Traumatic Brain Injury: Winning Strategies Social Security Disability

Traumatic brain injuries (sometimes called closed head injuries), often result in behavioral changes and physical limitations that prevent an injured person from working. Social Security recognizes traumatic brain injury (TBI) as a listed impairment, meaning that a brain injury claimant has several approaches when applying for SSDI or SSI benefits.
Listing 11, which you can read at goo.gl/DXVHB7, describes neurological impairments, and is a good place to start for TBI claimants. More specifically Listing 11.18 (Cerebral trauma) references other sections of Listing 11 that speak about various types of brain injuries.
In addition to a Listing argument, TBI claimants can also argue for legal disability based on reduced functional capacity, or even based on a grid rule.
Symptoms that resonate with judges include problems with
--attention and concentration
--pace of work like activities
--ability to interact appropriately with co-workers, supervisors and the general public
--capacity to behave in an emotionally stable manner (i.e., avoiding anger outbursts)
--capacity to sustain a work schedule, including problems with fatigue
--Medication side effects also typically impact TBI patients.
Our experience has been that neuropsychological testing can be very helpful as evidence as are medical records from a treating neurologist, psychiatrist or psychologist.
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[@Kevin-tn5rr]

Iv had a few myself, very devastating, mine was at work when i was only 20 years old.very well spoken mr. Johnathan

[@LouMontana-wc7nr]

Second hearing the SSDI Judge looks at his computer and said, "Mr. Montana, It says here you have severe degenerative bone disease in your back, severe carpal tunnel in both of your arms, both shoulders have been screwed together, your left knee has been replaced, other knee needs to be replaced, gallbladder surgery, hernia surgery, left ankle has been pinned, prostate cancer surgery, AND now you have a Traumatic Brain Injury? Can you tell me why you cannot work?" (He was joking with me but it went right over my head.) I looked at the judge and told him, "I can make my body work but I cannot get my head to work." Judged looked over his glasses and around the room and realized how messed up I am. {45 minutes to write these simple lines}

[@ssdattorney]

Hopefully the judge issued a favorable decision.

[@LouMontana-wc7nr]

@@ssdattorney, Words cannot express how much I appreciate the amount of time you have put into these videos. Having a brain injury is like being stranded on an island. If it was not for you I would be a year or two behind where I am now. Thank you.

[@ssdattorney]

You are very welcome. Hang in there.

[@ruthven78]

@@LouMontana-wc7nr yeah I wish I had found his videos 5 years ago when I first applied

[@LouMontana-wc7nr]

@@ruthven78 Brother I hope everthing is working out for you. I do want to hear your story. I am still waiting to hear if I won my case. I will keep you posted.

[@bonniev9658]

I was shot in the head twice and beaten over the head with a police baton until the stick broke. I've been fighting for ss disability for over 4 years and still haven't gotten it. Extremely frustrated!!!!!

[@ssdattorney]

What are the reasons for the denial?

[@kevinrichardson6686]

Battery lawsuit

[@kevinrichardson6686]

Why were you shot and battered?

[@kevinrichardson6686]

Sue the police for battery bodily injury tell the police to take out there anger on them selfs

[@brandonbowen5708]

I fell 50 feet from a scaffold. I had multiple fractures, TBI, PTSD 11/4/2015 I applied for benefits in 2017 2 denials and partially favorable. Judge somehow thought my TBI & PTSD healed as well. I appealed and had my case remanded. 6/14 I had my remand hearing. This month has been so anxious. Washington state L&I has me permanently disabled but that seams to have no effect on ALJ Gieb.

[@kevinrichardson6686]

Iv had a few at Walmart, working there, i was batterd by tweekers, the managers was a drug dealer and ignored my injury claims. She was trafficking meth from Mexico on Walmart trucks

[@MNBLONDY]

Wow! Wish I would've found you years ago. We go to court on 10 days. I am a RN of 20 years and my husband has a TBI. You are right on about talking in front of them... it's terribly upsetting to them.

[@ssdattorney]

TBI can be very debilitating. Best of luck to you at your husband's hearing.

[@wscogin7974]

Another great, and very informative video,thank you very much for sharing it with us all! We all have benefited greatly from all your great work! Thank you so much forgiving us all the information and the education!

[@sherrytruscello7040]

You're so right and every day I struggle to try to make my lawyer understand this it's like he's at he's all about physical he doesn't understand the mental aspect in which I'm suffering he doesn't understand anything that I say

[@jxlepsd1430]

Attorney Ginsberg I have a question for you...I got a notice of proposed decision from Social Security that says "We reviewed your work record to see if you are still eligible for social security disability insurance benefits. We looked at your work and earnings for January 2010 through July 2016. Our review shows that because of your work you may not be eligible for disability payments for: June 2012-December 2012. We have not decided if you can still get disability payments. You can still give us more information about your work. For example, you may give us pay stubs, information about job coaching or vocational rehabilitation services that you received, or receipts for your impairment-related work expenses. IF We do not hear from you. We will make our decision about your disability payments based on the information we have now. We may decide to suspend your disability payments. We will send you another letter when we make our decision. The letter goes on to say "Your extended period of eligibility began March 2012 and it has NOT ENDED. IT WILL END IF your work is substantial gainful activity after February 2015. I have NOT worked since December 2012 and the letter shows a chart that says I have $0 taxable earnings from 01/2013-07/2016 and it says Due Benefits?? YES....What does this letter mean attorney ginsberg??

[@anthonyhines656]

Can you do a video on brain atrophy

[@digital_art_froth874]

Can you use your previous neuropsych that was previously identified by the VA?

[@ssdattorney]

Yes, absolutely.

[@Runepriest442]

Mine is an open head injury I have some pretty significant issues

[@LouMontana-wc7nr]

An open head injury would be a lot easier to prove in SSDI hearing. The changes in your life have to be noted and frequent visits to the doctor with ongoing documentation.

[@Mistabigge]

can u do a video on Brain Tumors

[@ssdattorney]

Just recorded it - will be released as soon as I edit

[@Mistabigge]

+Social Security Disability videos 👍👍

[@kevinrichardson6686]

ASMR helps me with my concussions use noise cancelling headphones

[@rwrtaz]

Handle VA Cases :-) ?

[@ssdattorney]

No but email me directly and I'll refer you to someone who does - ginsberg at gmail.com

[@ruthven78]

he also has some good videos on VA stuff, at least two

[@bluesdirt5889]

Just happened to my wife bleeding on the brain ct scans . How long do we wait ?

[@A.E.Lanman777]

I have sever traumatic brain injury and I severely broken face and a broken back. Wanna be my attorney?

[@libertylowery8143]

I got psd and Brian injury can I get ssdi