Disabling Traumatic Brain Injuries Can Arise from a Single Concussion

Concussions have been in the news lately because stories about retired football players who are fighting cognitive loss, memory issues and severe depression that arises from brain injury. Athletes like football players and boxers often experience multiple concussions over many years, but damage to the brain can occur even after a single concussion.

Not All Head Injuries Carry the Same Significance

Scientists who study concussions and their aftermath have determined that not all head injuries are the same. Medical researchers in Europe studying brain injury in unhelmeted soccer players report that It turns out that a head trauma from an angular blow causes significantly more damage than a straight on blow to the head. It turns out that an angular blow causes twisting of the brain stem and more tearing of delicate nerve fibers. [1. Click here to review the abstract to a report in the British Journal of Sports Medicine entitled “Brain loading in concussive head impacts: implications for injury prevention.”] Continue reading →

Strategy for Winning a Seizure Disorder Case

Jonathan
January 28, 2008

Jonathan, I have an appeals hearing on 1/30/08 with an ALJ. I have multiple medical problems, the worst of them being a seizure disorder. I take medicine and have not had a grand mal seizure since 11/10/06, but continue to have petit mal seizures several times a week, sometimes everyday. I also have rheumatoid arthritis in my right wrist & a dropfoot which now is effecting my knee & hip. What is the best wat to present my case?
Mark

Jonathan Ginsberg responds: Mark, last week I appeared before a judge with a client who had a seizure problem. In her case, she was producing micro tumors that were releasing hormones that triggered seizures. There is no treatment or cure for her condition.

The medical expert present at the hearing stated that she met Listing 11.03, which basically says that an individual is disabled if he has petit mal seizures at least once a week for a minimum 3 months duration despite prescribed medical treatment. What you describe sounds similar, at least in a general sense.

It would seem to me that the seizure issue you describe might be a strong argument for you. If you can enlist the help of a treating doctor to describe these seizures and to support your claim that these seizures leave you tired, disoriented, incapable of on-going concentration and focus that would help.

In a similar vein, if you can get a treating doctor to identify specific activity limitations (lifting, carrying, walking, standing, sitting) arising from your rheumatoid arthritis, that would help eliminate many categories of possible employment.

Obviously, without reviewing your medical record specifically I have no way of knowing whether your doctors support you or how the medical record addresses the severity of your problems, so my suggestions should be taken as general advice only. I do hope this helps you get a sense about how your case could be analyzed.

Survivor of Traumatic Brain Injury Considers Applying for Disability 35 Years After Accident

Jonathan
April 5, 2007

In 1972 at age16 I sustained head injuries from a motorboat propeller resulting in lobectomy to my right frontal and parietal lobes. I was left with epilepsy, which has been controlled with medication from ’81 to 2004 when I had 2 seizures after I was let go from my last place of employment. The main reason I was given was a lack of flexibility. I turned 50 on July 17th. I didn’t go to a neurologist as I couldn’t afford to pay a doctor to tell me I had an accident. My medical records consist of my annual check-up so I could continue to get my medication and initial surgical procedure. As I have aged my attention span has shortened as well as my focusing ability. Am I facing too large of an ordeal?

Karl

Jonathan Ginsberg responds: Karl, thanks for your question. I think that your case would turn on whether a treating nuerologist would be willing to fill out a functional capacity form that identifies specific work activity limitations. On one hand, you have been able to overcome your injury with medication for over twenty years. A judge would therefore want to know what has changed.

I think it is entirely plausible that neurological damage such as that which you describe could get worse over the years, but, again, what you and I think doesn’t really matter – what does the doctor say.

This is probably a case where a neuropsychological evaluation would be appropriate. I understand from what you write that finances are an issue – unfortunately I think that is you want to have a realistic chance at winning, you will need help from a treating doctor.

Finally, don’t forget that your "insurability" for Title II Disability will run out approximately four to five years after you stop working (this is called your "date last insured"). When you apply for Disability make sure to find out your date last insured and use the earliest possible onset date – such as your last day of work.

[tags] Traumatic brain injury, neurological injury and social security disability, date last insured, functional capacity, residual functional capacity [/tags]