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Do I Qualify For Disability Insurance Benefits If I Had A Brain Injury?

CaveyLaw.com > Practice Areas  > Long Term Disability & ERISA Lawyer  > Long Term Disability Disabling Conditions > Do I Qualify For Disability Insurance Benefits If I Had A Brain Injury?

Disability insurance companies don’t always make it easy for policyholders who have had a brain injury to get the disability benefits they deserve.

The Common Reasons Disability Carriers Deny Brain Injury Disability Claims

Many claims are denied because the disability insurance company says:

(1) There is no objective basis for the cognitive or behavioral problems seen after a brain injury,

(2) There is no objective basis for the restrictions and limitations assigned by your physician, or

(3) There is no causal relationship between your cognitive or behavioral problems and/or your other restrictions and limitations, and your inability to do your own or any occupation.

Nancy Cavey, who has 35 years experience handling disability cases, has successfully represented many policyholders with a traumatic brain injury. She overcomes a claims denial by working closely with you, your physician and a neuropsychologist.

Nancy Cavey offers a free initial consultation and welcomes the opportunity to speak with you about your disability claim.

What Is Brain Injury?

A brain injury can significantly alter the course of an individual’s life, as well as the lives of their family. A traumatic brain injury is caused by trauma to the brain, whether a violent blow to the head or a penetrating injury like a bullet wound.

What Are The Symptoms of A Brain Injury?

Symptoms of a brain injury depend on the part of the brain injured. Mild traumatic brain injury can cause temporary dysfunction of brain cells. A more serious injury can result in bruising, torn tissues, bleeding and even death.

The physical consequences of a brain injury depend on whether the person has a mild, moderate or severe brain injury. Symptoms can include headache, dizziness, impaired coordination, slowness of movement, paralysis, weakness on one side, seizures, sensory problems, impaired alertness, fatigue, language disorder, and problems with speech and vision.

Cognitive problems can include difficulty taking and following instructions, staying on task, sequencing and processing information.

It is not uncommon for those with a brain injury to act out and suffer from depression.

The physical, cognitive and behavioral symptoms can have catastrophic consequences on the ability to work.

How Do I Get The Disability Insurance Benefits I Deserve?

A brain injury can make it difficult, if not impossible, to do things around your home and work. If you no longer can work or your doctor has told you to apply for disability, before you apply for benefits, you should:

  1. Obtain a copy of your disability policy. See how it defines “disability,” “occupation” and “self-reported conditions.” You’ll need to understand what you have to prove to get your benefits because of a brain injury.

Your policy can include a self-reported limitation. It limits how long you can get benefits that result from self-reported symptoms, including headaches, lightheadedness, weakness and fatigue. You’ll want to know what’s in your policy before you apply for benefits.

  1. Obtain a copy of your medical records. Review them to see if there is an objective basis for your diagnosis, what your records say about your report of symptoms and your restrictions and limitations.
  2. Obtain a copy of your personnel file to see whether your brain injury has affected your work performance.
  3. Obtain a copy of your job description. Create your own description of your physical and cognitive duties and your interaction with other employees and customers. Include an explanation of how your symptoms impact your ability to do your occupation.
  4. Provide your doctor with the occupational description. Ask your doctor to prepare a report that explains the objective basis for your diagnosis, the objective basis of your restrictions and limitations, and the objective reasons you can’t perform some or all of the material and substantial duties of your occupation.
  5. Prepare a diary that explains your symptoms and the side effects of medication you are taking. Be sure to give examples of how your symptoms interfere with your ability to do things on a daily basis.
  6. Hire Nancy Cavey to help you file your initial application. The application process is confusing and designed so you and your physician make mistakes that can result in a delay or even a denial of your benefits. Ms. Cavey knows how to prepare and file a winning shock and awe disability application that leaves the carrier little reason to question your claim.
  7. Hire Nancy Cavey to help you appeal a wrongful denial or termination of your disability benefits. Disability carriers are in the business of collecting premiums and not paying disability benefits for brain injury. They’ll use any reason to deny your claim. The odds of getting your benefits on appeal are greater when you are represented by an experienced ERISA/private ID policy disability attorney.

Contact Disability Attorney Nancy L. Cavey, Who Can Help You Regardless of Where You Live

A brain injury can make it difficult, if not impossible, to work. You owe it to yourself and your family to get help today! Nancy Cavey can review your policy and your medical records, and explain to you what your policy says and how to get your disability benefits.  Call today for a free consultation at 727-894-3188.