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.

Post from: Social Security Disability Blog

Strategy for Winning a Seizure Disorder Case

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.

Technorati Tags: Traumatic brain injury, neurological injury and social security disability, date last insured, functional capacity, residual functional capacity

Post from: Social Security Disability Blog

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