hit or Have an Accident During a Bike Tour:

Call 911 (or have a Ride Marshal call for an ambulance);

Make sure either you or the Police (not a ride marshal or other rider) take down the contact and insurance information of the person who hit you or who you collided with (always carry ID of course);

Get in the ambulance and go to the Emergency Room (keep all papers you receive from police, ambulance, and ER);

See if someone can take your bike for you, and make sure to exchange contact info so you can get it back;

When you get home, contact a lawyer even if you think you don't have a case in the event that it turns out you do (the lawyer will tell you if you have a case or not, and get paid a percentage of whatever is due you--which will be significantly more than it would be without a lawyer);

Contact your insurance company about any damage to or loss of your bike--if it's someone else's fault they will recover the deductible from their insurer.  (Don't let the other person's insurance company determine the damages.  If you don't have insurance, take it to a bicycle shop and have their claims adjuster inspect the bike there along with YOUR bike mechanic).

See an orthopedist one week after your visit to the Emergency Room.  (If it's on No Fault you can go straight to an orthopedist who takes No Fault insurance--so you don't have to use your own;  if it's on your insurance, and it requires a referral from your general practitioner, visit your doctor the very next day and get the referral--but absolutely go see the orthopedist).

Anything that hurts a week after, get an MRI.

Long Term Disability: Approved!

I purchased my own Long Term Disability (LTD) insurance through MetLife back in late September when I started my new job, and I purchased the higher limit which pays me 66.66% of my regular salary starting from six months after I go on Disability.  That first six months was covered by Short Term Disability.

Putting in a claim for LTD was not nearly as easy as it was for Short Term Disability (STD).  With STD, I simply had to have my doctor fill out a form every couple of months, fax it in, and it was approved.  For LTD they needed statements from me, my manager (who definitely was not on my side), and the principle medical provider --for the first part.

After that initial submission they sent me a package asking for more details--a self-description of my condition and ability to perform work and normal daily activities.  And I submitted this along with a pharmacy record, and another statement of attending physician.

Then they contacted every physician who ever treated me over the last several years, to make sure that I never went to any of them about the knee or back conditions I was being treated for prior to me purchasing the LTD insurance.

The good thing for me is that I rarely have been to doctors before being hit by a car on October 2 last year.  My entire pharmacy history was pain relievers, and only doctor visits were for check ups and flu shots.  In other words, I was a mighty specimen of health before getting hit.

Still, of course I was nervous.  I knew my job was kaput, and if I didn't get this LTD money I wouldn't be able to support my wife and myself.  I wouldn't be able to pay for my car or rent.  And I would fall deeply in debt.  I would lose everything because a driver couldn't bother to stop before the crosswalk when she had a red light one day.

So when I received the call the other day, telling me my claim was approved, it was a giant relief.

I've been buying this insurance for years, but now wholeheartedly endorse it adding that if you don't buy Short Term Disability and Long Term Disability insurance that's available to you, you're out of your mind.

Thank you MetLife.

Auto Insurer Preemptively Blocks Surgery

Want to read something outrageous?  The No Fault insurer contacted ALL the surgical facilities in my area in advance to tell them that they would deny any claim for surgery performed on me, saying the surgery is 'not medically necessary.'


Of course I had the surgery anyway.


So what happens next is the claims will be submitted to the no fault insurer, and when they deny the claim it will go into arbitration, and they will have to pay anyway.  All they've done is delay payment, and cost themselves more in fighting it.  This is one of the many unjust reasons your insurance premiums are so high, not entirely because of bad drivers, but because insurance companies and the firms they hire to perform bogus 'independent' exams are allowed to spend great amounts of money to deny and arbitrate claims that they know they are supposed to pay.  They know!  And yet this is standard practice, which is costing you money and injured people in many cases their physical abilities or even livelihoods.


Naturally you ask yourself, why would they bother doing this when they know that the surgery is medically necessary and they will have to pay for it?  The fact is, most of the time when an insurance company throws up obstacle after obstacle in front of an injured person, even though the injured person is right they will give up.  For example, imagine if I, like most people, didn't have my own Disability insurance, I couldn't work, and I wasn't receiving even the inadequate amount of money that the insurer is obligated to pay for lost income (about $2,000/month)--which they haven't paid a dime of yet.  Obviously I could not afford the time off work and therefore the surgery, and eventually I would maybe get a couple of thousand dollars out of them for pain and suffering, but no treatment.  Further, if I didn't have my own property insurance, or know how to use it as I described in an earlier post, I wouldn't even have a bike to ride.  In other words, I would have been disabled for life, and lost the ability to do something which is not only a normal activity for me, but dearly important to me as well.


That's what they do, to thousands, perhaps tens of thousands of people every year, who have been injured.


--------


OK, so now that we have that out of the way, a bit about this latest surgery and how it went.


The first surgery, on my left knee was done at Surgicare in Manhattan.  The right knee surgery--which was the same surgery--was done at Manhattan Eye Ear and Throat (MEET), also in Manhattan.  Both facilities are excellent, but I can do a little comparing for those of you who might be in the position of choosing one or the other.


Since this was my second time in less than six months having knee surgery, I went prepared.  I brought a book, my iPod with a movie rental download, my glasses, mobile phone fully charged, and various other little comfort items which I was or would have been allowed to use while at Surgicare for the first surgery.  This preparation was almost completely useless at MEET.


I arrived early, at about 5:45am, was done with the paperwork in a flash, then taken to a locker room to change into my surgery clothes.  I was not allowed to take anything with me while I waited for surgery to begin, so the iPod and all  were not worth bringing for pre-op.  However, at Surgicare I had a lot of paperwork to do and quite a long wait compared to MEET where I only had to sign a few things (after reading them of course) and hardly waited at all.  Even if I was allowed to bring my things, I wouldn't have had time to use them.


Honestly, I'm not sure which of the two experiences I liked better.  Both were rather decent; MEET is a bit fancier of a hospital, but who really cares when you're not even awake most of the time.  MEET has tiny TVs with streaming news, but without being allowed to bring my glasses to the waiting area I couldn't see them and the volume wasn't high enough to hear anyway.  At Surgicare, I had a good amount of time before and after to mentally even out, lots of people came to talk to me, and though I had to fill out a lot of paper work it really wasn't bad at all.  For the surgeons, I'm sure MEET is better, but for the patient it's a toss up.


By this time, my surgeons knew me, so when they came over to talk before the surgery it was more like were shooting the breeze.  They said they never saw anyone with such huge, muscular legs as me.  I told them it was really due to cycling all my life.  I told them I had done a fresh cycling leg shave a couple of days before, so one less thing to do, and that I would be taking my new knees up Mount Fuji next year--which I genuinely plan to do.


OK, so all rather boring, and that's what I really want you to know.  There is nothing to be scared of or nervous about.  By the time you're getting prepped for surgery, you've been checked in every possible way to make sure you actually need the surgery and that you're healthy enough for it.  All you have to do is relax.  Your big job is going to be physical rehabilitation afterwards.


The anesthesiologist came, put a tube in my arm and the next thing I remember I was sitting up in the recovery room being asked if I wanted coffee or juice.


Then they asked me if I had any pain.  I said I had a little so they gave me a Percocet.  This was a mistake.  A little while later I threw up.  I had an empty stomach--hadn't eaten in over fourteen hours--so what was this yellowish stuff I asked.  It was bile--which according to Wikipedia is "(ater (85%), bile salts (10%), mucus and pigments (3%), fats (1%), inorganic salts (0.7%) and cholesterin (0.3%)) which is produced by the liver."  That "ater" part is basically cholesterol as I understand it.


My brother arrived around 1:30pm--a little later than the planned 1pm.  At Surgicare they told us 1pm, that's when they woke me up, and my brother was sitting right next to me.  At MEET they woke me up right after surgery at about 11:30am, and the expectation was that I had some poor soul waiting in the lobby since before dawn--so Surgicare wins on that point.  MEET is a lot busier facility.


We went out front, flagged down a taxi, rode it home, deposited me on the sofa, chatted awhile before sending my brother off to the one pharmacy in my area that takes No Fault for prescriptions without me having to wait for them to get paid first, he came back, I gave him a bottle of Michael Collins whiskey--from the last independent whiskey maker in Ireland by the way--as a thank you, and he went home.


For the rest of the day, I attempted to eat and threw up absolutely anything that went down my throat, except for some homemade bread my landlord had made for my wife and me, with a bit of Smucker's Natural Peanut Butter.  The next day I asked the doctor if it would be OK to take Pepto Bismol along with my medicine and he said OK--so long as it wasn't anything with other medicine in it.  The Pepto Bismol saved me from throwing up after taking Percocet from then on.


And that's my story for now.

Tuesday, April 5, 2011

Long Term Disability Application, Getting Ready for the Second Knee Surgery, and How I'm Doing in General

My next surgery, on the right knee, is scheduled for April 18, 2011.  I received a letter from the No Fault insurer requiring that I appear for an IME (Independent Medical Exam) to re-examine my condition on April 20.  Insert your own punch line here.

Financially I'm basically not bad off, but nervous of course because my Short Term Disability coverage will end on June 3 and I am currently submitting a claim for my Long Term Disability coverage through MetLife for any period thereafter that I continue to be disabled.

Submitting a claim for Short Term Disability and getting it extended is fairly easy.  So long as I am genuinely disabled my attending physician / surgeon will certify it and that's about all there is to it.

With my Long Term Disability there is a lot of work to do, but it hasn't been too bad so far.  MetLife sent me an initial package which consisted of a Personal Statement, a Physician's Statement, and a job profile from my manager at work.  Then they do a phone interview.  At this point it's been verified that I am injured and what my basic losses are in terms of income.

Then another package arrives, and this is where the real work begins.  There is another personal profile basically asking the insured to describe their own disability and limitations.  I am also required to show my work history for the past fifteen years and to apply for Social Security Disability.  If I am turned down for Social Security Disability, I am required to appeal.  Any money received from Social Security Disability, the insurance of the driver who hit me, or any other source providing for lost income will reduce the amount I receive from MetLife--so that my total compensation during my period of disability does not exceed my insured loss (which is 66.66% of my salary).  Additionally, I must provide a pharmacy record to basically prove that my disability is not the result of a pre-existing condition.  This process is meant to both confirm any income I may be receiving, and verify that my disability is the result of the particular incident which I claim caused it.

This is an important point about insurance in general.  The sole purpose of insurance is to return the insured to the state or condition they were in prior to the loss.  My bicycle for instance, which I discussed in an earlier post, had a loss paid equal to the cost of replacing the bicycle with a current, similar model--less depreciation of my old bicycle (which I object to, but them's the breaks); insurance doesn't pay for you to be in significantly better circumstances or with a superior replacement for your losses. Of course, being compensated for losses isn't necessarily a matter of money either.  An insurance company may choose to repair or replace something that is damaged rather than write a check.  The bottom line is, the compensation provided by an insurer for a loss should never be expected to exceed the value of the loss.

Having a loss is never like hitting the jackpot.  Your goal in dealing with the insurance after an accident is to be compensated for your losses as well as for any personal injury--such as pain and suffering or a significant change in circumstances such as the loss of ability to live, work, and even love as you would have had the accident never happened.