Facts about Head Trauma and Filing for Disability
These selected pages answer some of the most basic, but also some of the most important, questions for individuals who are considering filing a claim for disability benefits.
Facts about the condition
1) Head trauma, also known as head or brain injury or contusion, is trauma that occurs to the head (scalp, skull or brain) causing injury. Head trauma can be classified as closed (no breakage to the skull) or open (penetrating the skull).
2) There are many different types of head trauma, from contusion (bruised brain) and concussion (shaken brain) to subdural hematoma (blood on the surface of the brain) and subarachnoid hemorrhage (bleeding between the brain and the tissues that cover the brain). The most common type of head trauma is a concussion.
3) Physical assaults, traffic accidents, sports accidents, bicycle accidents, accidents at work or home, and falling are some of the most common reasons people sustain a head injury. Every year millions of people experience head trauma.
4) A serious head trauma may cause other complications, such as paralysis, coma, speech problems, seizures and reoccurring, debilitating headaches, and death.
5) The most common surgery for head trauma is a craniotomy. This surgery requires removing a bone flap from the skull in order to access the brain. This can reduce pressure on the brain caused by head trauma and allow accumulated blood to drain off.
6) Some of the most common symptoms of a head trauma include drowsiness, nausea, confusion, a severe change in personality, coma, headache, and vomiting. If the skull is fractured the patient may leak cerebrospinal fluid from their ear, mouth or nose. Many times those with a head trauma also have other injuries to their neck and spine.
7) Head trauma is a serious issue and can be life threatening. It is extremely important that anyone who has sustained a head trauma, no matter how slight, be monitored for at least the next 24 hours. Sometimes patients can appear to be healthy and unscathed, only to show signs of serious head trauma in the coming hours.
Qualifying for disability benefits with this condition
Whether or not you qualify for disability and, as a result, are approved for disability benefits will depend entirely on the information obtained from your medical records.
This includes whatever statements and treatment notes that may have been obtained from your treating physician (a doctor who has a history of treating your condition and is, therefore, qualified to comment as to your condition and prognosis). It also includes discharge summaries from hospital stays, reports of imaging studies (such as xrays, MRIs, and CT scans) and lab panels (i.e. bloodwork) as well as reports from physical therapy.
In many disability claims, it may also include the results of a report issued by an independent physician who examines you at the request of the Social Security Administration.
Qualifying for SSD or SSI benefits will also depend on the information obtained from your vocational, or work, history if you are an adult, or academic records if you are a minor-age child. In the case of adults, your work history information will allow a disability examiner (examiners make decisions at the initial claim and reconsideration appeal levels, but not at the hearing level where a judges decides the outcome of the case) to A) classify your past work, B) determine the physical and mental demands of your past work, C) decide if you can go back to a past job, and D) whether or not you have the ability to switch to some type of other work.
The important thing to keep in mind is that the social security administration does not award benefits based on simply having a condition, but, instead, will base an approval or denial on the extent to which a condition causes functional limitations. Functional limitations can be great enough to make work activity not possible (or, for a child, make it impossible to engage in age-appropriate activities).
Why are so many disability cases lost at the disability application and reconsideration appeal levels?
There are several reasons but here are just two:
1) Social Security makes no attempt to obtain a statement from a claimant's treating physician. By contrast, at the hearing level, a claimant's disability attorney or disability representative will generally obtain and present this type of statement to a judge.
Note: it is not enough for a doctor to simply state that their patient is disabled. To satisy Social Security's requirements, the physician must list in what ways and to what extent the individual is functionally limited. For this reason, many representatives and attorneys request that the physician fill out and sign a specialized medical source statement that captures the correct information. Solid Supporting statements from physicians easily make the difference between winning or losing a disability case at the hearing level.
2) Prior to the hearing level, a claimant will not have the opportunity to explain how their condition limits them, nor will their attorney or representative have the opportunity to make a presentation based on the evidence of the case. This is because at the initial levels of the disability system, a disability examiner decides the case without meeting the claimant. The examiner may contact the claimant to gather information on activities of daily living and with regard to medical treatment or past jobs, but usually nothing more. At the hearing level, however, presenting an argument for approval based on medical evidence that has been obtained and submitted is exactly what happens.
About the Author: Tim Moore is a former Social Security Disability Examiner in North Carolina, has been interviewed by the NY Times and the LA Times on the disability system, and is an Accredited Disability Representative (ADR) in North Carolina. For assistance on a disability application or Appeal in NC, click here.
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