Disability Claims
 

Hi everyone,

I've been a long time lurker on this forum, and have decided that perhaps it's time to ask for advice. But first, allow me to introduce my story...

I hit the back of my head on a cabinet during some renovations back in September 2013. I immediately had the worst headache in my life, so I popped a couple advil and went to bed for the evening. The next day was Monday, so I got up and biked into work like any other day, not thinking anything of the headache I had. By the time I got to work (5 minutes), I knew something was wrong. I called the doctor, who assured me i only needed some rest and would be fine in no time, then had someone drive me home, and took the week off from work. The next week, I worked from home a couple days, and then went back full time.

For 6 months, I kept working, and used Advil to get me through rough days, assuming the headaches would eventually go away. At one point in February, I think I was feeling pretty good, but it didn't last more than a week before I was spending every evening and weekend on the couch.

I saw the doctor on March 31st, and she put me on leave from work, and lots of rest. I did literally nothing for 10 days before I had no headache, and then I started attempting activities. I'm currently on week 7 and have noticed improvement; I made dinner once last week, did a little baking, I can walk around the block, and do a few minutes of yard work. I can read books for as long as I like, and use my 7 inch tablet for up to a half hour without a headache.

What I can't seem to improve is my sensitivity to sound, and most importantly, the ability to look at a larger screen for more than 5 minutes without getting a headache and feeling nauseous. This is what is preventing my return to work, which brings me to the topic of this post.

This morning, I was informed that my claim for short term disability has been denied. They say there is insufficient evidence to show that I cannot do my job (I'm a software developer - I have to look at a screen all day). They want objective evidence, which can not be based on self reported symptoms. I suspect that my choice to return to work before I was better hasn't helped my case, but I had no idea the beast I was dealing with when I first hit my head...

My doctor has run me through a SCAT2 test (used for return to play), and will be doing a test for dementia patients in a few days, which may or may not show anything.

Has anyone on the forum found anything that has helped their disability claims? I don't see how they can expect objective evidence for a head injury, but I guess they're looking for any excuse they can to not pay me.

Disability is a monster! I don't mean this to be discouraging in any way but it took me a couple of years, many denials and finally a hearing before I got mine, I have epilepsy. My sister, also epileptic, is going through the same thing.
What I did learn from my experience and seems to have made my sister's fight a bit shorter than mine, is to document EVERTHING! Make sure you have current copies of all of your medical records and be sure your doctor records every symptom/complaint. Nothing is too small to report. I hope that helps a little.

Well, TBI isn't called the "invisible injury" for nothing, and, boy, do the insurance companies love that.

Current technology, even FMRI, are not great at imaging brain injury and can offer no real insight into what impacts your damage might be having in your specific case. The best test for that is neuro-psych exam.

Neuro-psychs are, however, expensive, and the insurance company will almost certainly dispute the findings. The latter is especially true if, like most people, you don't have a documented baseline to use as comparison.

Good luck

The SCAT2 is not reliable since it relies on self-reporting. The dementia test will hopefully be a MMSE (Mini Mental Status Exam). It is a good start. You could check out ImPACTtest.com to see if you can get an ImPACT done locally. Many high schools and colleges use the system. They sometimes contract with a local sports med clinic to oversee the ImPACT test. Also, look for a local concussion clinic. They may be able to test you.

I do not consider the above tests reliable at saying you are healed but they are good indicators of ongoing struggles.

Have you been checked out for an upper neck injury ? Your symptoms could be made worse by an upper neck injury.

My best to you.

Yikes, not the news I was hoping for, but I guess I'm not surprised. What a horrible thing to have to deal with while trying to recover!

I have a feeling that trying to get in with a neuro-psych will be next to impossible, but I'll mention it to the doctor. There's one in town, but I have a 30 day limit to complete the appeal, and I expect there'll be a waiting period.

I'll also ask about the impact test... But the closest one on the website is an hour drive away, which I cannot handle at this point.

Thanks for the suggestions! At least it's something...

I haven't been checked for a neck injury, and haven't had neck pain. I saw a chiropractor in January after someone suggested it could help with the headaches in the back of my head. Once they were "fixed", I stopped going. I haven't given details to the insurance company about the chiro visits, since they were months before I went on leave, but perhaps that could provide evidence of injury?

It's pretty standard for disability to turn you down, the first time - and hope you go away. You will need persistence and, maybe, a lawyer.

Contact the brain injury association in your province. They might be able to hook you up with a neuro-psychologist, etc... At least, they'll be on your side.

I would also go to a behavioral or neuro-opthalmologist. It's not just 20/20 but also binocular vision to see how your eyes are working together.

Convergence insufficiency and accommodation dysfunction (looking near and far) are often affected. These affects computer work, and makes looking at the text on computer screen near impossible.

The ophthalmologist can measure concretely how difficult this is, and this can be used for disability.

I know I am also going through long - term disability woes. Even though I can only read for 20-30 minutes before intense headaches and then migraines, the insurance company is convinced I can work.

I know Phd in the humanities can retrain ----:)

I've had a rough couple of days, stressing out over the appeal, and trying to research what to do about it. If anything, it's confirmed for myself that computer work is nearly impossible. As primary breadwinner for the household, it's pretty scary that I won't be paid again for many months (after going back to work, assuming that happens soon) unless this is resolved quickly.

At this point, I'm going to aim to get medical statements from at least 2 more doctors. There's a sports medicine clinic in town that claims to have a concussion specialist, and I'm hoping to see the local neuropsychologist. There's also a concussion center an hour away that can do the impacttest that I might try for. This is all assuming I can see the appropriate people before my 30 days runs out.

I'm also going to get a letter from my manager describing that my job involves concentrating on a computer screen all day, and letters from friends, and family describing the difficulties they've witnessed.

My husband is going to try to get together some medical journals describing the severity of concussions, and ideally talk about computer work. (If anyone has any handy, I'd love to be linked!)

I think I'm toast for the day... Off to bed.

Mary,

You or your husband should check www.tbilaw.com and www.subtlebraininjury.com Both are by Attorney Gordon Johnson. He knows his stuff.

Be VERY careful getting seen by a Neuro Psychologist. Some will confirm you symptoms but blame all of your symptoms on depression and anxiety.

Ask your doctor to do a Mini Mental Status Exam. It will be a good start. It will not help to understand your visual and auditory symptoms. You may benefit from being thoroughly tested for nystagmus. It relates to how your eyes move as they follow an image. Maybe a neuro-ophthalmologist or behavioral optometrist can help with that. Ear plugs may be a necessity to work in a noisy area.

Be sure to read the web sites I mentioned. They address your issues directly.

My best to you.

Hello MaryCS,
I am in a same situation. Can you please share how you are taking care of Short Term Disability claim?