I do see a psychologist. I don't know that it is helping....but I do go. If anything it he helps me realize that I am not "looney" as so many people have said. It really is about support.

I have the same bouts of anger, sadness...and often times not certain of what about.

I would suggest a psychologist who deals with TBI/PCS

Since you did work recently, it might make your SSDI approval a bit more difficult.

It might qualify as a "Unsuccessful Work Attempt". This link will explain: http://www.disabilitysecrets.com/res...rk-attempt.htm

Most attorneys will not represent you until you've accumulated some potential back pay (if you listed your Alleged Onset Date going back a few years, you might have 7 or 8 months potentially already...) but a non-attorney SSDI rep might be willing to work with you right away. Allsup generally has a good reputation, but you might want to see if you can find someone locally--often former SS employees make good representatives.

http://www.allsup.com/

I disagree with LIT LOVE almost 100% other than the Unsuccessful Work Attempt. MTBI based SSDI can be a long slow process, even with an attorney so by the time the ALJ hears the case, plenty of back pay has accumulated. It took well over a year to get the hearing. Almost three years to the day from first application to approval. The maximum SSDI attorney fee is usually based on only 18 to 24 months of disability. My attorney earned her maximum fee from only 16 months of back pay. Because we were well past her maximum fee based on back pay, she did not fight for a higher benefit that I deserved. Getting me a better benefit would not have earned her a penny more. I got stiffed for thousands more in back pay and $150 a month more in permanent benefit.

Many attorneys, but certainly not all, will not even interview clients in person until they've been denied Reconsideration (or the equivalent) and are ultimately going to be headed for an ALJ hearing.

Many people prefer having someone that will be very hands on from the beginning of the process--sometimes you can find an attorney willing to that, but more often--not. My suggestion was that with the right representation she might be able to be approved earlier and avoid the long wait of an ALJ hearing.

Another good option is to research on one's own, using the info found at free sites like SSDfacts.com (several good sites are also listed here on NT in the stickies in the SS Disability forum) but it is better to do so prior to starting the process, not after. Decisions like a person's Alleged Onset Date can greatly effect their monthly benefit amount, their maximum back pay, and if there is recent employment, chance of denial. And that's just one example of an incredibly important decision that has to be made at the time of application.

--BTW, I had an attorney that recommended a Closed Period Award, so that he got his full fee and I was left fighting on my own for a Fully Favorable Decision. I was ultimately successful, and got all my back pay and my maximum monthly benefit, but there are MUCH easier and FASTER ways to achieve what I accomplished.

Thank you both for your experienced words.

I read the link and I did have breaks in between reurning to work at different positions/job functions, trying to find something that I could do with no avail.

I decided to go ahead with my application after my husband and I read all we could find. I figured that honestly, it is what it is and will take it as it comes. I completed the application the best I could with all the documents I have since this head injury/hemorrage has been documented. I did write about my problems throughout my working career and all the head injuries and abuse I sustained as a young person.

I honestly do not have a date when all this began for me. I listed my date as the date of my most recent accident (where I seemed to have suffered the most with documentation). I have had TBI issues for years (now understanding) and doing my best to just move forward.

I also figured it was in my best interest to atleast try to apply on my own. If denied, then move forward with what they throw at me. My documentation is pretty straight forward thus far (waiting for neuropsyc eval to support) and I am hopeful this will work out. I am realistic that it could potentially be a struggle but I cannot dwell on the what if's right now. I am already having a difficult time with the what is.

Sorry, I was talking in generalities in my second post, and didn't mean to upset you.

You are early enough in the process to hire a rep if you wish to and have them really effect your outcome at a potentially minimal charge. It's totally fine to try and do it without representation as well!

Having a neuropsych eval done now is an excellent idea, IMO.

It might be a bit premature, but you might seriously consider having your doc/s fill out RFC forms now as well. Your docs/s might be willing to fill them out for free or at a small charge.
http://www.disabilitysecrets.com/rfc...statement.html http://www.disabilitysecrets.com/res...ental-residual

You absolutely have a legitimate claim that your latest job was a Unsuccessful Work Attempt. Your former boss might be willing to write something on your behalf explaining that you were given special accommodations, etc. (This could have happened without your even being aware of it.)

There are 3 ways you can be approved for SSDI: 1)Meet a Listed Impairment 2)Qualify by the Grid Rules 3)Qualify by the 5 Step Process. The fastest way is to meet a Listed Impairment. The Grid Rules only apply for workers age 50 and above. The 5 Step Process is more complicated, so it can take longer.

These links explain qualifying for a Listed Impairment with a TBI.
http://www.disabilitysecrets.com/soc...in-injury.html
http://www.nolo.com/legal-encycloped...in-injury.html

The disabilitysecrets.com/nolo.com websites are an excellent resource, btw. They're provided by NOLO Press which sells a book on the SSDI process and law reference books in general. Everything you need should be on the website, but a hardcopy can be invaluable as well.

Good Luck! If you ever need help, please stop by the SS Disability forum or even pm me and I'll be happy to help if I'm able.

LIT LOVE,

If you would read the thread starting at http://neurotalk.psychcentral.com/thread210551.html, you see that we were helping her along the process. Head injuries are quite different than other disabilities. The applicant can be 100% functional from every observable standard until they try to process the tasks of a full time job. The disabling issues are most commonly related to pace and persistence. They may be able to complete all of the job tasks at a high level for a short period of time but they often can not maintain the pace needed or be at that high functioning level every day. Sometimes, behavioral issues can interfere with employability. Sometimes, it is an inability to tolerate the work environment.

Nolo Presses publications are just paraphrased repeats of the SSDI Blue Book. I find the Blue Book easier to read.

The SSDI process can be difficult due to the cognitive struggles we usually have. Having an experienced SSDI attorney to help is valuable.

I read the entire thread before my first post. I have researched TBI in the past while helping someone with their application, so I'm familiar with many of the issues--and the reason why I recognized a claim that her job was an Unsuccessful Work Attempt was appropriate.

I'm confused by what you're even upset about? That I suggested a non-attorney rep might be helpful this early in the process? Is your opinion that the OP should hire an attorney, but should be how far along into the process before she tries? Another option is to find an attorney provided for free by an Advocacy Group--often available in large cities for these types of claims.

You have an easier time reading the Blue Book. Many people, even those without cognitive issues, struggle with the Blue Book. Most of the authors on NOLO are experienced SSDI attorneys and they impart their experiences as well. I'm not sure why more than one option is a problem.

I have no concern about your 'Unsuccessful Work Attempt' comment. I may have not used those terms but I had commented that since had she tried to return to work and failed, that she should try applying for SSDI. I try to avoid too much 'in the know' jargon or abbreviations, at least early in the communication..

I had pointed her to the specific parts of the Blue Book with comments. Nolo uses generalities that make it hard to understand the specifics needed in an Application.

You said " Is your opinion that the OP should hire an attorney, but should be how far along into the process before she tries?" What is an OP ? It usually means Opposing Party but Opposing Party does not apply in SSDI issues. They are not supposed to be adversarial.

My point was that she already had enough time since injury/disability that an attorney could expect a maximum fee. She has a number of challenges that an attorney can help with beyond the disabling issues. Five years since injury and leaving the workforce to be a stay at home mom needs quality explanation. Those are legal issues to be addressed. I did not recommend an attorney at first because she needed to start the process and get the first denial.

I did point her to searching for an advocacy group. I know there is one online for her area but I have lost my bookmark. Their web pages often have attorneys and other advocates listed. I finally found it. http://www.headinjury.com/

Residual Functional Capacity forms are very difficult with an mTBI where the Applicant is fully ambulatory. The best is a good Neuro Psych Assessment. Often, the State Disability Determination Office will arrange for an abbreviated Neuro Psych Assessment or even an Occupation Psychological Assessment at no charge to the Applicant. This is usually requested at the Re-Application process.

Regarding getting an advocate to work for free through an advocacy agency, Nolo says "Even disability advocates who work for legal aid agencies almost always charge 25% of disability backpay for their services. "

I am not upset. I just thought you were making the process too complex with the way you were explaining things and your thought that attorneys would not take the case until they knew that they could get a full fee. Both attorneys and non-attorneys get the same fees.

btw, May I ask what your disability is?

My best to you.

I had no intention to derail the OP's (original poster) thread and so my apologies to goldenwillow.