new ssa fact sheet on bpi

[njbirk]

It means that the SSA now has the criteria to determine SSI based on these new guidelines. It should be much easier to get than it was before because it now list bpi specifically AND because it allows for disability based upon one extremity and does not require two as it did previously.

You will still need to prove extent and severity of injury and how the injury affects the specific functions of the individual being considered. They will look at milestones as they did before.

I certainly hope that this makes SSI much easier to obtain for us and our children with bpi.

Nancy Birk
UBPN President

[admin]

the only question that remains unanswered now, is are the children who have already settled their lawsuits able to try and receive ssi even though they have a settle they cant touch until they are 21 OR if they do get ssi do they have to repay anything once they do receive their settlement at 21?

[admin]

If you settled that money that was awarded should be available to you.

[lizzyb]

Hi Nancy

I posted the folloeing on the TBPI boards, but didn't get an answer...so I've cut and pasted it here...

Well done Kath and Nancy!

I have a question though (you just knew I would, didn't you?? ;0))

Was it always the case that however you got the BPI, whether at birth or later in life (TBPI) the powers that be never did consider that one arm being affected was a true disability?

I'm only asking out of pure curiosity. It just seems incredible to me that they would only consider two arms being affected as a disability, and not one single arm. Maybe I've read the whole thing wrong??

Lizzy F

PS Might seem a bit of a daft question, but what is the ruling on legs then? Same thing..one leg affected and you're not disabled...two and you are?

[Carolyn J]

Lizzy,
It is my experience and research reading that BP Injuries often more than not, involve a leg and or foot also on the injury side. Mine does; AND, if not alot of us OBPI's have Sensory Intergration Disabilities also..NOW we know about SID & often Learning Diabilities too, that if caught early enough, interventions(teacher education, testing, OT's are trained in SID too now) kids can, and often do very well. In "my day" they didn't know about SID, of course as I am as old as Methoossalah(sp.??)..LOL
Hugs,
Carolyn J

[Kath]

Lizzy

SSA uses the Blue Book under Neurological Disorders to find the code that must be used to help them make a determination for disability benifits..
Because there is no code for bpi, they (SSA) must try to fit us in on numerous codes.
BPI is not mentioned nor did it have a code specifically for use when determining bpi cases.
As a result people were turned down because they did not know where to put us.

I never researched or thought of applying for disability until 5 years ago so, I am not sure if it was always this way or not.
Because TBPI injuries are new and they have a large paper trail of tests you would think they had a better chance of getting disability but many report being turned down because of the lack of information regarding this injury and a specific code to apply to us.
Unless a tbpi has other injuries and meet the present requirements of two limbs being affected they have a difficult time getting disability benefits.
It appears that many of the TBPI population have had to hire a lawyer to obtain their benefits.
The majority of adult/OBPI do not have medical records.
In the USA, up until about 10/15 years ago, all medical records were for doctors eyes only.
This means we do not have the proper medical documentation to prove we are injured and have a disability.
Adult/OBPI are often told (as I was) that our injuries had to be treated as a "new" injury.
Therefore, when they file, they must be without pay for at least 5 months and they must find a doctor who will give them a diagnosis of bpi.
Often adult/obpi do not qualify for disability because of the lack of paper trail of tests and information.
I was told I function at such a high level all my life that I was not really disabled.
I had to have letters from primary care physician, neurologist, PT and orthopedist to prove I was really disabled now...

I would think a letter from my husband should have covered it all.... LOL....

This Policy statement is important because it specifically mentions brachial plexus injury.
It also refers to the severity of the injury.

A disability judge at the conference we attended said he had to hire and outside expert to adjudicate a TBPI case.
He was very interested because the person had been turned down and was in severe pain and lost the function of his arm.
He agreed with us that BPI injury should be assigned its own specific code.

It amazed me when I found out two limbs had to be involved.
I don't know about the legs but I bet that you must be wheelchair bound before you get automatic disability.

I am still jumping for joy at this statement.
It is a big step for SSA and one I did not expect to come through so quickly.
You know how slow government agencies work... LOL.
Does this help a little to explain it?

I'm sure Nancy will pop in on this and add her 2 cents.

Kath(robpi/adult)

PS: I thought I posted this a few hours ago but instead I just previewed it and moved on without posting... LOL...

[admin]

http://policy.ssa.gov/POMS.NSF/lnx/0424580030...

Can someone please tell me the date of when this new definition became valid? My child entering kindergarden and a mere four weeks mod-quad post-Liberty splint was evaluated by her school system with a one line conclusion, "[This BPI child] has no disability." PERIOD. When I read that I burst into tears....

[admin]

It is imperative to me in my ongoing struggles with my local school and social services systems to understand the history of the new SSA definition of BPI as a listing among disability as this new definition has great bearing on my BPI child. My BPI child very recent post op from mod quad has never been recognized, in writing, as disabled by neither the school or social services. I urgently need clarification on this because the private service that I have been required to seek is costing a great amount of money, etc...

Liz

[brandonsmom]

Null,
Don't forget that a child in the schoool system is not disabled unless it effects their academics. It is unfair but it is the way it is. I can only tell you this because I know from experience. Gayle mom of Brandon

[lizzyb]

Thanks for the explanation Kath...much appreciated.

Sorry to keep on flogging this, but have I got this right? Before the ruling, you had to have both upper limbs affected before they could find a 'class' to put someone with a BPI, therefore making it very difficult to apply for SSA, and now after the ruling, someone would need only one upper limb to be affected to apply?

I would like to put news of this up onto the TBPI Group website if I may for all the USA visitors that we get, and I want to get the info as accurate as possible.

Have I UBPN permission to do this? I will of course let the BOD's see the article for proofing before uploading.


I think this new ruling could have a huge impact on the lives of people who have sustained a truamatic BPI in the U.S.
Many thanks....

Lizzy F