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Traumatic Brain Injuries and Long Term Disability Claims — Some Things You Should Know | RMS Law | rms.law

Traumatic Brain Injuries and Long Term Disability Claims — Some Things You Should Know

You may not be sure what exactly happened. You remember being in a car accident, but you walked away from it with only a severe concussion, right? That can’t be the reason why you’re getting more forgetful by the day, arguing more than you used to, and having trouble sleeping at night…could it?

At Rosen Moss Snyder LLP, the long term disability claim lawyers based in Philadelphia, PA, have spoken with many people suffering from traumatic brain injuries (TBIs). There are countless stories where a single fall, car accident, or another traumatic event has far-reaching effects on a person’s life. In some cases, symptoms can get so bad that you can’t work and have to apply for long term disability just to get by.

If you think you’ve experienced a TBI and are thinking about applying for disability, here are some things you should know:

What is a TBI?

A TBI is a brain injury caused by a sudden impact that results in bleeding, bruising, or other trauma to the neurological tissue. In its “mild” form, a TBI can result in your being unconscious for less than 30 minutes, while “severe” TBIs typically mean you’ve been unconscious for over 30 minutes.

Both can result in long-lasting changes that can hinder a person’s ability to work; in some cases, a TBI can qualify a person for disability payments from their insurance company.

What Kind of TBI Qualifies for Disability?

“How severe does my TBI have to be to be considered a disability?” That question doesn’t have one specific answer; it depends on the kinds of symptoms you’re experiencing, the impact that the injury has on your life, and the type of policy you’re claiming against.

While it may be a bit scary not to have a hard-and-fast rule for when your TBI counts as a disability, the good news is that it offers you more opportunities to qualify.

Generally, if you can’t do your job, then you qualify. This means that any combination of physical, psychological, or emotional symptoms can qualify you for disability payments.

What Medical Proof Do I Need?

The short answer to “What medical documents do I need?” is “all of them.”

TBIs are complicated, with ever-changing symptoms and complex prognoses. You need more than a doctor’s note to prove your disability to an insurance company, no matter how true it might be.

Make sure your doctor keeps a clean copy of his or her notes in your file that can be easily examined. In addition to copies of their notes, it’s vitally important to have your doctor perform a full assessment of your functionality. MRIs, brain scans, assessments done by psychologists, caseworkers, and others should be available to document the impact your TBI has on your life.

Insurance companies have an interest in denying your claim, regardless of how difficult your TBI has made life. That’s why it’s imperative to have as much documentation verifying your symptoms as possible, so there is no doubt about your TBI’s impact on your life.

If you’ve been diagnosed with a TBI, or have been denied disability benefits and want to speak with a long term disability lawyer serving the Philadelphia area, call Rosen Moss Snyder LLP today!  

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