(Cont’d)
Injury Claims
If the incident resulting in a brain injury involves another person or another person’s property, there is a possibility their insurance may have some liability to assist you with your medical and other expenses. The only way to know for sure is to discuss the incident with an attorney. When seeking an attorney for advice, be sure to select one who has extensive background in head and brain injury cases. The experienced attorney can estimate and obtain compensation for you to pay the future expenses you’re not yet aware of.
Worker’s Compensation
For those injured on the job, worker’s compensation insurance can offer significant benefits that may not be fully available under some medical insurance policies. Be aware that some health insurance policies will not cover expenses that are eligible for coverage under worker’s compensation.
Also, if you haven’t experienced insurance programs designed by government beaurocracies, prepare to be shocked by the difficulties in filing a claim and a process that may seem adversarial. Many attorneys make a substantial living assisting injured workers in obtaining benefits due them under worker’s comp.
Credit Cards and Organization Memberships
Don’t overlook potential medical benefits that may come with credit cards and organization memberships. Call each issuer or group to find out if medical benefits are available.
Disability Insurance
The cognitive impairments of a traumatic brain injury can make it impossible to hold a job. This is exactly the type of misfortune disability insurance is designed for. Unfortunately, brain-injured people can appear to be normal in casual situations where deficits in organizational skill, executive function, memory, and other work-critical skill areas are not evident.
It would not be unusual for an insurance company to challenge a disability claim without rigorous documentation from medical and rehabilitation experts. Be sure you have all the relevant letters from experts and results from neuropsychological and other tests corroborating the extent of the impairments. If you are being treated unfairly, the services of an attorney may be advisable.
Medicaid
Brain injury survivors with significant disabilities who have exhausted their medical insurance benefits or cannot obtain health coverage may qualify for Medicaid medical insurance. Medicaid is a federally sponsored program administered by the states. Each state establishes eligibility requirements, so you will need to contact the social services office in your state to see if you qualify.
SSDI and SSI
People with disabilities who are unable to work may qualify for Social Security Disability Income (’SSDI”) or Supplemental Security Income (”SSI”). In the same way a retired person receives a Social Security check each month for retirement benefits, a disabled person may receive a monthly check to help with daily living expenses. This is another government program fraught with nightmarish rules and roadblocks to receiving the benefits for which you may be eligible. A good attorney specializing in this area can provide advice on how to file your claim successfully, and will provide assistance if you encounter difficulty.
Note: This article is for information purposes only and is not intended to provide legal advice. For legal advice, please consult an attorney experienced in the appropriate area of law. If you need help finding an attorney, please use the form at the upper right to contact us for a referral.
This article is featured in “The Second Carnival of Special Needs and Money” at Kim Greenblatt’s blog “Profitable.”
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