Disability for my son...very frustrated!!!

[bttyboop1977]

What is the name of your state (only U.S. law)? Colorado

This is sort of a long drawn out thing but I will try to sum it up as best I can without writing a novel.

I have twin boys, almost 9 years old, when they were 5 months old one son was hospitalized with aquired brain injuries from Shaken Baby Syndrome. He was in the hospital for over a month. His brother was, at the time, given a CT scan as well to see if he had any injuries as well. He showed older and newer injuries at the time he was scanned. The child who was hospitalized came out of the hospital with significant delays. He was in physical and occupational therapy for years.

At that time I applied for disability for him and was denied stating as a reason that I had to show that his injuries were going to cause him significant delays through out his life, i.e. in school, causing him delays in learning and behavioral, etc. One he started school I got him his IEP and showed his delays to the disability people and they approved him based on his academic delays and behavioral issues, impulse control and sensory integration issues, etc.

His brother, started showing delays and the same behavioral problems and sensory issues later on at the age of 7. I then applied for disability for him as well since he was now showing the delays and problems that they originally said I had to show in his brothers case for approval. He was denied based on the fact that he did not have any physical disabilities. I appealed the decision and they still denied him.

So my confusion is basically this...

Why would they approve one son based on his learning and behavioral delays, but then turn around and deny the other. They have the same issues, the same problems, the same delays.

Also, now that they have denied my appeal they have told me that I can request a review, which I intend on doing, what should I do to help my son's case?

I am very frustrated at this point as it has taken over 2 years to get to this point and he still was denied. Any advice would be appreciated.

Oh and I am looking at hiring an attorney for the review process but I would like to know if there is anything else that I can be doing.

For the appeal process I provided them with my son's IEP's, letters from his special education teacher, letters from the individual who had to help my son take his CSAP's stating everything that it has taken to get my son to even be barely partially proficient in his class, as well as letters from the neurologist stating that his behavioral and learning delays are due to his brain injury.

I don't know what else to do.

thank you for any help you can give.

[BL]

Originally Posted by bttyboop1977

What is the name of your state (only U.S. law)? Colorado

This is sort of a long drawn out thing but I will try to sum it up as best I can without writing a novel.

I have twin boys, almost 9 years old, when they were 5 months old one son was hospitalized with aquired brain injuries from Shaken Baby Syndrome. He was in the hospital for over a month. His brother was, at the time, given a CT scan as well to see if he had any injuries as well. He showed older and newer injuries at the time he was scanned. The child who was hospitalized came out of the hospital with significant delays. He was in physical and occupational therapy for years.

At that time I applied for disability for him and was denied stating as a reason that I had to show that his injuries were going to cause him significant delays through out his life, i.e. in school, causing him delays in learning and behavioral, etc. One he started school I got him his IEP and showed his delays to the disability people and they approved him based on his academic delays and behavioral issues, impulse control and sensory integration issues, etc.

His brother, started showing delays and the same behavioral problems and sensory issues later on at the age of 7. I then applied for disability for him as well since he was now showing the delays and problems that they originally said I had to show in his brothers case for approval. He was denied based on the fact that he did not have any physical disabilities. I appealed the decision and they still denied him.

So my confusion is basically this...

Why would they approve one son based on his learning and behavioral delays, but then turn around and deny the other. They have the same issues, the same problems, the same delays.

Also, now that they have denied my appeal they have told me that I can request a review, which I intend on doing, what should I do to help my son's case?

I am very frustrated at this point as it has taken over 2 years to get to this point and he still was denied. Any advice would be appreciated.

Oh and I am looking at hiring an attorney for the review process but I would like to know if there is anything else that I can be doing.

For the appeal process I provided them with my son's IEP's, letters from his special education teacher, letters from the individual who had to help my son take his CSAP's stating everything that it has taken to get my son to even be barely partially proficient in his class, as well as letters from the neurologist stating that his behavioral and learning delays are due to his brain injury.

I don't know what else to do.

thank you for any help you can give.

Consult an SSI attorney .Many have free consults .(find one ).

If the attorney takes on the case ,make sure it's on a contingency basis .Meaning if the attorney wins for you he takes approx. 25 % of any back ( retroactive benefit amount ) .If he loses he is owed zero. Make sure you get that agreement form signed and are provided a copy .

Good luck.

In the meantime speak to the School's IEP office and the child's Drs. to get them on your side .Any NEW updated proofs ,recommendations ,addition DX's would be helpful.

Set up appointments with providers to go over your concerns on the child qualifying.