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-   -   Disability fighting (https://www.neurotalk.org/traumatic-brain-injury-and-post-concussion-syndrome/103060-disability-fighting.html)

concussionkate 09-15-2009 09:50 AM

Disability fighting
 
Hi guys,

I'm real stressed about disability right now. When I first hit my head and couldn't work, I was just under the impression that I'd take a couple weeks off and then go back. I was under that impression until this last doctors appointment. My employer told me after this last appointment that they had to start looking for someone else. It's a small business, so they are entitled. This is really the first time I would consider myself in need of disability, so I submitted the form and got rejected.

I called the disability insurance company and they say I have to appeal to Albany because the claim was filed more than 30 days after my first missed day of work. I'm worried that they will never approve it! My employer never presented me with the DB 271S form when I stopped working, and that may be a way for me to still get it approved. Apparently they are supposed to give you that form within 5 days of you being disabled.

Yuck! I'm so stressed about this right now. I guess I have learned a lesson. If I ever miss even one day of work, I suppose I should file for disability right away? ;-) Just kidding. I know I'm being a bit dramatic, but it's just more frustration to add to my frustration.

I'm going to do some research on what my other options might be if I do get rejected from my employer's disability insurance company. Any ideas?

Mark in Idaho 09-15-2009 11:18 AM

kate,

You need to find an advocate to help you. It can be difficult to get the procedure and timing correct when dealing with a head injury.

Do some inquiring to see if there is an advocacy organization available to help you. Every state should have an advocacy organization.

If you are in New York, check out this web site:

http://www.disability-advocates.org/

Dmom3005 09-15-2009 11:07 PM

Kate

You definately need to contact a agency about this. I would consider asking a lawyer abotu it if you can't find a disability agency. I believe that you are entitled to this. You should have been informed about it immediately, but if not then it should be something that your employer can do now.

Donna

vini 09-16-2009 01:49 PM

hi
 
hi Kate different system same problem ,I had to get the county benefit officer involved,to get state welfare dame near lost our home

take help wear you can, employers go into butt covering mode, and the average jock can.t understand what they cant see

best wishes :hug:

concussionkate 09-17-2009 03:54 PM

Thanks everyone,

I'm waiting to hear back from Albany about my "case", sorry sounds weird to me. It seems as if it should be so much easier than this! I'll keep you guys posted.

Dmom3005 09-18-2009 10:30 PM

Quote:

Originally Posted by concussionkate (Post 567580)
Thanks everyone,

I'm waiting to hear back from Albany about my "case", sorry sounds weird to me. It seems as if it should be so much easier than this! I'll keep you guys posted.


Kate

It also sounded almost like your employer waited to tell you till the time was up. So that they wouldn't have to pay the disability. I think if I were you I'd contact a lawyer too. I believe you are entilted to this.

Donna


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