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Securing Long-Term Disability Rights After Head Injury

August 9, 2024 | Attorney, Allan Ziffra

If you’ve suffered a head injury resulting in a traumatic brain injury (TBI), you may be eligible for long-term disability benefits. To secure your rights, it’s essential to gather exhaustive medical documentation, including neuropsychological evaluations and imaging results, to prove the severity of your impairments. You’ll need to understand the application process for disability insurance claims, including the different types of benefits available, such as SSI and SSDI. With a thorough case and expert legal support, you can increase your chances of approval and guarantee a dignified living condition. As you move forward, a deeper exploration of the process can empower you to advocate for your rights effectively.

Understanding Traumatic Brain Injuries

When you or a loved one experiences a head injury, understanding the complexities of Traumatic Brain Injury (TBI) is important in traversing the road to recovery and securing disability rights. TBI is defined as an injury to the brain caused by an external force, which can lead to various physical, cognitive, and emotional impairments. You may experience symptoms such as headaches, confusion, memory issues, and emotional changes, which can vary greatly among individuals.

As you navigate the recovery process, it’s important to understand that TBI can complicate daily activities and quality of life. You may struggle with attention span, memory, and mood changes, making everyday tasks challenging.

When filing a disability claim, providing medical evidence that supports the extent of your injury is critical. This documentation can help establish the severity of your TBI and its impact on your daily life.

Medical Evidence and Documentation

To build a strong case for long-term disability benefits after a head injury, you’ll need to gather detailed medical evidence and documentation that clearly establishes the extent of your injury and its impact on your daily life.

This includes extensive medical records that detail your treatment history, results from diagnostic testing, and hospital records. If you’ve suffered a traumatic brain injury (TBI), it’s vital to have neuropsychological evaluations that document significant deficits in cognitive functioning, such as memory, attention, and executive functioning.

Objective medical findings, like abnormal imaging outcomes from CT or MRI scans, serve as strong evidence to support your claim.

Additionally, continuous documentation of your symptoms and treatment progress is important, as it provides ongoing proof of your disability and adherence to prescribed medical care. This can enhance your eligibility for benefits when applying for disability insurance.

Navigating Disability Insurance Claims

Securing long-term disability insurance benefits after a head injury often requires maneuvering a challenging and time-consuming claims process, where submitting thorough medical documentation and understanding the intricacies of the system are essential to success.

You’ll need to gather detailed medical records, including neuropsychological evaluations and treatment records, to establish the severity and impact of your traumatic brain injury. The application process can be overwhelming, but understanding the different types of benefits available, such as SSI or SSDI, can help you navigate the system.

As you file your claim, keep in mind that the initial processing time can take 90 to 120 days, with an approval rate of approximately 30%. If your claim is denied, you have a 60-day window to file a reconsideration appeal.

Don’t be discouraged if your claim is denied; many applicants are successful at the hearing stage with the help of legal representation. In fact, over 60% of cases are approved at this stage.

Consider hiring one of our disability attorneys who work on a contingency fee basis to help you navigate the challenging claims process and advocate for your rights and needs. With the right support, you can secure the benefits you deserve.

Proving Disability and Securing Benefits

As you move forward in the disability claims process, proving that your traumatic brain injury greatly impairs your daily functioning is the key to securing the benefits you need.

To build a strong case, it’s vital to gather thorough medical documentation, including diagnostic tests and treatment history, to demonstrate significant functional limitations in daily living activities.

The Social Security Administration recognizes TBI under Listing 11.18, which requires showing severe cognitive or physical impairments to qualify for disability benefits. Neuropsychological evaluations can provide objective assessments of cognitive functioning and are often necessary to substantiate claims for TBI-related disabilities.

Our long-term disability attorney can help you navigate the complex application process and guarantee you have a solid proving track record. They can assist in gathering necessary medical documentation and advocate on your behalf to secure the social security disability benefits you deserve.

With their expertise, you can increase your chances of approval and receive the support you need to live with dignity. By working together, you can build a strong case and secure the benefits that will help you move forward with your life.

Advocating for Your Rights

Nearly three million traumatic brain injuries occurring annually in the U.S. underscore the vital need for effective advocacy to protect your rights and guarantee the benefits you deserve.

When you’re dealing with a traumatic brain injury, advocating for your rights is essential to make sure you receive the support and benefits you need.

Here are four key steps to take when advocating for your rights:

  1. Gather thorough medical documentation: Collecting detailed records of your injury, treatment, and ongoing care will help establish the severity of your condition.
  2. Understand your disability benefits: Familiarize yourself with the types of benefits available, such as SSI or SSDI, and the application process.
  3. Engage a knowledgeable attorney: A skilled lawyer can guide you through the complex application process and make certain your rights are protected.
  4. Stay informed and persistent: Don’t give up if your initial application is denied – stay informed about your options and continue advocating for your rights.

Securing long-term disability benefits after a traumatic brain injury can be a daunting and complex process, but you don’t have to navigate it alone. At Rue & Ziffra, we understand the challenges you’re facing, and our experienced attorneys are here to help you every step of the way. With over 40 years of experience in your community, we are committed to fighting for your rights and ensuring you get the support you deserve. Don’t let the complexities of disability claims overwhelm you—reach out to Rue & Ziffra today for a free consultation, and let us help you build a strong case to secure the benefits that will allow you to live with dignity and peace of mind.

Attorney Allan Ziffra

Allan Ziffra

Personal Injury Lawyer

This article has been written and reviewed by Allan Ziffra. Allan L. Ziffra is a founding partner and president of Rue & Ziffra, a personal injury law firm. With over two decades of experience, Allan has litigated cases involving catastrophic injuries, securing over $100 million for clients. He holds a Master of Laws in Taxation from the University of Miami and a JD from Stetson University.

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