United Brachial Plexus Network, Inc.

Beverly,
It was a long 3 year struggle, but I won my case more on the basis of how the chronic unmanagable pain and depression affects my daily life, moreso than the disfunction of a limb.
This injury has thrown my entire upper body out of wack...shoulder instability, spinal disk issues, pain, pain and more pain. I cannot sit or stand for more than an hour and have to lie flat on my back several times a day...not very condusive to full time employment, even as a Walmart greeter! There are so many factors to consider other than just the inability to use an arm. I would recommend, as others have that you get an experienced lawyer (will cost you in the short term but will be worth it in the longterm).
I am in Canada, so our disability pension system is slightly different than in the US...but not much...the most important thing is to have medical proof that your son is unable to work at "any" job on a regular basis due to this injury, and that the condition is "severe and prolonged" ( will not go away). You will definitely require the full support of the physicians who attend to your son.
Because of your sons age, it may be even more of a struggle, but it is vital that, once you begin the process, you never give up until all levels of appeal have been exhausted. It can be a frustrating and intimidating process to say the least, but if your son is unable to work...he is unable to work.
All the best.

Court - when you stated that you won your case based on the fact that you weren't finished yet with surgery, what will happen when you are finished with surgery? I assume at some point that will apply to you - and then would your benefits stop?

This is SO confusing!!!

Kath, the list on the url you provided looked applicable. Maybe I'll try again..... I'd given up because the attorney I'd first spoken with does specialize in SSD cases. But it's worth another try with someone else.

Ellen

Ellen that is a good question, one that I have not thought about honestly! I guess when that times comes I will cross that bridge. My doc wrote a letter stating that I will need at least one if not two more surgeries and will not be able to work for at least 5 years. I guess I have untill then. Then I will see.... hopefully I will get back to work before then but in the mean while i do need some income. I am in grad school so hopefully I will get a BRILLIANT job when I am out..... feel free to ask any more quesitons too!!

COurt

go see another attorney. that type of answer is the reply i got from the social security office when i initially applied on my own. this was in 1988.i was referred to my attorney by a friend of my mothers . he had got it for her mentally disabled daughter, at the time i had a friend who worked for the government and she said i would never get it because she knew people who were dying of cancer and were denied. my lawyer said to aim for temporary disability.i emphasized the severe pain and the waiting period until the doctors knew if my arm was going to move again. because if it wasn't then i would have to have further surgery ,but the waiting period given to me was 6 years from the time of injury. i applied in sept.1988.and i got it in sept.1989.yuou get back pay from the time of injury and your lawyer only gets paid if you get disability. i was up for a review in 1999,and after i filled out about 50 pages of paperwork,social security said i was able to go back to work. at the time i was living in a different city ,so i could not use my original attorney. i consulted an attorney and they advised me that you can not be cut off unless your situation has changed.my arm was still paralized so they felt that i would surely win on appeal.i was turned down in de.1999,and as soon as they saw that i had retained an attorney they reversed their decision in feb 2000. the lawyer i contacted never had to do anything. you will need a lot of doctor recordsect..but, an attorney should really tell you all you have to do. i read on the boards that they do not recognize or have guidelines for brachial plexus injury,and my friend ran into that problem because she has rsd. this was in the late ninties,and when things were not looking good in her case,her lawyer got her disability due to mental disability.she was upset because this was not the case,but she got ssi. if you would like any further help please feel free to e-mail me gizgat@msn.com

I recived SS approval on my 1st try. I was told to expect a long wait especially since I own my own business. The advice I received was to itemize every doctor I had seen- no matter why. The list was over 5 pages long handwritten. I guess it helps if you can make it overwhelming to the case worker.

I applied for SSI back in August. They have received all my information they need to make a determination, but no response as of yet. From what I understand is that it takes up to 4 months for determination and usually the applicant is turned down the first time. In addition, their determination is based on working units, and 4 working units is required. Good luck. I'll keep you posted about my results and help if I can. Fred

Is it better to get an attorney to handle your claim for SSI?

I got SSD and YES an attorney helped me tons! After I was denied I had to appeal it and with out the attornewy, Im not sure I would have won!

COurt

Bringing to the top for a person on the OBPI board inquiring !!

Hi Ellen,
Alan was denied also & after hearing that John was turned down, we were unsure to even go to an attorney. So I went online & on there was advised to hire one. Alan met with one yesterday & he accepted his case, Even though he too said "There are one handed jobs that you could get." He did say that Alan had a case. I asked "how long?" He said every case is different, but it's usually one year or longer.
I'm glad to see that you're going to try again. The attorney will get 25 percent of the lump some that John would receive(when he wins) or nothing if he is turned down. So Go For It & Good Luck!!!!! There are plenty of attorneys listed on line just for this. Go to social service disalilty. I'm sure you'll find one by you.
Take care,
Roxane