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Traumatic Brain Injury and Post Concussion Syndrome For traumatic brain injury (TBI) and post concussion syndrome (PCS). |
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#1 | ||
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Junior Member
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1. In order to apply for SSD, medical evidence is the cornerstone for the determination of disability.
2. You have to be currently seen by a doctor because Definition of Disability is evidence that comes from the doctor about the impairment(s). 3. The law defines disability as the inability to engage in any substantial gainful activity (SGA) by reason of any medically determinable physical or mental impairment which has lasted or can be expected to last for a continuous period of not less than 12 months. Each person who files a disability claim is responsible for providing medical evidence showing he or she has an impairment(s) and the severity of the impairment(s). In other words, you will have to go to a neurologist so that we get the evidence needed to complete the application for SSD. When I called a Social Security Disabiltiy lawyer who specializes in Traumatic Brain Injuries, he also told me that we cannot apply for SSD until you are being treated by a doctor twice a month because SSD is based on a disability report from the doctor. People who are not being treated by a doctor are not considered disabled. |
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#2 | ||
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Legendary
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What the SSDI attorney told you does not fit with what I understand and have experienced. It has been almost 3 years since I was approved for SSDI after a three year process.
SSA (Social Security Administration) does not accept the disability determination of your doctor. My neurologist diagnosed me as 100% whole man disabled from his assessment of my neurological function and medical history. SSA did not even consider his report. They do consider the individual work limitations and cognitive and memory function scales of a NeuroPsych Assessment (NPA). The SSA Blue Book lists the disabilities needed to qualify. For concussion related causes, they are under mental impairments, not neurological injury. They will likely want to see your NPA report as a starting point but in my case, they sent me to their psychologist for a mini-NPA. Their psychologist confirmed my disability but the reviewer at the State Disability Determination Service misread my record of income and denied me. The attorney may have turned you away because they want a client with a substantial amount of accumulated back-pay. They get their fees as a percentage (25% up to $5400 max) of your back pay at approval. If they get you approved quickly, they do not make enough fees. If you have a NPA report, there is no reason you can not get your application started by yourself. Most claims are denied at the first application requiring a second application to get serious consideration. The third application is when a Administrative Law Judge hears your case and the attorney makes his fees. You can start the process online. You get a claim number assigned so you can work on your application as your time and mental energy level allows. An attorney is going to give you a request for the same list of medical records and such anyway. No reason to not start the process yourself. If you need help, start a thread and those of us with experience can help. There is a forum for SSDI on NeuroTalk but the concussion issues are a bit different. btw, I was only seeing a doctor twice a year for medication review and renewal. My best to you.
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Mark in Idaho "Be still and know that I am God" Psalm 46:10 |
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"Thanks for this!" says: | SpaceCadet (03-13-2012) |
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#3 | ||
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Member
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At time of my SSD application (1 year after car wreck) I was only seeing my doctor once every three months. There's not really any point, nothing docs can do for PCS to warrant going twice a month. Now I only go every 6 months for follow up and medication monitoring unless I have something out of the ordinary happen.
Medical evidence is important. Someone, preferably a specialists, has to document your medical problems and how they affect your work ability and day to day functioning. I was approved August 2011 (less than 3 months after my application).
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My life has been interrupted by PCS (Post Concussion Syndrome) aka TBI (Traumatic Brain Injury) due to a car wreck April 13, 2010. It can go back to normal any day now! |
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