Tbilaw.com has been at the cornerstone of the web advocacy of the Brain Injury Law Group since it went online in 1996.For a full treatment of the topic of brain injury, and recovering adequate compensation for those who have survived such injury, please visit our other pages.
Waiting.com, a page designed to assist those with issues regarding coma, especially in the acute phase when the doctors are saying "I just don't know."
Vestibulardisorder.com addresses vertigo and dizziness resulting from trauma as well as information and resources for vestibular disorders.
Subtlebraininjury.com focuses on all aspects of concussion and non-coma injuries.

The social security program is run by the United States government and is the program that provides benefits to more brain injury survivors than any other. Almost all survivors of a moderate or severe brain injury, with the proper representation and case presentation, should eventually be found to be entitled to social security benefits. Many mild brain injury survivors will also qualify for social security disability.

Practical Rule for Social Security: Apply on day one.

The problem is that social security routinely turns down, or unnecessarily delays, acceptance of even severely injured survivors.

The basis for such denial is almost always the standard that in order to be eligible for social security, the survivor must be totally disabled for a period of one year.

Typically, at the time social security first evaluates the claim, it will not have been one year from the date of injury. If, at that time, the doctors are saying anything like: "We will just have to wait and see," social security may turn the application down with the following language:

"We have determined that your condition is not expected to remain severe enough for 12 months in a row to keep you from working."

The doctors won't say how fast the survivor will improve, which leaves social security with the opportunity to conclude that some work will be possible within a year. Thus, the initial application gets turned down.

The good news is that social security takes so long to process applications, that by the time a hearing is finally heard, there should be no question that the disability has lasted a full year because a full year will have lapsed.

"FOUR MONTHS!!! What a concept! It took us 2 1/2 years post tbi to get SSDI."

Simple rule for social security: don't give up. It is a three step process to get a hearing, but chances of winning at a hearing are excellent. The process can be summarized as follows:

A survivor applies for benefits, after several months of form filling and waiting for medical reports, social security will make an initial determination. If the bureaucrat handling the file finds some theory as to a quick recovery, the application will be denied. However, the denial will clearly explain how to request a reconsideration. 60 days is allowed for asking for a reconsideration, but do it as fast as possible

On reconsideration, another bureaucrat will look at the initial medical evidence, as well as any new medical information. While in most cases, reconsideration doesn't result in reversal; with the increasingly clearer picture of the extent of recovery as time passes, it can make a difference with brain injuries. If the treating doctors are issuing clearer opinions, the application may be accepted at this point. Again, the delay increases the chance of success.

If the reconsideration results in another denial, then the survivor must again appeal. It is at this stage that the claimant gets a hearing. It is also at this point that it becomes compelling to consult with an attorney. Experienced social security attorneys have excellent track records of success at hearings.

Frankly, attorney fees in this area are a bargain. Fees are almost always done on a contingent fee basis and work out to be quite reasonable in amount. Most lawyers today are limiting their fees to 25%. At the hearing, an administrative law judge will re-examine the medical evidence, as well as hear testimony presented by the applicant. Such testimony may include first hand descriptions of the survivor's difficulties by family members, co-workers or employers. For additional questions http://www.nosscr.org/faqind.html.

Odds are that an administrative law judge, presented with the proper evidence, will find that the disability is severe enough to meet the social security standard. If you can get a neuropsychologist to testify, your chances go up considerably.

Eligibility for social security, whether it be through SSI or SSDI not only opens the door for monthly payments, it may also provide payment for medical bills and other benefits.

SSI is short for Supplemental Security Income. It pays monthly checks to people who are:

• 65 or older,
• or blind,
• or have a disability

and who don't own much or have a loss of income.

SSI isn't just for adults. Monthly checks can go to disabled and blind children, too.

People who get SSI usually get food stamps and Medicaid, too. Medicaid helps pay doctor and hospital bills.

SSDI is short for Social Security Disability Income.

Disability under Social Security is based on your inability to work. You will be considered disabled if you are unable to do any kind of work for which you are suited and your disability is expected to last for at least a year or to result in death.

You can receive Social Security disability benefits at any age. If you are receiving disability benefits at age 65, they become retirement benefits, although the amount remains the same. Certain members of your family may also qualify for benefits on your record. They include:

• Your unmarried son or daughter, including an adopted child, or, in some cases, a stepchild or grandchild. The child must be under 18 or under 19 if in high school full time.
• Your unmarried son or daughter, 18 or older, if he or she has a disability that started before 22. (If a disabled child under 18 is receiving benefits as a dependent of a retired, deceased, or disabled worker, someone should contact Social Security to have his or her checks continued at 18 on the basis of disability.)
• Your spouse who is 62 or older, or any age if he or she is caring for a child of yours who is under 16 or disabled and also receiving checks.

• Social Security Number,
• Medical Records from doctors, therapists, hospitals, clinics, and caseworkers,
• Laboratory and test results,
• Names, addresses, phone and fax numbers of your doctors, clinics and hospitals,
• Names of medications,
• Names of employers and job duties for the last 15 years,
• If you are filing for a child, you also need school records regarding your child's disability.
• IMPORTANT NOTE: Don't wait to file your claim for disability payments even if you don't have all this information.

The Social Security Administration has about 1,300 offices in cities and towns across America.

They may be reached at their toll-free number 1-800-772-1213. You can get recorded information 24 hours a day, including weekends and holidays. You can speak to a service representative between 7 a.m. and 7 p.m. on business days. Their lines are busiest early in the week and early in the month.

People who are deaf or hard of hearing may call their toll-free "TTY" number, 1-800-325-0778, between 7 a.m. and 7 p.m. on business days.

Below is the link for the United States Government Page on Social Security. Note: For new users; clicking below will exit this site, to return, hit back.

http://www.ssa.gov/SSA_Home.html

NEXT: SGA

"No head injury is too severe to despair of, nor too trivial to ignore."- Hippocrates

 

Understanding Subtle Brain Injury

The concussions that disable, are almost always more symptomatic at 24 hours, than at the 2-4 hour time frame when injured persons are evaluated in the emergency room. Brain injury symptoms escalate over the first 24 hours, because brain injury involves a cascade of events. It is critical that if you are still symptomatic the day after your injury, go back to the same Emergency Room, don’t wait for a doctors appointment. It is critical that the Emergency Room personnel see that the symptoms still persist or have gotten worse.

Contact the
Brain Injury
Law Group
1- 800-992-9447

This site is brought to you by the advocates of the Brain Injury Law Group, a community of plaintiff's trial lawyers across the United States united by a common interest in serving the rights of persons with traumatic brain injuries and a common commitment to fully understanding the anatomic, medical and psychological aspects of TBI.

The Brain Injury Law Group is involved with a network of plaintiff's trial lawyers across the United States united by a common interest in serving the rights of persons with traumatic brain injuries and a common commitment to fully understanding the anatomic, medical and psychological aspects of TBI, so we may be of better service to the survivors of brain injury. This network of lawyers are not part of a national law firm. We have separate law practices and are licensed to practice only in our home states.

The Brain Injury Law Group is here to listen and for that reason we maintain an 800 number and a staff willing to discuss your case and legal information where appropriate. There is no charge to call. We only represent people on a contingent fee basis and charge a fee only when we recover for the client. For more on Attorney Gordon Johnson, click here.