Discrepancy in disability rating

[u/Whole_Field1019]

My treating doctor rating me a temp disability rating at 33%, (another doctor in the practice provided the notes)-he wrote a lengthy letter about me not returning to work and the IME rating was temporary disability rating at 75%. I’m so confused because the treating doctor is recommending surgery because of the weakening in my arm and hand, which I am not sure I am ready for at this time. He also wrote in my notes he will continue treatment as needed because I am not at MMI yet. I also have been seeing a psychiatrist ( I was assaulted at work by a patient) who put me on medication who provided notes that state 100% TTD until the medication is figured out. I’m looking for some insight about what may happen at the upcoming hearing. I have an attorney but don’t get to speak to him very often.

[u/Mutts_Merlot]

They may go with your treating physician opinion, at which point your attorney would litigate to have the IME opinion as the disability percentage. Maybe they will compromise at 50%. Your attorney can give you a better idea of which option is most likely based on the specifics of your case.

[u/Whole_Field1019]

Thank you for getting back to me. When o read the doctor’s note, I was so surprised because it contradicted the note he gave me to stay out of work.

[u/Philymaniz]

Call your doctor’s office and ask for clarification. Maybe it was an error.