Cognitive Dysfunction and Qualifying for Disability Benefits
If you suffer from Cognitive Dysfunction you may qualify for disability benefits
Author Attorney Lloyd Bemis:
Cognitive dysfunction is a complication that can result from many different medical or mental conditions. Because of the wide variety of factors and causes, it can be difficult to recognize and treat an individual for cognitive dysfunction or cognitive impairment. This makes it even more difficult to function with the impairment, which can be highly challenging in its own right. If you experience severe cognitive dysfunction that is preventing you from maintaining employment, you may qualify to receive Social Security Disability benefits.
Social Security Disability (SSD) benefits are paid to disabled workers who can no longer work due to a disability expected to last at least 12 months, or result in death.
These monetary payments can make a dramatic impact on your financial situation. When your disability prevents you from working like you used to, and results in high medical bills, making ends meet can be very difficult and life even more challenging. SSD benefits are designed to alleviate some of that financial stress that is caused by your disabling condition.
When Does Cognitive Dysfunction Qualify for SSD?
Cognitive dysfunctions take many forms, and can be related to a multitude of other conditions, such as depression, stroke, traumatic brain injury, and memory disorders. Some of these related conditions are severe enough to be considered disabilities, qualifying you for benefits if you can prove you have certain symptoms and complications.
You may also qualify for SSD benefits if your cognitive dysfunction or impairment is caused by an organic mental disorder.
These disorders cause psychological or behavioral abnormalities due to brain dysfunction, and often lead to cognitive dysfunction. Your organic mental disorder may be automatically considered a disability by the Social Security Administration, if you can meet the criteria listed for the disorder. To qualify under the organic mental disorder listing, you will need to prove through medical evidence that you experience certain symptoms and complications due to the disorder.
If you have been denied disability for Cognitive Dysfunction or Cognitive Impairment you may still qualify for benefits. Don’t give up! Contact an experienced Social Security disability attorney at 512-454-4000
If your cognitive dysfunction does not meet the requirements for the organic mental disorder listing, you may still qualify to receive SSD benefits due to your inability to work.
Many cognitive dysfunctions can seriously impact your ability to work or function during daily activities. If that is the case, your condition could be deemed a disability, qualifying you to receive SSD benefits. An experienced disability lawyer can help you present your case to the SSA.
A Dickinson client of ours was denied Short Term Disability by Cigna.
She underwent a neuropsychological evaluation which found cognitive impairments. At the suggestion of the neuropsychologist, she then underwent a Functional Capacity Evaluation which found physical limitations. Both of the tests, which are considered the “gold standard” for making disability determinations, found our client incapable of full-time employment. Her doctor described her limitations so as to include two hours of rest with every one hour of activity. These restrictions were indefinite. Although she could perform some functions, she was limited to part-time work and could not earn 80% of her indexed pre-disability earnings unless she could work at least 80% of a full-time schedule. There was no evidence in the record that she could do so. We fought Cigna when it denied her claim and were granted a settlement.
If you or someone you know has been diagnosed with a condition resulting in cognitive dysfunction, call the Disability Law Firm Bemis, Roach & Reed today. You may be entitled to Social Security Disability benefits. Applying for disability without legal help can be exhausting, confusing and time-consuming, especially when you are trying to cope with the daily challenges of your disabling condition. Another unfortunate aspect of dealing with a disability is that long term disability insurance providers notoriously deny valid claims for disabled claimants. If your long term disability claim was denied due to your cognitive dysfunction, or you want to apply for SSD benefits, call our attorneys today. We serve clients in the Austin, Texas area and throughout Travis County, Central Texas, San Antonio, Houston, and Dallas/Fort Worth. Contact us now for a free initial consultation. Call 512-454-4000 and get help NOW.
Author: Attorney Lloyd Bemis has been practicing law for over 35 years. He is Superlawyers rated by Thomson Reuters and is Top AV Preeminent® and Client Champion Gold rated by Martindale Hubbell. Through his extensive litigation Mr. Bemis obtained dual board certifications from the Texas Board of Legal Specialization. Lloyd is admitted to practice in the United States District Court – all Texas Districts and has argued before the U.S. Court of Appeals, Fifth Circuit. Mr. Bemis is a member of the Travis County Bar Association. He has been active in the American Association for Justice and is a past Director of the Capital Area Trial Lawyers Association. Mr. Bemis and all the members of Bemis, Roach & Reed have been active participants in the Travis County Lawyer referral service.
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