My husband has a TBI and it has caused him alot of problems, he now has siezures all the time. This happen in Oct 05 and I am wondering what does it take to get him on disability? I have appilied him for it 6 times,he was 26 when this happened and hadn't worked much in his life now they are saying he has not paid in enough tax credits to draw disability and the only thing he can draw is ssi which is only about 600 a month and his medical bills and medications takes that up is this the only option he has? We have a 6 year old daughter together I work full time and go to school full time and still can't make all of our bills. I have thought about hiring a lawyer but not sure that it would be worth it. I understand the thing with the tax credit but I don't understand that if someone gets seriously hurt and can't work at the age of 23 and they have kids to take care what is out there to help them,,, The disabilty office told me 6 months ago that he did have enought tax credits and they denied him for what they call noncooperation with the doctors. They sent him to a psy and she was an hour late for the appt and she had asked him to do things he couldn't and he got really aggrivated and anybody that knows anything about TBI knows that moods swings are part of the TBI and because he raised his voice at her she said there was nothing she could do to help and he got denied we have sent everything from 4 inch thick folder of medical records, 5 letters from 5 different doctors recommending that he gets out on disability and pictures I don't understand what people in his situation do? Help....
Sounds to me like a good lawyer who specializes in social security could help your case greatly. Yes, he gets part of the lump sum, if there is one. It will be taken out before you ever see it. But without him, so far, you have nothing. With hard cases, they are essential. Even if he took everything (which he can't), at least you would have a monthly benefit. A good lawyer will know how to prove the "onset date" was during the time your husband was still covered by his work credits. Expect lots of things to "go wrong" during your filing process based on his young age. I definitely recommend you find a lawyer to fight for him, as quickly as possible.
To recieve SSDi it is based on tax credits. There's a forumulation of how many you need based on your age. You get one tax credit per quarter that you worked. The amount you recieve then is based on your highest earnings. Your condition plays no factor in this part at all. If you don't have enough credits you simply do not qualify to recieve it.
People who do not have enough tax credits can only recieve SSI, total household income is taken into consideration and certain assets. Unlike SSDI, SSI is a set amount and is quite low and you can not get extra benifits for your children. Because you work he may not qualify unless you are deemed low income.
I would speak to a good attorney to see if anything can be done, onset dates can only go back so far unfortunately. I was born disabled, but they only considered my onset date to be a year prior to applying.
Always hire an attorney, 25% of some money is better than 25% of no money. They can make a difference if they understand the system and specialize only in SS and WC type cases.
No matter how great your illness or pain, there's always someone else who may be worse off.
I too received a tbi in Oct. of 2005, bad month and year I guess. I have been denied several times and am in limbo waiting for a hearing. A lawyer that specializes in social security is important to find out what he qualifies for. I had been teaching for almost 15 years, and have worked since I was 15, so at 36 I had approximately 21 years of work credit, but even if I get approved it is less than a 3rd of what I was making, but at least it is more than I have gotten yet! Because I do qualify for SSD b/c of work credits my son will be eligible for some payment, not sure how long though since we are stalling I am just trying to keep myself busy and not lose the rest of my mind worrying. I know you must be frantic and I completely understand. I think your best bet is to talk to a SS advocate or lawyer. Best of luck to you both.
Glad to know that there are other people in our shoes... Nobody should have this much trouble getting any kind of help especially when their lives has already been turned upside down due to a tbi, so many say they are sympathic to the situation but nobody puts in a helping hand and gives you the information you need to get through things like this and by the time you have seen 1000 doctors and been to the hospital 100 times that pitful amount they give you to live off of and your kids to live off of is kinda insulting to a point. everyone has told me not to hire a lawyer but I feel like I am in between a rock and hard place. Hope everything goes well with you and your family and I wish ya'll the best, let me know how things turn out.
Last edited by Mod08; 09-19-2008 at 05:08 PM.
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Yes, it is tough and very unfair. I had to pay for a second neuropsych eval on my visa which is now maxed out now. It took that 19 hours of testing to "prove" the damage in my brain from multiple injuries to my brain. I got screwed over by my school district and workman's comp, so I am trying just to hang on til I get my hearing. I sold my last piece of property to pay on all this debt and have some in the bank to help. I am very blessed though to have a small state pension and I get child support so we are not totally sunk yet. I have an older car that I am having serviced and I am selling that next. All I will have left to sell off and my REMOVED business that I do online mainly. It keeps the forecloseure at bay and the sharks from circling too close...lol. Hang in there, I know it is miserable and it is enough to have to deal with the injuries and the fallout from those that are permanent much less fight for disability we have paid into all these years. I now have major arthritis issues and may have to have dual tendon surgery on my arms and hands. It just never ends! Next after that I will probably have to have another C spine surgery for more messed up discs. Anyway, hang in and hang on !
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