THE Challenge! Spring 2014

BRAIN INJURY ASSOCIATION of America | Volume 8, Issue 2
Challenge!
the
legal bills
insurance
financial secur ity
claims
employment
medical expenses
compensation
Social Secur ity Disability
structur ed settlements

Spring 2014
THE Challenge! is published
by the Brain Injury Association
of America. We welcome
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community. Please send
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Contents
4
8
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please visit the sponsorship
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Association Staff & Volunteers:
Marianna Abashian
Greg Ayotte
10
Amy C. Colberg
Susan H. Connors
William Dane
22
Robert Demichelis
Ahmed Huidobro
Jessica Lucas
Mary S. Reitter
Rob Traister
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Copyright 2014 BIAA
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No part of this publication may
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Please recycle this issue.
3 From my Desk
4 Lifetime Financial Security
for Plaintiffs with TBI
8 Financial Strategies for
Individuals with Brain Injury
10 Applying for Social Security
Disability Benefits
14 Research: Helping Individuals
with Brain Injury Obtain or
Return to Work
16 Advocacy Update
18 Honor Roll of Donors
22 BIAA’s Preferred Attorneys
26 State Affiliate News
32 News & Notes
26
2

From My Desk
As we were finalizing this issue of THE
Challenge!, we received an e-mail from a
56-year-old woman who was struck by a car
in a crosswalk 13 years ago. She agreed to
accept a structured settlement for her injuries
but then sold it for a lump-sum payout. When
she realized she had traded a lifetime of
financial security for a little more than $10,000,
she contacted the company that purchased
her annuity. She explained that she was on
medication and didn’t understand what she
was doing when she signed the papers. The
company representative allegedly laughed at
her and hung up the phone. This woman who
had been victimized twice—first by a careless
driver and then by an unscrupulous corporation
—brought this to BIAA’s attention in the hopes
that we could prevent others from enduring
the same devastation and humiliation she
experienced.
Each year, thousands of people call BIAA’s
National Brain Injury Information Center
(1-800-444-6443) looking for information to help
them in their daily lives. They often contact us
for help dealing financial problems. Dealing
with medical bills and lost income can quickly
become overwhelming. That’s why this issue of
THE Challenge! is dedicated to the financial and
legal issues facing people with brain injuries
and their families.
This issue explains what a structured
settlement is, how it works, and the long-term
consequences of selling a settlement for a
short-term payout. We also discuss working
with a qualified financial professional to help
manage your finances for life. We also cover
research on unemployment, transition, and
returning to work, and how to apply for Social
Security Disability benefits in the event that
returning to work is not an option. Finally,
we introduce readers to the attorneys who
have been recognized for their service to the
brain injury community through the BIAA
Preferred Attorneys program. BIAA created
this program to help people who have been in
injured connect with attorneys who are effective
advocates for people with brain injuries.
As always, we’ve included an update on federal
legislation, news from affiliates and highlighted
the individuals and organizations that support
our organization financially.
I also want to take this opportunity to thank the
members of BIAA’s board of directors and our
staff and volunteers. To a person, they work hard
to advance prevention, research, treatment, and
education to improve the quality of life for all
people affected by brain injury. I am grateful to
them.
Susan H. Connors, President/CEO
Brain Injury Association of America
www.biausa.org 3

Lifetime Financial
Security for
By Martin Jacobson, Esq.,
General Counsel, Creative Capital Inc.
Plaintiffs with TBI
A decade ago I participated as a speaker at the
Mt. Sinai Medical Center in New York City in
a two-day program entitled, “Understanding
the Medical and Legal Aspects of Traumatic
Brain Injury,” a program offered by the Brain
Injury Association of New York State to doctors,
lawyers, and members of the public.
Prior to my participation in this program, I had
consulted with and provided legal guidance for
a number of years to trial lawyers and their TBI
clients on the use of structured settlements in
resolving personal injury lawsuits. The topic of
my presentation dealt with financial security for
plaintiffs with brain injury and involved the use
of structured settlements to guarantee a secure
future so that people with brain injuries would
always have a roof over their heads, food on
their tables, appropriate medical care, and a
comfortable lifestyle for themselves and their
families for as long as they live.
Just like people who retire, every personal
injury plaintiff who receives a settlement must
ask the following question: “Will my money
last for the rest of my life, or will I outlive
my money?” Receiving a large lump-sum
settlement of a personal injury lawsuit is no
guarantee that it will last a lifetime. People who
receive large lump sums from settlements and
other sources are often penniless or bankrupt
within a few years.
In one recent settlement a plaintiff chose a
substantial structured settlement plus a $1.7
million up-front immediate cash payment.
Three months later the plaintiff had only $6,000
remaining. In another case, a police officer who
was severely hurt on the job received a large
structured settlement and $2 million in cash
at the time of settlement. A year later the $2
million was gone.
The good news for both of these plaintiffs was
that they both structured their settlements to
guarantee that 100 percent of their needs would
be adequately and comfortably met for life.
What is a structured
settlement?
A structured settlement is a tailor-made
payment plan designed by you, working with
a licensed professional, using special tax-free
settlement annuities issued by select top-rated
life insurance companies, to make sure that
every item of your (or your loved one’s) Life
4

Care Plan will be met for life. The settlement
can include inflation protection, including
a recently approved Index-Linked Annuity
Payment Adjustment Rider in appropriate cases.
Your plan can also include some or all of the
following:
• guaranteed monthly tax-free income for a
specific number of years plus life thereafter;
• guaranteed scheduled future lump-sum
payments;
• a guaranteed education fund for a child’s or
grandchild’s college education;
• cost of living adjustments; and
• index-linked payments as mentioned above.
Future Decision Making
Decision-making for people with a TBI is
sometimes challenging. When a person makes
financial decisions and manages money on
an ongoing basis, many perplexing financial
decisions have to be made over the years. Is the
stock market likely to rise or fall? What stocks,
bonds, or mix of investments should I make?
Do I invest for the long term or short term?
Should I buy and hold?
each of these individuals failed to do, however,
was to enlist the advice of a reputable, dulylicensed
financial advisor to professionally
manage the cash portion of their settlement.
Had they done that, and had they listened to the
advice of that advisor, the likely outcome would
have been different.
By combining the guaranteed payout from
a structured settlement with the advice of a
qualified financial advisor, the plaintiff with
TBI will have steady, guaranteed income for
all purposes to ensure a secure future. A welldesigned
structured settlement will allow the
plaintiff with TBI to refrain from drawing money
from the managed investment portfolio in
(continued on page 6)
Even experienced financial advisors struggle
with these questions.
With a structured settlement, future market
performance is irrelevant. Once you secure a
structured settlement, the payments you have
been guaranteed (in writing in the various
settlement documents) are what you will
receive. No deductions from your payment
stream will ever be made by the life company
paying you, and no income taxes are charged.
Your payments are 100 percent tax free. If
$100,000 goes into a structure and it pays out
$150,000 (or more), not only is the $100,000 tax
free, but so is the additional $50,000.
Best of Both Worlds
Most plaintiffs who choose to structure their
settlements also take some of the settlement
in cash. The two cases previously mentioned
involved plaintiffs who took cash up front. What
www.biausa.org 5

Lifetime Financial Security
for plaintiffs with TBI
(continued from page 5)
times of declining stock and bond markets,
allowing time for the recovery of the market
and the portfolio.
A Word About Companies
That Want to Buy Your
Guaranteed Payment
Stream
We have all heard the late-night TV
commercials with people screaming, “I want
my money now,” followed by an actor with
a reassuring voice offering to purchase
a stream of guaranteed payments from
“structured settlement” recipients, lottery
winners, and other recipients of annuity
payments. These “factoring companies”
recognize the value of guaranteed payments
from structured settlements and want to
buy them to sell to investors for a profit. In
doing so, these factoring companies will
“discount” the true value of the payment
stream and when they sell the same
payment stream to an investor, they will
charge the true value. The difference is their
profit.
How can you protect yourself from
falling into a position of having to sell the
structured settlement payment stream? Take
some of your settlement in cash and employ
a qualified financial advisor to protect,
invest, and professionally manage that
money so if an emergency occurs there is
no need or temptation to sell your valuable
structured settlement payments. Your future
will be secure with a structured settlement.
Martin Jacobson, Esq., is vice president and general
counsel of Creative Capital Inc. He is also a licensed
attorney in New York and New Jersey with extensive
trial experience in both the state and federal courts. He
negotiates structured settlements for Creative Capital’s
clients, oversees CCI’s in-house legal team, and is an
expert on the subject of periodic judgments.
6

www.biausa.org 7

Financial Strategies
for Individuals
with Brain Injury
By Brad Sherman, President of Sherman Wealth Management and an
advisory representative of Lincoln Financial Securities Corp., Member SIPC
Individuals who have sustained a traumatic
brain injury (TBI) often have difficulties that
can affect all aspects of their lives and, more
specifically, can impair their ability to manage
financial affairs. Navigating your finances after
a TBI can be overwhelming and intimidating
when there are different directions to take and
so much information to digest.
Finding the right financial professional to assist
you and guide you on a path unique to your
specific needs is important. The right partner
will help individuals with TBI create a strategy
to cope with the anxiety that often comes with
managing one’s finances.
With access to the right assistance, information,
and tools, one can address financial concerns
and develop a path to achieving financial
stability. The assistance that is required depends
on the distinct needs of the individual and can
range from providing management of day-today
financial affairs to creating and addressing
goals to obtain present and
future financial security and
well-being.
A money manager can provide you with the
most relevant resources and tools to fit your
unique goals, whether you need guidance to
make your own financial decisions or a trusted
partner to do so on your behalf. In doing so,
a money manager can help you understand
the information given to you so you can make
the most informed decisions regarding your
personal finances.
The right money management professional
can provide assistance with the following:
• What to expect when awarded a financial
settlement:
• How to manage a lump sum of money
while protecting and maintaining your
lifestyle;
• How to communicate with family and
friends after you’ve received a settlement
while keeping the monetary value
confidential.
When looking for a money
management professional,
it is important to seek a
collaborative partnership with
someone who specializes
in a fully customizable,
personalized approach to
managing finances, not a
one-size-fits-all approach.
Together, you can establish a
tailored plan that is right for
your financial situation.
8

• The options available to support yourself if
you are unable to work due to TBI:
• Budget planning
• Income-producing security investments
• Day-to-day assistance:
• Opening and closing accounts
• Making large or small purchases and
transactions including household needs,
property, and automotive
• Financial planning including:
• Low-fee and tax-efficient investments
• Life insurance
• Retirement planning
• A network of trusted professionals:
• Legal professionals who specialize in
estate and trust planning, guardianship,
power of attorney, and beneficiary rights
• Accounting professionals
• An inviting, objective, and trusted
environment where you can express your
financial concerns:
• If you are living with TBI, it is important
to have an advocate you trust to help you
avoid being exploited
• Availability:
• Face-to-face, personalized attention,
unique to your specific needs
• A collaborative partnership
There are enough difficulties and roadblocks
if you or a family member are living with TBI.
Managing your finances does not have to
be one of them. A money manager can help
address the concerns you feel surrounding
your finances. With the right professional
assistance, your goals and wishes will be the
top priority. You will have access to expertise
and experience as well as a network of financial
professionals and resources to assist you in
managing your finances efficiently. With a
collaborative partnership, you can create a
present and future that you are comfortable
with and can enjoy.
LFS-913024-042814
www.biausa.org 9

Applying for Social
Security Disability
By Sharon Maynard
Benefits Bennett, Hartman, Morris & Kaplan
Applying for Social Security disability benefits
can be a confusing and frustrating experience.
There are a lot of forms to fill out, deadlines
to meet, and occasional misinformation from
the Social Security Administration (SSA). It is
important to remember that SSA is a federal
bureaucracy and that persistence is often the
best strategy.
The SSA manages two distinct disability
programs: Social Security Disability (SSD)
and Supplemental Security Income (SSI).
Participants may be eligible for one program
or both, depending on the circumstances.
SSD is funded through Federal Insurance
Contributions Act (FICA) deductions from
employee paychecks. To qualify for SSD
participants must have worked long enough to
be “insured” for disability. Upon being found
disabled, participants may also be eligible for
Medicare after approximately 29 months.
SSI is generally for people who have not
worked long enough to qualify for SSD, or who
qualify for only minimal benefits. It is a federal
welfare program and participants must meet
financial eligibility criteria to qualify. Under
SSI, participants are eligible for Medicaid
immediately upon being found disabled.
Applying for SSD is a reasonably easy
process and can be done by calling the SSA at
800-772-1213, by going to a local Social Security
office, or by filing online at www.ssa.gov. The
website is designed to be user-friendly and
SSA prefers that applications be filed online.
To evaluate a claim, SSA will pull medical
records and send the applicant forms to fill out
regarding work history, medical condition, and
activities of daily living.
Appealing a Denial
There are three levels of appeal within SSA
if the application is denied: reconsideration,
hearing, and appeals council review. Under
some circumstances, further appeals can be
filed in the federal judicial system. All appeals
must be filed within 60 days of the date of the
last denial. Failure to file an appeal within 60
days may result in loss of the ability to appeal
or decrease the amount of retroactive benefit to
which the applicant would otherwise be entitled.
Statistically speaking, claimants have the
best chance of winning at the hearing level.
Nationwide, the statistics show about 35 percent
of claimants win at the application stage, 12
percent win at reconsideration, and nearly 50
percent win at the hearing.
It is very important to retain an attorney who
specializes in SSD law at the hearing stage.
There are non-attorney representatives who
will agree to represent claimants, however, they
may not be as knowledgable about the law and
cannot represent claimants in federal court.
Furthermore, although the hearing is designed
to be non-adversarial, the judge is not there to
advocate for the claimant. Claimants also have
the burden of proving four of the five steps of
the analysis used to determine whether they
are in fact disabled (go to www.ssa.gov for the
disability analysis). Providing the proof necessary
to persuade a judge that a disability exists can
be difficult. Finally, the judge will almost always
call one or two expert witnesses to testify at the
hearing. Claimants have a right to cross-examine
those witnesses, but knowing what to ask to help
— not hurt — the case also can be complicated.
A loss at the hearing results in all future appeals
being dependent on the hearing judge’s analysis
of the evidence. It is critical to have all relevant
10

evidence in the record by the hearing, including
appropriate testimonial evidence, to provide the
best chance of winning any future appeal.
How to Find an Attorney
An experienced Social Security attorney can help
prepare for the hearing and the particular judge
presiding over the hearing, organize testimony,
gather medical and other evidence, and crossexamine
any expert witnesses.
A good place to find an experienced Social
Security attorney is at the National Organization
of Social Security Claimants’ Representatives
website (www.NOSSCR.org).
All Social Security attorneys must take cases on
a contingency basis — no attorney fee is owed
unless the claimant wins benefits. Attorneys are
allowed to charge 25 percent of past due benefits
or $6,000, whichever is less.
Join Sharon Maynard on Oct. 9, 2014 for the BIAA Butch
Alterman Memorial Webinar “Applying for Social Security
Disability Benefits.” Registration information can be found at
www.biausa.org/webinars.
www.biausa.org 11

How SSA Decides if an
Applicant is Disabled
SSA uses a step-by-step process involving five
questions. Visit the SSA website for a complete
description of the process and additional
information.
Applying for Social Security
Disability Benefits
Have you worked enough years?
Are you working?
Generally, you must prove that you are earning
under $1,070 a month. If you are earning over that
amount you are not disabled. If you are under
that amount go to Step 2.
Is your condition “severe”?
You must prove with objective medical evidence
that you have physical or mental impairments
that interfere with performing basic work-related
activities. If you don’t have objective evidence
or cannot prove they interfere with basic workrelated
activities, you are not disabled. If you can
prove both, go to Step 3.
Is your condition found in the list of
disabling conditions?
The List of Impairments is a list of impairments
with specific severity requirements that SSA has
determined are per se disabling. If you have one
of these conditions at the required severity, you
can win at Step 3. If your condition does not meet
the specific requirements, SSA may find that
your condition equals the required severity. If you
cannot prove either, go to Step 4.
Can you do the work you did previously?
You must prove you are unable to perform any
work you have done in the last 15 years, either
as you actually performed it on your job site or
as its generally performed in the economy. If you
cannot prove this, you will lose at Step 4. If you
can prove this, go to Step 5.
Can you do any other type of work?
At this Step, SSA has the burden of proving that,
although you cannot return to your past work,
there is other work you can perform considering
your medical conditions, age, education, past
work experience, and any transferable skills you
may have. If SSA proves there is other work you
can do, you will lose at Step 5. If SSA cannot
prove there is other work you can do, your claim
will be approved.
NO
Do you meet
eligibility criteria?
If Yes, apply
YES
Reconsideration
Denied?
YES
Apply for
Social Security
Disability (SSD)
NO
Benefits Received
(Will be eligible for
Medicare in 29 months)
Denied?
YES
Hearing
NO
Source: www.socialsecurity.gov
Denied?
YES
Appeals Review
Denied?
YES
Federal Judicial
System under some
circumstances
NO
NO
12

www.biausa.org 13

esearch:
By Susan L. Vaughn
SL Vaughn & Associates
Helping Individuals
with Brain Injury
Obtain or Return
to Work
The opportunity to earn a living and be a financially independent, contributing member
of society is a universally held goal for everyone, including individuals with brain injuryrelated
disabilities. The following research is currently being conducted by federal agencies
and national foundations to improve transition services, vocational rehabilitation services,
and employment options and outcomes for individuals with brain injuries.
Prevalence of
Unemployment
Researchers at Craig Hospital, in
collaboration with the National Institute on
Disability Rehabilitation Research (NIDRR)
and the Centers for Disease Control and
Prevention (CDC), recently investigated
the prevalence of unemployment among
people with TBI. The project included late
teens and adults with TBI in the United
States who were of working age (16 to 60)
at the time of injury, received inpatient
rehabilitation for a primary diagnosis
of TBI, and were injured between
October 1, 2001 and December 31, 2010.
The project used weighted data from the
TBI Model Systems National Database.
Two years after injury, more than 60
percent of study participants were
unemployed. Factors and variables
affecting unemployment in this study
included demographic, socio-economic,
and injury severity-related variables. In
future studies, researchers hope to be
able to include modifiable risk factors to
investigate how these factors might predict
future unemployment.
14

Research on
Transition Services
The University of Oregon received a oneyear
NIDRR grant to assist students with
TBI in transitioning from high school to
vocational training, work, or post-high
school education. Project staff are to develop
and evaluate the efficacy of an interactive,
web-based information and training
program designed to
• teach students with TBI self-determination,
self-advocacy, and problem-solving
strategies to cope with the challenges
of TBI;
• assist parents in the transition process; and
• teach educators how to modify transition
materials to meet the needs of these
students.
Another NIDRR project conducted by the
Kent State University Center of Disability
Studies supports the transition of
undergraduate and post-graduate students
with TBI from post-secondary education to
employment. The project started in 2013 and
will end in Fiscal Year 2017.
The University of Alaska Center for Human
Development is a recipient of a two-year research
project, known as BrainWorks, which is funded by
the Kessler Foundation to assist individuals with
brain injury in starting a business. The Kessler
Foundation also funded the Brain Injury Association
of Florida’s Project RESULTS (Realistic Funding
Strategies, Ultimate Long Term Results) to boost
employment retention of indiviuals with brain
injury across the state.
The U.S. Department of Labor (DOL) is funding
the America’s Heroes at Work project to address
the employment challenges of returning service
members with TBI and Post Traumatic Stress
Disorders (PTSD). The DOL’s Office of Disability
Employment Policy (ODEP) and Veterans’
Employment and Training Services (VETS) jointly
manage the project in collaboration with other
federal agencies engaged in TBI programs and
research.
Return to Work/
Employment
The Institute for Rehabilitation and Research
(TIRR) at Houston, Texas, is funded by NIDRR
to conduct a randomized controlled trial
of an extended case coordination service.
The coordination service seeks to maximize
access to and benefit from state vocational
rehabilitation services. This trial compares
employment outcomes for persons receiving
a case coordination intervention to those
only receiving a referral for state vocational
rehabilitation services.
www.biausa.org 15

By Amy C. Colberg, M.A.,
Director of Government Affairs,
Brain Injury Association of America
The Brain Injury Association of America (BIAA),
along with our advocates across the country,
drove the message home to Congress last
winter to protect post-acute care and access to
therapy during the Sustainable Growth Rate
(SGR) battle. This was a huge win for the brain
injury community because it kept the Medicare
therapy cap exceptions process in place.
Congress also left funding for access to postacute
care in place.
With the post-acute care fight behind us,
BIAA spent the spring focused on getting
reauthorization of the TBI Act, further
implementation of the Patient Protection and
Affordable Care Act, Brain Injury Awareness Day
on Capitol Hill, and increasing TBI appropriations.
2014 BIAA Legislative
Issue Briefs
In March, BIAA released its 2014 legislative
issue briefs on critical public policy issues for
people with brain injuries, including: access
to care, research, extending the TBI pilot
program for veterans, TBI Act appropriations
and reauthorization, and membership in the
Congressional Brain Injury Task Force. Copies of
BIAA’s legislative issue briefs are available on
our website at www.biausa.org/advocacy.
TBI Act Reauthorization
TBI Act Reauthorization, H.R. 1098, was voted
out of the House Committee on Energy and
Commerce on December 11, 2013, in an open
markup. The TBI Act will be considered by the
full House of Representatives in 2014. BIAA
and TBI stakeholders continue to work with the
Senate Health, Education, Labor, and Pensions
Committee. Sens. Hatch (R-Utah) and Casey
(D-Penn.) are working on a companion bill
to H.R. 1098. Thank you to BIAA’s grassroots
advocates for educating your representatives
about the importance of reauthorizing the TBI
Act and moving it through the House. Please
call your representatives and urge them to
hold a vote on H.R. 1098 by the full House of
Representatives, and urge your senators to
introduce and pass the TBI Act in the Senate.
Patient Protection and
Affordable Care Act
The White House reported in April that 7.5
million Americans signed up for health care
through open enrollment, which ended on
March 31, 2014. Individuals can still see if they
qualify for health insurance through Medicaid
or CHIP by visiting www.healthcare.gov.
16

BIAA’s Business and Professional Council
hosted a free webinar by Peter Thomas,
principal at The Powers Firm, on May 13, 2014
on the implementation of the Patient Protection
and Affordable Care Act (ACA) and the impact
on individuals with brain injury.
BIAA will be monitoring to ensure individuals
are not denied brain injury services, which
would be a violation of the law. BIAA will collect
quantitative and qualitative data throughout
2014 and report our findings to the Secretary of
Health and Human Services.
Brain Injury Awareness Day
BIAA appreciates the efforts of all the advocates
who traveled to Washington, D.C., for Brain
Injury Awareness Day on March 12 to educate
Congress on the resources needed for
individuals with brain injury and their families.
BIAA would like to thank the Congressional
Brain Injury Task Force, headed up by Reps.
Pascrell (D-N.J.) and Rooney (R-Fla.), for
planning a successful event. We also thank
all of the advocates who contacted their
congressional representatives to encourage
them to attend the day’s events.
Appropriations
This spring, BIAA submitted FY 2015 written
testimony to both the Senate and House
Appropriations Subcommittees on Labor,
Health and Human Services, and Related
Agencies. Both letters proposed the following
funding increases for TBI Act programs and the
TBI Model Systems of Care Program:
• $10 million (+$4 million) for the Centers
for Disease Control and Prevention TBI
Registries and Surveillance, Brain Injury
Acute Care Guidelines, Prevention and
National Public Education/Awareness;
• $12 million (+$1 million) for the Health
Resources and Services Administration
(HRSA) Federal TBI State Grant Program;
• $4 million (+$1 million) for the HRSA Federal
TBI Protection and Advocacy (P&A) Systems
Grant Program; and
• $13 million (+$1.5 million) for the TBI Model
Systems of Care Program, and line-item
status within the broader NIDRR budget.
Department of Education’s
Office of Special Education
and Rehabilitative Services
(OSERS)
BIAA met with Acting Assistant Secretary
Michael Yudin at the Department of Education’s
Office of Special Education to talk about brain
injury in our public schools. BIAA also shared
the report “State of the States: Meeting the
Educational Needs of Children with Traumatic
Brain Injury” with Mr. Yudin. BIAA was
invited to present at one of the quarterly calls
for the Parent Information Centers, which
educate parents of students with disabilities.
The call will take place in September and
BIAA is excited to form this positive working
relationship with Mr. Yudin and his staff.
Centers for Medicare and
Medicaid (CMS) Home and
Community-Based Services
(HCBS) Definition
On March 17 the new HCBS definition went
into place. CMS has given states one year to
write their transition plans to make sure their
Medicaid waivers are up to par with the new
HCBS definition. BIAA’s affiliates wrote letters
to their states encouraging them to think of the
unique needs of individuals with brain injuries
while they are writing their transition plans. BIAA
also encouraged state affiliates to work with
their officials to help write their transition plans.
Congress Passes theSustainable
Growth Rate (SGR) Patch
On March 31 the Senate passed the Sustainable
Growth Rate (SGR) patch that was passed
by the House of Representatives. Since this
is a temporary fix, Congress has given itself
12 months to find a solution to a permanent
repeal. The legislation also continues extender
provisions, including the therapy cap exceptions
(continued on page 34)
www.biausa.org 17

Honor Roll of Donors
January 1, 2014 – March 31, 2014
HONORS
In honor of Amy Tridgell
Mr. Glenn Tridgell
In honor of Anita Winstead
Mrs. Lucy Ann Scott
In honor of Ave Amith on his 85th birthday
Mr. & Mrs. Larry & Suzanne Sharken
In honor of C.J. Morgan
Ms. Lydia Edmiston
In honor of Dawn B. Waters
Anonymous Donor
Ms. Kelly Romney
In honor of Derrick Wright
Mr. Edward Sudzina
In honor of Eric Richard
Ms. Diana L. Gustavson
In honor of Grace Meno
Anonymous Donor
Ms. Tina Davis
Mr. & Mrs. Michael & Nancy Holiman
Mr. & Mrs. John & Kimberly Meno
Ms. Marjorie Read
In honor of Jessica Cantrell
Ms. Deborah Dumas
In honor of John Cowart
Ms. Angel Sutton
In honor of John F. Stebbings
Mr. & Mrs. John & Marlene Stebbings
In honor of Karen Anne
McGoldrick Hrabowski
Mrs. Helen C. Hrabowski
In honor of Keith Mitchell
Ms. Beverly Mitchell
In honor of Kerri L. Hatch
Quality Carton & Converting
In honor of Kip Rushton
Ms. Sharon Rushton
In honor of Laurie Rippon, Chair, NYC Chapter
of the Brain Injury Association of NY State
Ms. Lynne F. Landsberg
In honor of Linda Corcoran
Friends of Linda
In honor of Nancy C. Baker
Mrs. Carmen J. Baker
In honor of Noel Mackenzie
Mr. David Childs
In honor of Patricia Joan Hillberry
Ms. Barbara Hillberry
In honor of Paul Elias Crincoli
Ms. Eugenia V. Crincoli
In honor of Philip Morrissey
Ms. Elizabeth B. Morrissey
In honor of Ryan Stoller
Ms. Andrea L. Stoller-Smith
In honor of Scott McFadden
Mr. & Mrs. Richard & Nancy McFadden
In honor of survivors of TBI
Ms. Catherine Alden
In honor of Syrene Robbins
Ms. Harriet J. Robbins
In honor of Tait Vasicek
Ms. Clarice Vasicek
Memories
In memory of Al Cohen
Ms. Jillian Griffin
In memory of Andrew A. Cox
Terry Cox
In memory of Angeline Crevier
Ms. Janice Amelang
Mr. & Mrs. Doug & Ellie Smith
Mr. & Mrs. Ira & Beth Yoffe
In memory of Anthony Michael Hermosilla
Ms. Barbara Hillberry
In memory of Beth Marie Hoskins
Mr. & Mrs. Joe Thompson
In memory of Brenda Moser
Mr. Jay Gilliam
Mr. William Huber
Mr. & Mrs. Larry & Joyce Schull
Mr. & Mrs. William & Judy Wimmer
In memory of Brennen “Shoie” Haworth
Ms. Kathy Barros
Ms. Joyce Bell
Terri Bradley
Ms. Ingrid Budicin
Ms. Betty Davis
Ms. Joyce Garmon
Ms. Norma Gonzalez
Mr. Donald Graydon
Ms. Lisa Hamilton
Mr. Tim Haworth
Ms. Marikay Klaus
Mr. Doug McCormick
Ms. Twila Morrison
Ms. Verona Pierce
Mrs. Carol Roarick
Ms. Teresa Roarick
Ms. Vicki Skidmore
Mr. James Sparks
Ms. Carrie Trinidad
Ms. Donna Walker
Ms. Mary Webster
In memory of Clarence R. “Tom” Halleran
Mr. & Mrs. Franklin & Mary Capuano
Ms. Joyce Magnus
In memory of Craig Gifford
The Physician of Tuscaloosa Pediatrics:
Dr. Denise Brown, Dr. Allison Cunningham,
Dr. Tom Farmer, Dr. Megan McGiffert,
Dr. Julie Vaughn, & Dr. Cynthia Walker
In memory of David A. Sybert
Mr. & Mrs. David & Theresa Sybert
In memory of Demetrius Butler
Mr. & Mrs. Vernon & Rolletta Butler
In memory of Dr. David Strauss
Ms. Joanne Finegan
In memory of Dr. Irving Feigenbaum
Ms. Shirley Feigenbaum
Mr. & Mrs. Barry & Susan Scholnik
In memory of Dr. Lisa Thompson
Mr. Normand Townley
In memory of Florence M. Craffey
Ms. Mary Reitter
In memory of Gregory Harris
Dr. John R. Cole
In memory of Herbert Schochet on the
6th year anniversary of his passing
Ms. Nadine Lusardi
In memory of Jacqueline Zienta
Ms. Carol Lammert
In memory of Janet Stanley Long
Ms. Susan Callis
Mr. & Mrs. Bill & Helene Mathis
Ms. Sharon Sarti
Mr. Peter Stragand
In memory of Jared Harlan Feigenbaum
Ms. Shirley Feigenbaum
Mr. & Mrs. Barry & Susan Scholnik
In memory of Jim Daviau
Mr. & Mrs. Colin & Jane Anderson
In memory of John Sodja
Mountain View Eyecare
In memory of Karen A. Reitter
Ms. Linda Bryant
Ms. Mary Reitter
Ms. Patricia M. Roettger
In memory of Larry Schwartz
Mr. & Mrs. Donald & Ellen Bloch
Mr. & Mrs. Rick & Gale DuPuis
18

Mr. & Mrs. Harry & Marjorie Immerman
Mr. & Mrs. Howard & Marcia Kent
Mr. & Mrs. Martin & Merle Krimsky
Ms. Marge Levin
Mr. & Mrs. Peter & Elizabeth Levine
Mr. & Mrs. Bruce & Cindy Nimhauser
Mr. & Mrs. David K. & Michele Baker Poces
Safer Properties
Mr. & Mrs. Dale & Jerry Salmanson
Mr. William White
In memory of Lee Savinetti
Mr. & Mrs. Louis Savinetti
In memory of Linda Siwuda
Ms. Maryellen T. Klang
In memory of M. Bernice Reitter
Ms. Mary Reitter
In memory of Margarite Williams
Mr. Edward Abbati
In memory of Marianna Dario-Jackson-Elanany
Ms. Anne Fisher
Crestwood Village Four
Crestwood Village Five
Ms. Carol Lawrence
Ms. Marcia Wayne
In memory of Matt Huffman
Ms. Stephanie Fahey
In memory of Maureen Scherer
Mr. & Mrs. Amy & Phil Insana
In memory of Michael Sizemore
Mr. Daniel S. Chamberlain
In memory of Mike Cook
Ms. Wendy Hiller
In memory of Mitchell Rosenthal, Ph.D.
Ms. Edythe Rosenthal
In memory of Richard VanScoyk
Mr. David Williams
In memory of Stephen Paul Wunsch
Mr. & Mrs. Robert & Barbara Wunsch
In memory of Susan Hughes
Mr. & Mrs. John & Anne Dennis
In memory of the Very Reverend
Frederick F. Powers, Jr.
Mrs. Joan Powers
In memory of Thomas H. Ochs
Ms. Brunhilde Bays-Thomson
Ms. Susan P. Brown
Ms. Sara C. Prakop
In memory of Tom Halleran
Ms. Sue Engels
Ms. Kimberly Graham
In memory of Vernon E. Hull
Mr. Donald Coletta
Ms. Cynthia L. Earhart
Ms. Pamela J. Ward
In memory of Virginia Trager
Mr. Andrew S. Austin
Support
In support of BIAA’s National
Brain Injury Information Center
Mr. David Copley
Ms. Deborah Einhorn
In support of Brain Injury Awareness Month
Mr. Barry Weary
In support of Cindy and Derrick Wright
Mr. Lewis Baker
In support of Cindy Wright for the Texas Division
Terry Yun
In support of Jessica Goldman’s Forward Motion
Ms. Jennifer L. Cox
Ms. Christine Kfoury
Ms. Wendy Mersch
Northeast Delta Dental
Ms. Pamela Richard
Mr. Jeremy Schaefer
Ms. Melissa Sharples
Mr. & Mrs. John & Lorrie Ziemba
In support of ReRun 2014
Mr. David Bell
Ms. Susan Carrillo
Ms. Melanie R. Carter
Mr. Dan Drabik
Terry Feeney
Ms. Katie Gannon
Ms. Christine Garrett
Mr. Dave Goehrke
Mr. Jeremy S. Holmes
Ms. Maryellen Jankunis
Ms. Barbara Janowski
Ms. Amy Jeffryes
Ms. Jennifer L. Johnson
Mr. Thomas Lane
Ms. Ann Leblanc
Ms. Rita M. Menthen
Mr. Kevin Oldani
Mr. Denise Piscopo-Shea
Mr. & Mrs. Richard Sieman
Mr. Kevin Smith
Mr. Wallace Taylor
Oana Telfer
Mr. David Wheeler
general Donations
Mr. & Mrs. James & Jeanne Abels
Mr. Michael J. Adam
Mr. & Mrs. George & Harriet Agius
Hani Alawneh
Mr. Christopher Alderdice
Mr. Arthur Aligada
AmazonSmile
Ms. Nicole Andreatta
Anonymous Donor
Dr. and Mrs. Guillermo & Enid Arbona
Dr. Mark Ashley
Mr. & Mrs. Michael & Barbara Axelrod
Mr. Craig Baader
Mr. Frank M. Baldwin
Ms. Melissa Barnaby
Mr. Troy Barton
Ms. Sharee Bass
Mr. & Mrs. Robert & Denise Black
Mr. Gene Blank
Mr. & Mrs. Arthur & Margaret Bobb
Brooks Group & Associates, Inc.
Ms. Rita Brzozowski
Ms. Randi Burke
Mr. Mario Castiglia
Centre for Neuro Skills
Mr. & Mrs. William M. & Rita Joan Clark
S. Thornton Cooper
Mr. Joel Coppadge
Mr. & Mrs. Gary & Pat Covington
Ms. Linda Dean
Mr. Richard A Deichmann
Mr. Robert L. DeSilets
Mr. Craig Donnelly
Ms. Jamie Drzyzga
Mr. Earl R. Durant
Ms. Tracy Dux
East Meadow School
Ms. Joanne Eggnik
Ms. Mary A. Eisel
Mr. Robert Keith Ferrell
Mr. Dennis Fogarty
Ms. Deborah S. Freedman
Ms. Maureen Friedheim
Dr. Rolf B. Gainer
Dr. Daniel Gardner
Ms. Elaine R. Goldman
Mr. George Gosling
Mr. Joseph Greenberg
Mr. Martin Greenstein
Mr. Douglas Grossman
Guardian Life Insurance Company
Ms. Barbara Guidos
Ms. Sandra A. Hassenplug
Mr. Dennis Hays
Ms. Elvira Heinrich
Mr. Nathan Hersey
Mr. David Hevey
Mr. & Mrs. Vernon & Donna Hirt
Mr. Kevin Hodgkinson
Mr. Aaron Holmberg
Mr. Patrick Houston
Mrs. Margaret Hutchings
Ms. Melodie Johnson-Austin
Mr. Robert Katz
(continued on page 21)
www.biausa.org 19

20

Honor Roll
(continued from page 19)
Mr. James L. Kelly
Kim Storey & Douglas Katz Fund
Mr. Robert Kocembo
Ms. Linda E. Krach
Mr. Tom T. Kurosaki
Ms. Abby Levenson
Ms. Carol A. Lockwood
Ms. Amy Lopez
Mr. Elliot Lubar
Valdean Lueck
Ms. Lila A. Mann
Ms. Ginger Marecek
Mr. Ralph D. Maves
Ms. Jo Ann McCalister
Mr. Les McDaniel
Ms. Mary I. McGowan
Mr. David Mikullitz
Mr. & Mrs. Harold & Patricia Milam
Mr. Carlos A. Moreno
Dr. Gregory O’Shanick
Mr. & Mrs. Robert & Martha Page
Pate Rehabilitation
Mrs. Georgia Pearson
Ms. Beth M. Perry
The Peter & Janice / Herbert M. Brock
Memorial Fund
Ms. Nancy Petroske
Mr. Steven F. Pflaum
Ms. Jane Pittman
Mr. Todd H. Pratte
Ms. Jo-Anne Rankin
Dennie & Lois Rewis
Ms. Carmen D. Rivera Medina
Mr. Ronald R. Rogers
Ms. Roxane Rolon
Mr. & Mrs. Marvin & Inez Rossiter
Mr. Shawn Rozier
Ms. Rose Marie Salerno
Mr. & Mrs. John & Suzanne Sanger
Mr. James W. Schmitt
Mr. Charles T. Seay
Ms. Carol Seitz
Mr. & Mrs. M. M. & Maureen Selim
Mr. & Mrs. Yitzhak & Sandra Sharon
Ms. Barbara C. Simmons
Mr. David M. Simons
Mrs. Sally A. Smith
Mr. Jerry P. Soderberg
Mr. Curtis Stauffer
Ms. Ruth Stein
Dr. Diane R. Stoler
Ms. Leigh Sturm
Ms. Karen S. Swan
Mr. William D. Swetland
Mr. Peter W. Thomas
United Way of Metropolitan Dallas
Mr. Philip A. Vanaria
Mr. Mike Verzal
Village Idiotz
Ute Vogrinec
Ms. Barb Wachtman
Mr. Roger A. Waha
Ms. Lucia Watson
Mr. & Mrs. John & Mary Wepfer
Mr. Priestly Wherry
Mr. Gary Wildman
Wolfgram & Associates, P.C.
H.J. Zoffer
Thank You!
www.biausa.org 21

BIAA’s
Preferred
Attorneys
By Rob Traister, Director of Communications,
Brain Injury Association of America
Chaikin, Sherman,
Cammarata & Siegel, P.C.
The Washington, D.C. law firm of Chaikin,
Sherman, Cammarata & Siegel, P.C. has
extensive experience, both in and out of the
courtroom, handling cases for people who
have sustained a brain injury.
BIAA created the Preferred Attorney Program to
help people with brain injuries and their families
find attorneys who are effective advocates for
people with brain injury.
The selection of an attorney can have significant
implications in realizing funds from litigation.
Preferred Attorneys have extensive knowledge
and experience representing the brain injury
community and understand the subtle cognitive,
physical, behavioral, and social difficulties that
can occur following a brain injury.
Among the many criteria that go into selecting
Preferred Attorneys are a firm’s skill and
experience representing people with brain
injuries, available resources to pursue a client’s
claim, and the personal dedication to protecting
and improving the futures of people with brain
injuries.
For more information about BIAA’s Preferred
Attorneys Program, or to find an attorney
who serves your area, visit www.biausa.org/
preferredattorneys.
Two of the firm’s partners, Joseph
Cammarata and Ira Sherman, are
founders of the Brain Injury Association
of Washington, D.C. and serve as the
president and vice president, respectively.
Mr. Sherman has served on the BIAA Board
of Directors for many years and is currently
serving as treasurer.
The firm has also been successful in a
number of multi-million dollar brain injury
settlements.
To learn more about Chaikin, Sherman,
Cammarata & Siegel, P.C., visit the firm’s
website at www.chaikinandsherman.com.
Cohen, Placitella &
Roth, P.C.
Cohen, Placitella & Roth, with offices in
Philadelphia, Penn., and Red Bank, N.J., has
a long-standing commitment and dedication
to representing people with traumatic brain
injury (TBI) that goes back more than four
decades.
Senior partner Stewart L. Cohen served as
president of the Brain Injury Association
22

of Pennsylvania and is a frequent speaker and
published author on the topics of representation
of people with TBI, proof of traumatic brain
injury, and ethics in the representation of people
with brain injuries and their families.
Chris Placitella, senior partner with the New
Jersey office, is a board member of the
American Association for Justice and past
president of the New Jersey Trial Lawyers
(NJAJ). He has represented people wrongfully
injured, including those with TBI, for more than
30 years.
School, teaching the only course in traumatic
brain injury law. He is also past chair of the
New York State Traumatic Brain Injury Services
Coordinating Council, past president of the
Brain Injury Association of New York State,
and past chair of the American Association for
Justice’s Traumatic Brain Injury Litigation Group.
He is board certified in trial advocacy and in
professional liability-medical malpractice.
Partner J.B. Dilsheimer has vast experience
representing catastrophically injured people,
and frequently represents individuals with TBI
and post-concussion syndrome. He presented
a day-long seminar for the Pennsylvania Bar
Institute entitled “Traumatic Brain Injury –
Understanding the Medical and Legal Aspects
of Brain Injury Litigation.”
To learn more
about Cohen,
Placitella & Roth
PC, visit the firm’s
website at
www.cprlaw.com.
De Caro & Kaplen, L.L.P.
De Caro & Kaplen, L.L.P., has provided
compassionate and zealous legal representation
to victims of devastating injuries and death
due to vehicle negligence, unsafe buildings,
construction site accidents, and medical
malpractice in New York state and nationwide
since 1982. Their continuing mission is to
improve the quality of life for people with
serious injuries and their families.
Michael Kaplen is a professorial lecturer in
law at the George Washington University Law
Shana De Caro is chair-elect of the American
Association for Justice’s Traumatic Brain
Injury Litigation Group, vice president of the
American Academy of Brain Injury Attorneys,
and an officer and trustee of the Civil Justice
Foundation. She is a member of the Advisory
Board of the Acquired Brain Injury Program of
The George Washington University Graduate
School of Education and Human Development
and member of the board of directors and editor
of monthly updates for the New York State
Academy of Trial Lawyers.
Their commitment, experience, and dedication
focuses on holding those responsible legally
accountable, and achieving maximum recovery
while guiding our clients through the process.
To learn more about De Caro & Kaplen, L.L.P.,
visit the firm’s website at www.brainlaw.com.
Doehrman Chamberlain
The Indianapolis, Ind., law firm of Doehrman
Chamberlain has extensive experience in
skilled representation of people with TBI. The
(continued on page 24)
www.biausa.org 23

BIAA Preferred attorneys
(continued from page 23)
firm’s partners, Tom Doehrman and Dan
Chamberlain, have spoken extensively
across the country on the complexities
of traumatic brain injury claims and have
published a number of articles and papers
on brain injury litigation.
Hickey is board certified as a civil trial lawyer
and as an admiralty and maritime lawyer by the
Florida Bar and is board certified as a civil trial
lawyer by the National Board of Trial Advocacy
(NBTA). He is rated AV by Martindale-Hubbell,
the international listing of attorneys. He has
been chosen as a “Top Lawyer in South Florida”
in the areas of personal injury and maritime
law in the South Florida Legal Guide (2004–
present); “Legal Elite” in Florida Trend Magazine
(2006–present); and “Super Lawyer” in the area
of personal injury in Superlawyers.com (2006–
present).
Hickey is a member of the Florida Bar Board of
Governors and is a past president of the Dade
County Bar Association (2003–2004) and is a
sustaining member of the American Association
for Justice.
The firm has worked closely with the Brain
Injury Association of Indiana for more than 30
years, with both Doehrman and Chamberlain
having served in leadership roles.
Tom Doehrman was chairman of the board from
2001 to 2002 after serving in various roles for 20
years, and he currently serves on its emeritus
board of directors.
Dan Chamberlain has served on Brain Injury
Association of Indiana’s board since 1998,
currently as vice chair. On the national level, he
is also the current chairman of BIAA’s board of
directors.
To learn more about Doehrman Chamberlain,
visit the firm’s website at www.tortslaw.com.
Hickey Law Firm, P.A.
For more than 30 years, John H. (Jack) Hickey,
of the Miami, Fla.-based Hickey Law Firm, P.A.,
has tried personal injury and wrongful death
cases, including a number of traumatic brain
injury cases, and is a member of the American
Association for Justice Traumatic Brain Injury
Litigation Group.
To learn more about the Hickey Law Firm, visit
the firm’s website at www.hickeylawfirm.com.
James F. Humphreys &
Associates, L.C.
The Charleston, W.V. law firm of James F.
Humphreys & Associates, has provided
compassionate representation to people who
have been injured and their families for more
than 25 years. The firm’s attorneys bring a
wealth of experience working with clients with
serious injuries, including those who have
sustained brain injury, to each case as they
help clients navigate the legal system and
hold negligent parties liable for their losses.
24

The firm’s philosophy of compassionate
representation includes providing support to
the families of people who have been injured
and helping them understand what to expect
in the future.
products. The firm’s attorneys have a wealth
of experience and expertise as specialists in
civil trial advocacy for personal injury and
wrongful death. As the firm has grown, it has
also developed and maintained the resources
necessary to support strong cases, including
expert witnesses, medical testing, and
information services.
To learn more about
Terrell Hogan Law
Firm, visit the
firm’s website at
www.terrellhogan.com.
Attorney James F. Humphreys has been
actively involved with BIAA for many years
and was the driving force behind the creation
of the Preferred Attorneys Program. He has
served for several years on the BIAA board
of directors and was chairman of the Board
for 2012–2013. He is a member of George
Washington University Law School’s board
of advisors and a member of the board of
trustees of both George Washington and
Brandeis Universities. He has received the
coveted AV award, which recognizes superior
legal ability and integrity, by a poll of his
peers.
Mr. Humphreys has also been named a “Super
Lawyer” in recognition of his advocacy on
behalf of his clients and has been named one
of the top lawyers in the state of West Virginia.
To learn more about James F. Humphreys
& Associates, visit the firm’s website at
www.jfhumphreys.com.
The Terrell Hogan
Law Firm
Celebrating its 40th anniversary serving
Northeast Florida this year, the Terrell Hogan
Law Firm focuses on providing representation
only to people injured through negligence,
intentional wrongdoing or defective
www.biausa.org 25

State Affiliate
California
The Brain Injury Association of California’s
(BIACAL) Walk For Brain Injury events are
underway. A total of nine walks are planned
for 2014, the largest to be held in the Los
Angeles area at the historic Santa Anita Park
in Arcadia on September 13. Several board
members have participated on the planning
committees and at the walks. The 4th Annual
Statewide Conference on ATBI, Resources and
Pathways to Brain Injury Recovery, took place
on May 15 in Los Angeles, and the annual
Medical Legal Conference will take place in
Sonoma, Calif. on November 7–8, 2014.
NEWS
Immediate past chairman, Dr. Mark Ashley, participated in the
Walk, Run & Ride For Brain Injury event in Bakersfield, Calif.
443 participants enjoyed the event, which raised $38,500.
Georgia
The Brain Injury Association of Georgia (BIAGA)
had a busy first quarter of the year. We kicked
off the month of February by attending
Disability Day at the Capitol, and in March
we held a Walk for Brain Injury Awareness
hosted by the Augusta Support Group and
Gray Matters in Savannah, Ga. The walk and
its family-friendly activities help to
promote awareness and support in
the community while raising money
to support BIAGA.
Finally, we ended our quarter by initiating
an effort with legislation sponsor state
Rep. Kevin Tanner to direct a new 10 percent
surcharge on reckless driving fines to the
Brain and Spinal Injury Trust Fund. If the
referendum passes, the law will go into
effect on January 1, 2015.
Governor Deal issued a proclamation
declaring March to be Brain Injury
Awareness Month in Georgia.
This proclamation offered special
recognition to BIAGA for its many
programs and services providing
education, resources, and support to
individuals, veterans, and families
impacted by brain injury.
Gray Matters Support Group, Savannah, Georgia
26

Illinois
The Brain Injury Association of Illinois (BIAIL)
is in the midst of registering campers for
Camp FunZone and Wilderness Endeavor.
This is the only camp program in Illinois
developed specifically for children, teens,
and adults with brain injuries.
BIAIL is currently scheduling Academy of
Certified Brain Injury Specialists (ACBIS)
classes for the summer — please contact the
BIAIL office to register. BIAIL recently provided
training to military and community service
providers who are working with veterans and
non-veterans with brain injuries and has been
working with the Governor’s office regarding
the Governor’s Advisory Council for Spinal
Cord and Brain Injuries. BIAIL Executive
Director Philicia Deckard is chair of the council.
BIAIL has been involved in pending legislation
in the state Senate that addresses online
concussion training for school sports
personnel.
On May 31, Governors State University
Physical Therapy Students hosted the
Run4Rehab 5K Run/2-Mile Walk and Roll, to
benefit BIAIL programs and services. The 20th
annual Golf Outing and Dinner will take place
at The Glen Club on July 15.
Kansas
The Brain Injury Association of Kansas and
Greater Kansas City (BIAKS) presented the
6th Annual Beyond Rehab: Succeeding in
Life professional conference in Overland Park,
Kan. on March 27–28. Professionals from
multiple disciplines in rehabilitation learned
about current trends, research, and therapy
techniques. Highlights included presentations
by our keynote speakers: Lance Trexler, Ph.D.,
and Judy Dettmer.
Dr. Trexler, Director of the Department
of Rehabilitation Neuropsychology at
Rehabilitation Hospital of Indiana and a
well-known expert in the field of brain injury,
shared with our attendees how using resource
facilitation for survivors of brain injury returning
to work helps create a more successful re-entry.
Ms. Dettmer spoke about the importance of
understanding the relationship between brain
injury and domestic violence, the strategies
to overcome the barriers to screening and
assessment, as well as understanding how
brain injury can complicate the support these
survivors need. We consistently receive positive
feedback on the importance of this conference
for education and networking opportunities
that help to build a cohesive and engaged
community of brain injury professionals in
Kansas and Greater Kansas City.
Louisiana
The 7th Annual Brain Injury Association of
Louisiana Conference was held on March
20–21 with the theme of “Hope After
Brain and Spinal Cord Injury.” Medical
professionals throughout Louisiana and the
region joined more than 100 individuals
living with a brain or spinal cord injury,
along with their families and caregivers.
Vendors specializing in rehabilitation
provided useful resources to attendees.
The Secret Gardens Tour Benefiting BIALA
was held in New Orleans, La. on March 15 to
raise awareness and funding for brain injury
Conference attendees at the Louisiana conference listen to one of the presentations.
(continued on page 28)
www.biausa.org 27

State Affiliate News
(continued from page 27)
recovery. Proceeds from the event will
go toward updating the Louisiana Guide to
Brain & Spinal Cord Injury Recovery, available
soon at www.labrainguide.org.
Brain Injury Awareness Day was held at the
Louisiana State Capitol Rotunda on March
24 as part of Brain Injury Awareness Month.
Legislators and visitors were provided with
information and resources regarding brain
and spinal cord injury in Louisiana.
Mississippi
On January 30, 2014, Mississippi Governor Phil
Bryant signed the Mississippi Youth Concussion
Bill into law to take effect on July 1, 2014.
The law applies to athletes in Grades 7–12
who are under the Mississippi High School
Activities Association and the Mississippi
Association of Independent Schools. Lee
Jenkins, Executive Director of the Brain Injury
Association of Mississippi (BIAMS), her staff
Missouri
The Brain Injury Association of Missouri
(BIA-MO) spearheaded another successful Brain
Injury Awareness Day this year. The event was
held on March 25, 2014, in Jefferson City, Mo.
Survivors of brain injury, family members, and
professionals who care for survivors joined
together to meet with legislators and staff
members about issues important to the brain
injury community in Missouri.
The BIA-MO Donald Danforth Jr. Wilderness
Camp was held May 25–30, 2014. The Camp
provided survivors of brain injury the
opportunity to enjoy camp and social activities,
and is also a time of respite for families, who
are often full-time caregivers.
Bowling for Brain Injury will be held June 21
in St. Louis, Mo. at the Brunswick Zone –
Chesterfield and in Springfield, at Enterprise
and board of directors, along with numerous
other organizations including the National
Football League, the Mississippi Athletic
Trainers Association, the Mississippi State
Medical Association, the Mississippi Chapter
of the American Academy of Pediatrics, the
Mississippi High School Activities Association,
the Mississippi Association of Independent
Schools, the Mississippi Department of Health,
the Mississippi Physical Therapy Association,
and others, worked diligently for three years
to get the legislation passed.
Brain Injury Association of Mississippi
Executive Director Lee Jenkins with Governor Phil Bryant
Park Lanes. The BIA-MO 27th Annual Charity
Golf Tournament will be held August 24, 2014.
The Racing for Recovery 10K/5K/1-Mile Run
or Walk will be held June 22, 2014, in
Columbia, Mo. For more information about
sponsorships or registration, contact Laura
Gajda, 573-882-0488, or Dina McPherson,
573-247-7303, dmmhc8@mail.missouri.edu.
The BIA-MO 10th Annual Statewide
Conference will be held October 16–18, 2014,
at the St. Charles Convention Center in
St. Charles, Mo. This premier conference in
Missouri is dedicated to current trends in
research, innovative therapeutic strategies,
and cutting-edge programming specifically
relating to brain injury.
28

New Hampshire
The Brain Injury Association of New Hampshire
(BIANH) hosted its 31st Annual Brain Injury
and Stroke Conference on May 14, 2014, in
Concord, N.H. Approximately 350 professionals,
family members, and survivors came to this
conference.
Over the summer, the staff of BIANH will
be busy putting together the Pease AirFest
presented by Service Credit Union on August
9, 2014, at the Pease International Tradeport in
Portsmouth, N.H. Admission is free and open
to the public.
BIANH will be broadening its services by
offering two summer camps in 2014. BIANH has
partnered with Camp Allen of Bedford, N.H., to
create a camp for adults who have experienced
a brain injury.
A second camp is being offered as a respite for
caregivers. This camp is located on the beautiful
Newfound Lake in Bristol, N.H.
Participants in last year’s Plane Pull for Wounded Warriors at Pease AirFest
BIANH is proud to announce its new
employment clinic is now open. The clinic offers
helpful resources for brain injury survivors who
want to return to work after a brain injury.
(continued on page 30)
www.biausa.org 29

State Affiliate News
(continued from page 29)
New York
March was an extremely
busy month for the Brain
Injury Association of New
York State (BIANYS).
BIANYS President Lois
Tannenbaum and a small
committee organized the
first annual March On For
Brain Injury. Long-time
BIANYS member Ann
Voss was honored with a
Congressional Proclamation
and ribbon cutting.
BIANYS had a large contingent in Washington,
D.C., on March 12 for Brain Injury Awareness
Day. Meetings were held with the offices
of Sens. Schumer (D-N.Y.) and Gillibrand
(D-N.Y.), as well as with 10 members of our
congressional delegation.
Always a popular event, BIANYS sponsored
the 20th Art Show at the Empire State Plaza in
Albany, N.Y. The show featured art produced
by 50 artists with brain injuries from across
New York State.
The BIANYS Annual Conference will feature
former boxer and advocate Ray Ciancaglini
with his message about the importance of
maintaining a positive attitude and never
giving up. Check out www.bianys.org for
additional information.
Pennsylvania
The Brain Injury Association of Pennsylvania
(BIAPA) will be breaking new ground with
our 14th annual conference on June 15–17
in Lancaster, Pa. The conference, “Building
Foundations For Success: Resilience in the
Face of Challenge,” has an expanded format
that adds a Sunday schedule to the previous
Monday and Tuesday schedule. Featured
keynote sessions include national speakers
Jennifer Field, Kevin Pearce, and Julia Fox
Garrison.
The conference includes two evening socials
with food, entertainment, an artisan showcase,
a silent auction, and prizes. A screening of the
documentary “Crash Reel” featuring Kevin
Pearce will be shown on Monday evening.
South Carolina
The Brain Injury Association of South Carolina
(BIASC) kicked off Brain Injury Awareness Month
with a variety of outreach and educational
activities including a concussion conference,
Jean’s Day at South Carolina Vocational
Rehabilitation Department (SCVRD) and Roger
C. Peace Rehabilitation Hospital and Outpatient
Center (RCP), and exhibits at Palmetto Richland
Hospital and the South Carolina Assistive
Technology Expo.
On March 17, 2014, the BIASC hosted the
Concussion Management for Secondary School
Professionals Conference in Columbia, S.C. This
conference was used to increase the attendees’
knowledge base in the areas of concussion
identification, symptoms, and management.
30

A big thank you goes out to all our speakers for
making this a very successful conference!
Recently BIASC provided stipends to support
groups who completed a stipend request
form. These stipends allow the support group
members to participate in community events
and activities.
In addition to these events, BIASC has been
advocating for a South Carolina Department
of Disabilities and Special Needs (SCDDSN)
state budget request in the legislature. BIASC
Executive Director Joyce Davis has provided
testimonies in support of the SCDDSN budget
as the services they provide are vital to people
with brain injury and their families.
Vermont
Vermont house bill H.555, which is still active in
the state legislature, addresses the process and
available services and support for individuals
with brain injuries who are found incompetent
to stand trial and deemed a public safety risk.
The 12th Annual Walk for Thought took place
in Burlington, Vt. on May 31, and the 26th
Annual Brain Injury Conference is scheduled
for October 14, 2014, in Burlington. There will
be 18 sessions on topics such as brain injury as
a chronic disease, vision, seizures, legal rights,
employment, yoga, and more.
The Brain Injury Association of Vermont (BIAVT)
welcomes a new board member, Kate Ross, a
University of Vermont educator and mother of
an ABI survivor.
The statewide Concussion Task Force continues
to refine the “Schools and Concussion Toolkit”
and resources for schools.
The Care Transitions Pilot Project is an evidencebased
model pilot project being conducted at
Southwest Medical Center in Bennington, Vt.
BIAVT staff takes part in the discharge planning
‘huddle’ once a week.
Disability Rights of Vermont is in the process of
updating its publication “TBI: Your Rights as a
Vermonter with Traumatic Brain Injury.”
Virginia
The Brain Injury Association of Virginia
(BIAV) was pleased to be part of Governor
McAuliffe’s bill-signing ceremony on April 23
for legislation that will strengthen our sports
concussion bill. State Delegate Eileen Filler-
Corn introduced H.B. 1096 to require schools
Del. David Bulova, Del. Eileen Filler-Corn, Karen Brown,
Ann McDonnell, BIA Va executive director, Gov. McAuliffe,
Mike Puglia, Jodi Power, Becky Bowers-Lanier
to develop “Return to Learn” protocols to
enhance post-concussive management
for student athletes. BIAV worked closely
with her office to research and recommend
language for the bill and worked with other
stakeholders and advocates to ensure its
passage.
On April 26, BIAV held its inaugural “Bowling
For Brain Injury” event in Richmond, Va.,
and Alexandria, Va. It was a great success,
raising more than $38,000 to support the
programs and services of BIAV and BIAA.
The 31st annual Camp Bruce McCoy took
place May 17–30; special thanks go to Deep
Run High School in Glen Allen, Va., for a
very generous donation from the proceeds
of their 2014 Dance Marathon that will help
us provide this important program to 80
campers and their families.
www.biausa.org 31

News & Notes
Goldman Goes For It
San Francisco Mayor Edwin M. Lee gave Jessica Goldman
a rousing send off on April 16 as she left the front steps of
San Francisco City Hall. Her destination: City Hall in New
York City — a distance of more than 3,000 miles. Paula
Daoutis, Executive Director of the Brain Injury Association
of California, represented the Brain Injury Association of
America (BIAA) at the ceremony.
Jessica is running across the country using a modified
jogging stroller filled with supplies and is raising funds
for BIAA while she attempts to break the women’s trans-
America run record. Her goal is to raise $5 for each mile
she runs.
Jessica is joining an elite group of 20 women who have
crossed the country on foot since the early 1900s, and she
is only the second to make the crossing self-supported.
Her goal is to reach New York City by June 19.
BIACAL Executive Director Paula Daoutis, represented the
BIAA as Jessica Goldman departed San Francisco on her
attempt to run across the U.S
To help support Jessica’s fundraising goal, visit www.biausa.org/Goldman.
Sarah Beaumont: Raising Brain Injury Awareness
on the Appalachian Trail
While acting as a spotter for a gymnastics student, Sarah Beaumont
sustained a blow to her temple that resulted in a serious brain injury.
“In some ways, I am still affected by that injury, but it hasn’t taken
away my dream of hiking the Appalachian Trail,” says Sarah. “I
originally planned my hike to begin in May 2011; however, my injury
postponed that goal.”
Now much improved, Sarah started her trek on April 29 and she has
a newfound passion and purpose — to raise money for brain injury
research and awareness.
Sarah’s goal is to raise $15,000 — $7 for every mile on the trail.
She started her trek at Springer Mountain, Ga., and will finish
2,180 miles later at Mount Katahdin in Maine.
To help support Sarah’s fundraising goal, please visit
www.biausa.org/Beaumont to make a donation.
32

AGR Dairy Dash Raises Funds for BIAA
On April 27, the Alpha Gamma
Rho Fraternity of the University of
Wisconsin-Madison hosted the AGR
Dairy Dash, a 4k fun run. More than
170 runners attended the event, which
raised more than $3,100 for BIAA.
The fraternity organized the run in
memory of John Klossner, a member
of the fraternity who passed away last
summer from complications due to a
brain injury. Plans are already in the
works for next year’s run.
Will Peasley dressed as the cow to lead the herd for the run, but unfortunately could not hold
onto the lead.
Photo Credit: Dairy Dash photos are courtesy of photographer, Philip Krahn.
Brain Injury Voices Receives HAVE Award
Registration Open for 2015 Brain Injury Summit
The Brain Injury Summit will be held in Vail, Colo., Jan. 11-14, 2015, and is the premier
interdisciplinary educational event for professionals committed to enhancing the lives of children
and adults with brain injury and their families. It provides an opportunity to make and solidify
relationships in the brain injury rehabilitation field through person-to-person communications and
marketing.
For more information, visit: www.braininjurysummit.org
The American Hospital Association presented the Hospital Award
for Volunteer Excellence (HAVE) to Brain Injury Voices at the AHA
national conference in May. Brain Injury Voices is a Maine-based
volunteer group founded in 2010 by Carole Starr and Beverley
Bryant. All twelve members are brain injury survivors who have
a compelling story to share that can help others. Brain Injury
Voices gives survivors the opportunity to “pay it forward” and
use their stories to make a difference as brain injury educators,
advocates, and mentors. Over the last four years, they’ve
volunteered more than 6,000 hours.
While in Washington, D.C., Brain Injury Voices also met with Representatives from BIAA, discussed
brain injury issues with their Congressional Representatives, and toured Walter Reed National
Military Hospital.
BIAA thanks Team ReRun, which raised brain injury awareness through
two fun run/walks associated with insurance conferences in 2014 and 2013
and raised nearly $5,000 for brain injury awareness.
www.biausa.org 33

Advocacy Update
(continued from page 17)
process. This is vital to individuals with brain
injury on Medicare who need additional
therapy past the allotted therapy cap. BIAA
will continue to be a leader in the therapy cap
repeal charge over the next year.
The recently passed SGR patch also includes
a delay in the Medicaid Secondary Payer
TPL provisions until FY 2017. The language
that was included in last winter’s budget deal
would have gone into effect starting in October
2014. BIAA has been leading the Future
Care Coalition over the past year to stop the
proposal to collect settlement money from
individuals who were injured from an accident.
This is a similar case where money would be
collected from the individual who sustained
an injury. While this isn’t a full repeal, it is a
big win given the narrow scope of the SGR
package and what we were up against.
advertiser index
advertiser and website
ABI Education Services, LLC................................................................21
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Avanir & Pseudobulbar Affect....................................................20 & 21
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Avanir PBA Research Study.................................................................11
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Beechwood Rehabilitation Services....................................................15
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Chaikin, Sherman, Cammarata & Siegel, P.C......................................13
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Creative Capital.....................................................................................6
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Doehrman & Chamberlain...................................................................29
www.tortslaw.com
The Lighthouse Neurological Rehabilitation Center ............................7
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Montero Law Center..............................................................................7
www.monterolaw.com
Sherman Wealth Management.............................................................9
www.shermanwealth.com
Special Tree.........................................................................................11
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Success Rehabilitation, Inc..................................................................25
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Rainbow Rehabilitation Centers .........................................................35
www.rainbowrehab.com
page
BIAA upcoming
webinars & Lectures
To register for BIAA webinars, visit www.biausa.org/
webinars and click the link for the webinar you would
like to attend.
June 18, 2014 – 3:00 p.m. Eastern
BIAA Business of Brain Injury Webinar: Using Business
Metrics: A Collision of Data, Art, and Project Management
David Harrington, M.B.A., OTR/L, CBIST
July 31, 2014 – 3:00 p.m Eastern
BIAA Caregiver Webinar: Smart Apps for Everyday Use
Michelle Wild
August 7, 2014 – 3:00 p.m. Eastern
BIAA David Strauss Memorial Webinar: Disorders
of Consciousness
Joseph T. Giacino, Ph.D.
September 10, 2014 – 3:00 p.m. Eastern
BIAA Davis Strauss Memorial Webinar: Working with
Students with Brain Injury: A Best Practices Review
Jennifer Silber, Ph.D., BCBA-D
September 24, 2014 – 3:00 p.m. Eastern
BIAA Caregiver Webinar: Accommodations for Brain
Injury in the Workplace
Melanie Whetzel, M.A. Senior Consultant,
Job Accommodation Network
October 9, 2014 – 3:00 p.m. Eastern
Butch Alterman Memorial Webinar: Applying for Social
Security Disability Benefits
Sharon Maynard of Bennett, Hartman, Morris & Kaplan
BIAA Webinars offer practical information for families of people with
brain injuries and the professionals who serve them.
Some webinars offer opportunities for continuing education credits for
professionals and these webinars are offered at two levels: one that
includes a certificate of attendance and one that does not.
If you are a family member/caregiver and do not need any type of credit
for a professional license or certification, register for the non-credit
option. If you are a professional and need a record of your participation,
register for the version of the webinar that provides a certificate of
attendance.
Registration for upcoming webinars, as they become available, can be
filled out online in the Marketplace of the Brain Injury Association of
America’s website at: www.biausa.org. Recordings of most webinars
are available for purchase in the Marketplace as well.
Visit www.biausa.org
for more information
34

1608 Spring Hill Rd., Suite 110
Vienna, VA 22182
PRSRT STD
US Postage
PAID
Hagerstown, MD
Permit No. 93
The Corporate Sponsors Program gives rehabilitation providers, longterm
care facilities, attorneys, and other leaders in the field a variety
of opportunities to support the Brain Injury Association of America’s
advocacy, awareness, information, and education programs. BIAA
is grateful to the Corporate Sponsors for their financial contributions
and the many volunteer hours their companies devote to spreading
help, hope, and healing nationwide.
For more information on how to become part of Brain Injury
Association of America Corporate Sponsors Program, please visit
the sponsorship and advertising page at www.biausa.org or contact
Susan H. Connors at 703-761-0750 or shconnors@biausa.org.