Traumatic brain injury (TBI) is a serious public health problem in the United States. Each year, traumatic brain injuries contribute to a substantial number of deaths and cases of permanent disability. Recent data shows that, on average, approximately 1.7 million people sustain a traumatic brain injury annually.
A TBI is caused by a bump, blow or jolt to the head or a penetrating head injury that disrupts the normal function of the brain. Not all blows or jolts to the head result in a TBI. The severity of a TBI may range from “mild,” i.e., a brief change in mental status or consciousness to “severe,” i.e., an extended period of unconsciousness or amnesia after the injury.
TBI may result in neurological and mental impairments with a wide variety of posttraumatic symptoms and signs. The rate and extent of recovery can be highly variable and the long-term outcome may be difficult to predict in the first few months post-injury. Generally, the neurological impairment (s) will stabilize more rapidly than any mental impairment (s). Sometimes a mental impairment may appear to improve immediately following TBI and then worsen, or, conversely, it may appear much worse initially but improve after a few months. Therefore, the mental findings immediately following TBI may not reflect the actual severity of your mental impairment (s). The actual severity of a mental impairment may not become apparent until 6 months or more post-injury. We will fully evaluate any neurological and mental impairments and adjudicate the claim. (http://www.ssa.gov/)
For more information, visit our site, Metts Law Firm, LLC or call 803-929-0577. You may qualify for Social Security Disability benefits if you are unable to work for any reason.
Showing posts with label disability office. Show all posts
Showing posts with label disability office. Show all posts
Wednesday, October 20, 2010
If You Are Denied Social Security Benefits
If you are denied Social Security benefits, it isn’t the end of the world. The Social Security application process has several stages of appeal, any of which can overturn the initial decision and give you the benefits to which you are entitled.
The vast majority of applications for Social Security disability will be denied. Even if you have a strong case, the Social Security Administration may deny your claim if you don't prove your disability under the Social Administration guidelines.
Over 60% of claims are denied at the Initial stage. The Social Security Administration allows you 60 days to appeal this decision. If you decide to appeal, your claim enters the Reconsideration stage.
The Social Security Administration rejects over 80% of Reconsideration applications. If you choose to appeal again, you can request a hearing before an Administrative Law Judge (ALJ). The Hearing stage often times represents your best chance of obtaining disability benefits, and it is important to prepare properly. Having a competent disability advocate or Social Security attorney can significantly increase your chances of being approved at this third stage.
If the Social Security Administration has denied your claim for Social Security disability and you would like to appeal, or if you have any questions or concerns regarding your benefits, please contact us for a consultation at 803-929-0577. We offer in office and phone consultations when needed.
The vast majority of applications for Social Security disability will be denied. Even if you have a strong case, the Social Security Administration may deny your claim if you don't prove your disability under the Social Administration guidelines.
Over 60% of claims are denied at the Initial stage. The Social Security Administration allows you 60 days to appeal this decision. If you decide to appeal, your claim enters the Reconsideration stage.
The Social Security Administration rejects over 80% of Reconsideration applications. If you choose to appeal again, you can request a hearing before an Administrative Law Judge (ALJ). The Hearing stage often times represents your best chance of obtaining disability benefits, and it is important to prepare properly. Having a competent disability advocate or Social Security attorney can significantly increase your chances of being approved at this third stage.
If the Social Security Administration has denied your claim for Social Security disability and you would like to appeal, or if you have any questions or concerns regarding your benefits, please contact us for a consultation at 803-929-0577. We offer in office and phone consultations when needed.
VA Disability Compensation: Tips On Working With Your Service Representative
Whether you are seeking a claim for post-traumatic stress disorder or an injury on the job, it is always an advantage to have an experienced veterans service representative assist you in the prosecution of a claim for VA disability compensation. Regardless of the nature of the disorder underlying a claim for benefits, these individuals are familiar with veteran’s benefits law and procedures, and can provide more effective representation than trying to handle the claim yourself.
Keep in touch: You should talk to your representative at least once per month while your claim is pending. Whenever you get mail from the VA, call your representative to make sure that he or she has received a copy (as required by VA regulations) and that you understand exactly what it means.
Ask questions: If you do not understand something about your claim, ask about it. Part of your service representative’s responsibility is to ensure that you understand the claims process.
Exercise your judgment: Your service representative is supposed to act in your best interests. However, you are the ultimate decision maker with respect to your claim. Your service representative will tell you if he or she disagrees with what you want to do and why. They can make recommendations, but must do as you instruct.
Keep in touch: You should talk to your representative at least once per month while your claim is pending. Whenever you get mail from the VA, call your representative to make sure that he or she has received a copy (as required by VA regulations) and that you understand exactly what it means.
Ask questions: If you do not understand something about your claim, ask about it. Part of your service representative’s responsibility is to ensure that you understand the claims process.
Exercise your judgment: Your service representative is supposed to act in your best interests. However, you are the ultimate decision maker with respect to your claim. Your service representative will tell you if he or she disagrees with what you want to do and why. They can make recommendations, but must do as you instruct.
Friday, September 17, 2010
Social Security Disability Appeals: The Grueling Truth
The journey through the applications process for Social Security Disability (SSDI) or Supplement Security Income (SSI) is often a complicated and time consuming process. The procedure to apply for benefits can be straining for many reasons, particularly the because of the success rate. On average, 70 percent of SSDI and SSI applicants are denied benefits when they first apply for disability benefits. Meaning if you are one of these individuals you needn’t feel alone, abandoned, or shocked. Do not give up! Another statistic is an inspirational one -- With a veteran SSI attorney on your side there is no need to feel hopeless and your chances of being approved are increased. Three out of six people who go through the lengthy appeals process will become a SSDI or SSI recipient.
You should educate yourself about the the ins and outs of the system for both applying for benefits and appealing a denial. With the help of any disability attorney your case, rights, and disabilities will be represented. There is no reason to do this alone. A South Carolina SSI attorney can take on the hard tasks, such as the seemingly endless waiting and the exasperating paperwork. Your attorney will help ensure that all the proper documentation is acquired, all deadlines quickly met, and that no errors are made when you apply for benefits. When they do finally win your case, a good disability lawyer will make sure all your income benefits are appropriately calculated, so that you and your loved ones are given the rights deserved.
Just remember that you don’t have to be alone when dealing with the monster machine that is the U.S. government’s Social Security Administration. If you have any questions or concerns regarding applying for benefits, or appealing a denial, please contact us for a consultation.
You should educate yourself about the the ins and outs of the system for both applying for benefits and appealing a denial. With the help of any disability attorney your case, rights, and disabilities will be represented. There is no reason to do this alone. A South Carolina SSI attorney can take on the hard tasks, such as the seemingly endless waiting and the exasperating paperwork. Your attorney will help ensure that all the proper documentation is acquired, all deadlines quickly met, and that no errors are made when you apply for benefits. When they do finally win your case, a good disability lawyer will make sure all your income benefits are appropriately calculated, so that you and your loved ones are given the rights deserved.
Just remember that you don’t have to be alone when dealing with the monster machine that is the U.S. government’s Social Security Administration. If you have any questions or concerns regarding applying for benefits, or appealing a denial, please contact us for a consultation.
Wednesday, August 18, 2010
3 Mistakes to Avoid When Claiming for Disability Benefits
When filing for claims based on disability, it is easy to get overwhelmed. Here are 3 potential mistakes people usually make and how to avoid them.
a. Not Specifying Mental Illnesses in the Application
Applications for social security disability or SSD are evaluated on both mental as well as physical grounds. Both physical and mental conditions are evaluated in a very similar manner. If a claimant has a mental impairment, this needs to be included in the application. Sometimes, the presence of a severe mental disability coupled with a mild physical disability can be sufficient to help the applicant qualify for such disability benefits, independently or in support of a physical impairment. Cases of mental illness, such as depression, post traumatic stress, bi polar disorder and schizophrenia such be included when filing a claim.
b. Assumption that Disability Lawyers are Expensive
These days, it is easy to hire a social security disability lawyer and they get paid only once the case has been won. Therefore, anyone can afford the services of such lawyers. Most attorneys will only collect a fee if you get approved for your benefits. Disability lawyers can help you sort through the rules, laws and other guidelines to help you get approved for benefits.
c. Not Preparing for SSD Hearing
Not arriving to the hearing location at the right time can mean rescheduling of the case several months later! Not familiarizing oneself with one’s own claim file and providing a thorough record of medical history and supporting documentation can be a huge mistake for those without representation. However, claimants with access to social security disability lawyer services need not worry about this clause because the lawyer reviews and handles all aspects of the claim.
a. Not Specifying Mental Illnesses in the Application
Applications for social security disability or SSD are evaluated on both mental as well as physical grounds. Both physical and mental conditions are evaluated in a very similar manner. If a claimant has a mental impairment, this needs to be included in the application. Sometimes, the presence of a severe mental disability coupled with a mild physical disability can be sufficient to help the applicant qualify for such disability benefits, independently or in support of a physical impairment. Cases of mental illness, such as depression, post traumatic stress, bi polar disorder and schizophrenia such be included when filing a claim.
b. Assumption that Disability Lawyers are Expensive
These days, it is easy to hire a social security disability lawyer and they get paid only once the case has been won. Therefore, anyone can afford the services of such lawyers. Most attorneys will only collect a fee if you get approved for your benefits. Disability lawyers can help you sort through the rules, laws and other guidelines to help you get approved for benefits.
c. Not Preparing for SSD Hearing
Not arriving to the hearing location at the right time can mean rescheduling of the case several months later! Not familiarizing oneself with one’s own claim file and providing a thorough record of medical history and supporting documentation can be a huge mistake for those without representation. However, claimants with access to social security disability lawyer services need not worry about this clause because the lawyer reviews and handles all aspects of the claim.
Tuesday, August 17, 2010
What does the Social Security Administration look for when Evaluating SSD claims?
When the SSA or Social Security Administration begins a review of a claimant’s case, they are not really looking at the exact diagnosis of the claimant’s condition. Instead, they are looking for the effect of this diagnosis of disability on the ability to earn income and work. This is a single, fundamental aspect many claimants are not aware of. It is important to know this because it helps position the case in a better light. This is where the services of a social security disability lawyer can prove to be invaluable.
To evaluate SSD claims associated with disability, the examiner for DDS will review the past employment of the claimant to assess if he or she can resume to the earlier employment or transfer skills from this employment to other gainful employment. If the DDS reviewer finds that the claimant is not in a position to resume his or her earlier employment the examiner will proceed to the next phase of evaluation. This process involves ascertaining if the claimant can work on other kinds of jobs. These types of jobs are more suited to disabled persons and take into consideration previous experience and current physical condition of the individual.
When reviewing claims based on disability benefits, the evaluation process assumes more complex proportions. Other aspects like the candidate’s ability to perform finger movements or overhead reaching activities, ability raise an arm to shoulder height in cases of severe degenerative diseases, assumes more importance. As you can well imagine, there are subtle nuances in such a review. If you stay near South Carolina, it would be in your best interests to hire the services of a South Carolina disability lawyer to help understand these aspects.
To evaluate SSD claims associated with disability, the examiner for DDS will review the past employment of the claimant to assess if he or she can resume to the earlier employment or transfer skills from this employment to other gainful employment. If the DDS reviewer finds that the claimant is not in a position to resume his or her earlier employment the examiner will proceed to the next phase of evaluation. This process involves ascertaining if the claimant can work on other kinds of jobs. These types of jobs are more suited to disabled persons and take into consideration previous experience and current physical condition of the individual.
When reviewing claims based on disability benefits, the evaluation process assumes more complex proportions. Other aspects like the candidate’s ability to perform finger movements or overhead reaching activities, ability raise an arm to shoulder height in cases of severe degenerative diseases, assumes more importance. As you can well imagine, there are subtle nuances in such a review. If you stay near South Carolina, it would be in your best interests to hire the services of a South Carolina disability lawyer to help understand these aspects.
Wednesday, December 17, 2008
The Disability Mystery
Social Security Disability Insurance is a federal program designed to provide financial assistance in the form of monthly compensation to workers who can no longer work due to an injury, medical condition, etc.
Requirements
When applying for disability benefits, the following information is necessary when you initially contact the Social Security Administration. You may apply in person, on line or by phone.
1. Original copy of birth certificate or any valid document of applicant’s age
2. Social Security Number
3. Names, addresses, and phone numbers of all medical care providers, hospitals, etc. that provided services relevant to your injury or medical condition
4. List of jobs and companies done in the past
5. Proof of income (W-2 from employer or federal tax returns if self employed)
These documents are used by the SSA to determine whether you have earned enough work credits to qualify for benefits. If you have, then they can determine if you meet the legal definition of disabled to actually get the disability benefits.
A group of individuals from the State’s Disability Determination Services made up of a health care specialist and expert disability will evaluate the information provided. To determine if an applicant is disabled, they will consider the following:
1. Whether the applicant’s injury or medical condition prevents “substantial gainful activities” or employment
2. Whether the applicant’s injury or medical condition is included on a list of impairments developed by the SSA and listed on their website (www.ssa.gov) If not, they will consider the severity of the existing injury(s) or medical condition(s)
3. Whether the applicant is currently working
4. Whether the applicant can perform similar jobs that he/she previously had for the last 15 years or has transferable skills to do other types of employment
Most applicants will be denied benefits when they first apply. It could be for a number of reasons.
To resolve these issues, applicants should consult an attorney. Most attorneys offer a free consultation regarding Social Security Disability.
Requirements
When applying for disability benefits, the following information is necessary when you initially contact the Social Security Administration. You may apply in person, on line or by phone.
1. Original copy of birth certificate or any valid document of applicant’s age
2. Social Security Number
3. Names, addresses, and phone numbers of all medical care providers, hospitals, etc. that provided services relevant to your injury or medical condition
4. List of jobs and companies done in the past
5. Proof of income (W-2 from employer or federal tax returns if self employed)
These documents are used by the SSA to determine whether you have earned enough work credits to qualify for benefits. If you have, then they can determine if you meet the legal definition of disabled to actually get the disability benefits.
A group of individuals from the State’s Disability Determination Services made up of a health care specialist and expert disability will evaluate the information provided. To determine if an applicant is disabled, they will consider the following:
1. Whether the applicant’s injury or medical condition prevents “substantial gainful activities” or employment
2. Whether the applicant’s injury or medical condition is included on a list of impairments developed by the SSA and listed on their website (www.ssa.gov) If not, they will consider the severity of the existing injury(s) or medical condition(s)
3. Whether the applicant is currently working
4. Whether the applicant can perform similar jobs that he/she previously had for the last 15 years or has transferable skills to do other types of employment
Most applicants will be denied benefits when they first apply. It could be for a number of reasons.
To resolve these issues, applicants should consult an attorney. Most attorneys offer a free consultation regarding Social Security Disability.
Monday, September 1, 2008
How to Qualify for Social Security Disability Benefits
The biggest concern that any body who is applying for Social Security Disability benefits is how to qualify. In general to qualify for benefits, you must first have worked in job for a sufficient time to be eligible for benefits, and you second must show that you suffer from a medical condition or injury that prevents you from working for a minimum of one year. To determine if your employment is sufficient to qualify you for benefits, contact an experienced personal injury lawyer. Your work history can be evaluated to determine if you may qualify for disability benefits.
An attorney can also help you obtain and evaluate your medical records to evaluate the seriousness of your medical condition or injury in terms of qualifying for Social Security Disability benefits. As an attorney, I often I find that many people may have a condition sufficient to qualify for benefits, but their medical records don't sufficiently document all of the the concerns or complaints. It is possible to address multiple medical problems with your doctor during your appointment, which are not documented in the medical file. Anyone who has applied for disability can tell you that the medical records are extremely important in proving disability. They are even more important when trying to prove the start of the disability, which determines how far back the Social Security Administration will pay benefits.
Because this is such an important part of the process, we will assist you in trying to obtain the necessary medical documentation to help win you case, prepare you for each step of the process, and handle every aspect of the process.
An attorney can also help you obtain and evaluate your medical records to evaluate the seriousness of your medical condition or injury in terms of qualifying for Social Security Disability benefits. As an attorney, I often I find that many people may have a condition sufficient to qualify for benefits, but their medical records don't sufficiently document all of the the concerns or complaints. It is possible to address multiple medical problems with your doctor during your appointment, which are not documented in the medical file. Anyone who has applied for disability can tell you that the medical records are extremely important in proving disability. They are even more important when trying to prove the start of the disability, which determines how far back the Social Security Administration will pay benefits.
Because this is such an important part of the process, we will assist you in trying to obtain the necessary medical documentation to help win you case, prepare you for each step of the process, and handle every aspect of the process.
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