Hi, my name is Andrew Kinney. I’m an attorney at Hoglund law offices. I practice exclusively in the area of social security disability and supplemental security income law, otherwise known as SSI. Today I wanted to talk to you about traumatic brain injuries. How does social security review them? How is someone approved based on having traumatic brain injuries? That is what I want to talk about.
There can be different causes of traumatic brain injury. Certainly car accidents are common, but there can be other things that can happen, such as falls and things like that. There also are variations of brain injury. For instance, post concussion syndrome is more understood now than ten years ago. You can be approved based on a traumatic brain injury, otherwise known as TBI. Here are the things that social security looks for in my experience. Social security certainly needs evidence of the actual event. Or at least if it happened a while ago it is good to try to get evidence of the actual event. It usually would start with an ER record and perhaps billed into hospitalization. If that was more recently, that will be understood to be the problem and social security will get those records at the first two levels.
There are times when a brain injury is more remote in time. If at all possible, ask social security at the first two levels to get it for you or your attorney’s office to get those older records. Why? It lends credence to what happened; it gives the severity of what happened. If someone had to relearn how to talk and walk, that is important to know. There are cognitive difficulties that can happen from traumatic brain injuries. In other words, it can affect personality, it can give them headaches, it can affect their ability to process information, and all these things are important. One crucial thing that I’ve seen in traumatic brain injury cases that absolutely will help social security understand how bad things are is neuropsychological testing. Sometimes that happens within a month or two of an actual brain injury. So that’s another reason if a brain injury happened a while ago, say five or so years ago, to make sure to order those records because there might have been testing that someone forgot about, particularly if the person who had the brain injury doesn’t remember the testing. But the testing itself can measure specific short and long-term memory and any other cognitive deficits. Those deficits are objective and very important, especially at a social security hearing.
So if you have a traumatic brain injury, and you have some problems as the result of that, the question that social security ultimately has is, are they bad enough that they keep you from working fulltime and they are expected to last a year. In my experience for traumatic brain injury, the duration isn’t always the question, it is the severity. In particular, how do we measure changes in personality or perhaps technically a change in IQ. That is what a neuropsychological test is for. Also meeting with occupational therapy, physical therapy and doing the things you can do to recover from your traumatic brain injury is ideal. But if the recovery isn’t working out, and you can’t return to fulltime work, keep in mind that you should probably apply for social security disability benefits. You also could be considered for supplemental security income based on need. But you need to consider that, or if you have a loved one that has a traumatic brain injury, they may not know how to help themselves. Help them out, and help get help for them.
We help people with traumatic brain injuries and other kinds of injuries. Feel free to go to Hoglundlaw.com. To learn more about us, see other videos about the different medical impairments, and other parts of social security including date last insured, which is another element that comes into play in these cases. If you want to call, feel free to call our number at 1-800-850-7867. We are here to help; we don’t charge unless you are approved. We help thousands of people. We currently help thousands of people. We are very happy to help you. We want to talk first, you evaluate the experience that we have, make a good decision, and don’t do anything before you sign the bottom line until you know what kind of outfit you have. You want to hire an attorney that is licensed, ideally in the State that you are in, and the reason is, in my opinion, you want to ask what the hearing level is like in your particular region. The only way you are going to be able to ask that is to have people that work in that region. Keep these things in mind. If we can help you, let us know. Hopefully this video helped, and good luck in your recovery.