You can often receive long-term disability benefits if you suffer a traumatic brain injury. These injuries are severe and life-altering. They can happen when there is a sudden blow to the head. This injury can damage your brain and lead to cognitive and physical impairments. Sufferers often require exhaustive rehabilitative care. Sadly, even with treatment, you can still suffer a permanent disability. If you are unable to work, you may qualify for long-term disability. Speak to an Ohio disability attorney from Dyer, Garofalo, Mann & Schultz about your options.
A traumatic brain injury can impact you in different ways. Knowing how it affects your life and working ability is crucial when applying for disability benefits. The first area of your life that a TBI impacts is your physical capacity. If you have the following symptoms, you could have a disabling TBI:
These symptoms are debilitating. They can make it impossible to get through the day, much less work. These symptoms can also make you eligible for Social Security disability insurance. Talk to our Ohio SSDI attorney for help applying.
Another is the impact you may have on your cognitive abilities. Your brain and cognitive functions work together so you can accomplish daily tasks. It is also crucial for you to work. Mental symptoms can include:
When these symptoms are ongoing, it can be a disabling condition. They could be expected as you are healing. However, if they stay long-term, they can qualify you for SSDI benefits. You must have evidence of these symptoms to show the agency handling your claim.
Some traumatic brain injuries can lead to frontal lobe damage. This is when you suffer an impairment to your frontal lobe. This area is responsible for emotional, cognitive, and behavioral functions. The most common symptom is a loss or decline in executive functions. This can include actions like planning, decision-making, and organization. The location and severity will impact how much a person is affected. This is a severe complication of a TBI. You must get an evaluation early to address this life-altering condition.
Some evidence shows a person who suffers from a traumatic brain injury has a higher chance of developing dementia, Alzheimer’s, and degenerative brain disease. Studies indicate this could be due to a correlation between protein abnormalities and these diseases. However, your likelihood of developing this condition is challenging to predict at the onset.
When you are seeking disability benefits, you must provide proof that you have a disabling condition. Insurance companies and others may require evidence of your diagnosis, symptoms, and status before the injury. They will also want information about your past and future treatment. You will also have to show how the condition prevents you from working. Never assume the insurer will understand your condition and its impact on your life.
You will undergo diagnostics testing to determine if you have a TBI. These diagnostic tests are essential. Some diagnostic tests you will have include CT scans and MRIs. You may also have neurological testing that can help your disability claim. You should obtain copies of all these documents for your records. You should also allow your Ohio SSDI lawyer authorization to gather and review these documents.
The best evidence for your TBI disability case is objective medical records. Long-term disability claims are complex. The insurance company will want to see every medical document related to your injury to assess whether you qualify for these benefits. Aside from diagnostic tests, they may also want to review:
The insurer is looking for a complete picture of your injury. They want everything your doctor has to make their determination. They don’t want a doctor’s note that says you are disabled. They are looking for a thorough assessment with details.
Sometimes, the insurance company can send you to one of their doctors for an assessment. These doctors are often referred to as independent medical examiners. The insurer can also have an independent medical consultant review your file. While their title says independent, they are anything but. The insurance company hires these professionals. They will have a bias toward the party that pays them, which is not you. These professional evaluations can be detrimental to your claim. You may be able to avoid these issues when you work with an SSDI lawyer in Ohio.
You must report all of your symptoms to your doctor and the insurance company. It is essential to have documentation for everything. The insurance company will base their decision on a combination of your mental and physical impairments. Traumatic brain injuries affect people differently. Some survivors will experience physical and cognitive impairments. Others may only experience one impairment type. Insurance companies realize this fact and assess each case independently.
The insurance company will unlikely consider any symptoms you did not document to your doctor or medical team. They will only consider the well-documented ones. Aside from the type of symptom, you should also describe the severity and frequency of it. This will help with your treatment and SSDI.
Another element you must prove is that you are getting medical treatment. Not only are you getting treatment, but it is appropriate for your condition and symptoms. The insurance company will review all documentation and nitpick every treatment you undergo. They can deny your claim entirely if they believe you got inappropriate treatment. Treatment will vary depending on the severity of the injury and your symptoms.
Appropriate treatment can mean seeing specialists and complying with your treatment plan. Some specialists you may see for a traumatic brain injury include rehabilitative medical teams and neurologists. Failing to attend any specialist appointments or skipping treatment can harm your condition and claim. The insurance company can say you are non-compliant and do not need SSDI benefits.
When the Social Security Administration reviews applications for SSDI, they will issue impairment ratings. Every symptom will contribute to your overall disability rating. You will want a high rating for approval. You will likely get a high rating when your symptoms make it challenging or impossible to complete daily tasks and keep your employment. The more severe, persistent, and difficult your condition is, the more likely you will get a high rating.
To qualify for benefits, you must have an extreme limitation in two extremities that persists for at least three months after you suffer an injury. Alternatively, you have a restriction in your physical or mental functioning. These issues continue for at least three consecutive months from the injury.
TBI disability claims are very complex. They will vary in every case. When you get approval, that can feel like a massive step in the right direction. However, that is not the end. Disability will provide a living allowance. Your Benefit amount will be contingent on how much you paid into Social Security taxes. The SSA will review your employment and pay history. They will also consider the average indexed monthly earnings. They will use these figures and your age to calculate your monthly TBI disability benefit award.
When you are approved for disability benefits, you can recover back pay and retroactive pay. It is effective from the original filing date. It will continue until your claim is approved. Generally, most claimants will get their first payment within 60 days if approved.
Retroactive payments will have some conditions. They can be awarded if you can prove your disability. You may have to prove that you were disabled for five months before you apply for benefits.
While benefits can help you get the financial foundation you need for the future, the process is complex. You will likely have a lot of documentation to provide. All of this process is happening while you are also adjusting to your new way of life. You are overwhelmed. Your brain can only handle so much. The best action is to speak to an Ohio disability lawyer from Dyer, Garofalo, Mann & Schultz.
If you suffer a TBI, you will face many challenges. Your inability to work can impact your financial foundation and your future. You have options for compensation when a negligent party is responsible for your injury. However, you can also apply for social security benefits. It is essential to know your options and review the steps you can take so you have the best chance of getting a claim approval.
You have options and must schedule a consultation with the Ohio disability attorneys from Dyer, Garofalo, Mann & Schultz. We handle various types of personal injury cases. Contact us online or call us at 937-222-2222 to get started today.
Before establishing Dyer, Garofalo, Mann & Schultz L.P.A., Doug Mann, a top Ohio Injury Attorney served as a bodily injury claims adjuster at a major insurance firm. With over 40+ years of experience, Doug’s background has proven invaluable in securing maximum cash settlements for his clients swiftly. Since leaving the insurance industry, Doug has devoted his entire legal career to assisting injured clients during their times of greatest need.
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