advice please: SSDI for neurological/TBI and/or applying 10+ years late? [troll free]

[Kaylee]

This is an attempt to continue a request for advice in another thread (titled "advice please: SSDI for neurological/TBI and/or applying 10+ years late?") that had to be locked due to explicit/implicit personal attacks in 4 posts by someone.
This is neither a "pity party" nor a chat thread. This is a matter of life or death for me and others.

Thanks for all the awesome advice previously posted (particularly Brian and JD-da-Grouch), and PM'd.
I'm planning to tackle this tomorrow (Monday).

Here's my original post/question (slightly tweaked)...


SSDI application advice is sought from those who are one or more of:

• neurologically disabled (e.g. Traumatic Brain Injury)
• waited more than 10 years before applying
• used a lawyer

Please, no kibbitzing, this is life or death stuff.

Over the last year, a few people have urged me to apply for SSDI.
At first, I thought I no longer qualified, because the "onset date" was more than a decade ago and I have insufficient work history since then. After persistent pestering by JD GUMBEE, today Friday I dug further and found out he's right: I may do qualify for full SSDI.

Please share your experiences, if you're in any of the three (3) categories above.
If you'd prefer and are not a troll/spammer, feel free to PM me.
I'd particularly appreciate recommendations of law offices who have experience with both of the first two categories.

Summary of What Happened:
As I've mentioned in sundry threads, 13+ years ago I had a car accident from which I sustained a Traumatic Brain Injury.

I'm a software engineer, and my performance was immediately & obviously impacted.
I slogged along for a couple (approx) weeks, then officially asked for a leave of absence.
Things continued to degrade, I sought medical treatment, and as soon as my employer found out, they fired me & terminated my medical insurance.
Yup, classic evil.

I quickly spiralled into deep depression, and had zero further medical treatment.

It took about 3 years to get back to a state where I could reliably work (was continuing volunteer work I've been doing for half my life), albeit only telecommute from a usually quiet rental house.
First on site gig ended quickly (3 weeks), due to heinously noisy environment. Did better screening after that, but the pattern continued, such that I've had only 5 contracts and 9 1/2 paid months of work since my accident.
In all cases, I was able to work productively outside of normal work hours, however all employers grew increasingly resistant and/or I completed the work (most were emergency repair gigs).

Even worse, it's been impossible to find quiet housing on any of those contracts. I've been on a stress rollercoaster, with far more upwards curves than down/level stretches.
Those of you with TBI or similar neurological conditions, have at least some idea of what that's like.

In terms of SSDI, I have very little medical documentation.
Presumably the job I had at the time of onset, has self-damning records.
One of the two main reasons I'd rather go thru a lawyer, is I like the idea of a barracuda tackling the evil employer.

The other reason is I've had spectacularly bad experiences with confrontation government situations. The thought of going it alone shuts down my brain.

Thanks in advance for advice and personal anecdotes (even if they're failures).

 

[RoamerRV428]

you got tons of great info from the last thread. Use some of it and let us know what goes down for ya. Wishing you the best thru this journey

 

[Cammalu]

Kaylee do you have the ref for the rule that you can be over ten years and still file?

My sis was told by Social Security that she waited too late to file

Are you able to start building up your medical records?

I don’t think that I would mention doing volunteer work either.

 

[broken ed]

Keelee, you have a lot going on. I have a TBI from an accident and I’m on Social Security Disability. I believe this is different from SSDI. However – I did not use an attorney and I did not wait ten years.


The first question that comes to me is; Had any doctor ever released you to go back to work? No answer is required, the question is for you internally. I had seven doctors, none would release me to go back to work.


Two; your employer shouldn’t have anything to do with your medical records, but maybe I misunderstood, again I have a TBI. Your doctors and hospital have your medical records. And whether you do this yourself or have an attorney, you will need your medical records. Most likely they will charge a fee to get copies. I keep hard copies and scanned digital copies. In my opinion; it’s not about your injuries, it’s about what you can prove. Before you pay any fees, see if they have on line access for patient records.


Third; I made, and maintain a list of all my doctors from both before and after the TBI (accident) with phone number, address, and time period I saw them (best of your knowledge). Doctors before the accident because they can create a benchmark of your abilities. Again, whether you do this yourself or get an attorney, my opinion is you’ll need this.


Right about now, if you think the way I do, your thinking how can possibly get through all this with a brain injury.


Answer – time. Yes, of course it is complicated with the loss of income. But, let me tell you I applied for disability myself and received it on my first attempt. The best advance I got was to be completely honest. Disability is used to; and looking for not just people faking, but also people that exaggerate.


And I was told no attorney can make application for disability, they can only appeal for you. So what attorneys do, is help you apply. If you are denied then they can represent you. Attorneys can only be paid their fee from a portion of your awarded disability from the time you are denied and when (and if) they win your case. So – when you think about it, the longer your case (appeal) drags out, the larger the fee your attorney’s fee is.


I’m not saying any attorney would do this, but the system is setup to benefit attorneys if you are denied on your first attempt and your appeal takes as long as possible.


There are, of course, no magic answers. I was told not to apply on line, but I did it anyway. I can’t drive anymore and it was just the way I needed to do it. It took me five months to get all my records and fill out all the forms. I didn’t have anything to lose, I’m in a walker or mobility scooter and can’t function more then 6 to 8 hours without passing out. I’ve even been urinated on after pushing myself too far and passing out.


If you’ve applied and been denied then I’m not sure what the waiting period is. But if you have access to the Internet, it’s your best friend. The answers are there. Of course don’t always trust what you read on the web, but likewise don’t always trust the people around you (or myself for that matter) to give you the correct answers, including your doctors. Some people are just plain wrong, others don’t want to to receive disability.


I kept all my appointments with disability. If you miss an appointment you can be dined. I found the people at disability over worked but honest and reasonable. But put yourself in there place. Who knows the case load of one person at disability. I listen to there instructions and did the best I could to follow them.


Even-though I received disability on my first attempt – I immediately started preparing for the day I may get a review. I maintain all my current and past medical records, doctors and hospital stays. I’ve also got my school and military records since then. I keep all this in hard copies and backed up in digital format, with one on a USB drive in AES-256 Encryption around my neck at all times. If there’s a fire or I have to be evacuated for some reason I’ve (you, or anyone else reading this) have worked too hard to document your condition.


One last item. Check with 211. You can dial 211 in many locations or go to http://www.211.org/
Even if you are waiting or can’t get disability 211 might be able to help find resources locally.


Hang in there...

 

[owl]

Don't take offense, this is not where you should be looking for legal advice. Talk to an attorney who works in the area that affects you.

 

[Kaylee]

broken ed: thanks and congrats on surviving the bureaucratic ordeal!

Owl: I can't find any lawyers using a Geek search engine, and Google is biased by money/SEO so I haven't found anything trustworthy using it. Google's noise pretty much makes anything SSDI related biased towards money/lawyers, all but hiding unbiased survivor recommendations.
Do you have any specific recommendations for trustworthy way(s) to find a competent & specialized lawyer?

I'm asking here because there have been many excellent (albeit older) threads about SSDI that included advice to use a lawyer. None of those had specific recommendations for how to find one.

P.S. If you're so inclined, please carefully re-read the horcruxed thread.
The offensive (IMO) stuff included an attack against a rather large "protected" minority group, as well as a focusedly cruel attack against me personally.

 

[WanderingRose]

If you search using “attorneys specializing in social security disability in ———— (City where you are)”, that will give you some law firms to start calling.

If that is too cumbersome, go into the local library and use the yellow pages for Attorneys in the local phone book.

Their ads will list their specialties and areas of expertise.

 

[Beetle]

Check with the Bar in your county. Many law students and attorneys donate their time to those in need or those who have questions.

 

[Cammalu]

Kaylee, if you want to talk to a ss attorney where you are now and can’t look it up I can do that for you if you give me your location.

I’m reasonably sure they require you to be turned down once before they will take your case but a call to them will settle that question.

 

[owl]

Where I am there are senior centers that refer to attorneys that specialize in helping low income seniors. Also try contacting your local bar association for referral. Most attorneys do pro bono work locally. Luck

 

[highdesertranger]

I am going to lock this thread at the OP's request. please PM Kaylee with any suggestions. here's her request,

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"Please PM information directly to Kaylee,
only if you meet any of the 3 criteria listed."

Thanks!
3 days to go, and I'm a pile of stress.
Still nobody to fix my van, and nowhere to go

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highdesertranger