Denied Disability after a Traumatic Brain Injury

If you have been denied social security after a traumatic brain injury you are not alone. Fortunately you are able to appeal this decision. 

If the Social Security Administration (SSA) has said your traumatic brain injury is not in the Blue Book listing or you have failed to provide the right evidence to show you are unable to work for at least 12 months with your medical condition, you may be able to request that your doctor performs a residual functional capacity test (RFC) which may help to reverse the traumatic brain injury denied disability. This may help you win your appeal for your denied traumatic brain injury disability claim.

Who Can Appeal Denied Disability with a Traumatic Brain Injury

If you have been diagnosed with a traumatic brain injury and you have been denied disability benefits you may lodge an appeal.  You must be able to prove that you are unable to work for at least a year.

How an Appeal can be Successful

There are several ways you can prove your traumatic brain injury is so severe that you aren’t capable of working for at least 12 months. Firstly, you should provide the following test results when you lodge an appeal:

  • the results of a computerized tomography (CT) scan which show fractures to the brain, bleeding in the brain (hemorrhage), the presence of blood clots, bruised brain tissue and brain tissue swelling;
  • magnetic resonance imaging (MRI) which provides a view of the brain in detail.

Secondly, you should provide the results of your RFC which shows you don’t have the physical or mental ability to work.

How to Use the RFC in an Appeal for a Denied Disability with a Traumatic Brain Injury

To assist your appeal for your traumatic brain injury disability claim ask your physician to perform a Residual Functioning Capacity Test (RFC). This will test your ability to take part in work related tasks both physical and mental. TBI symptoms are dizziness, blurry vision migraines, memory loss and vomiting.  The RFC will determine if these symptoms prevent you from working.

File Your Appeal for Denied Disability With Traumatic Brain Injury Promptly

You must request a reconsideration appeal for your denied disability with a traumatic brain injury within 60 days of receipt of the denial letter.

The reconsideration examiner may also ask for additional medical records which are no older than 90 days. These deadlines mean the quicker you file your appeal for your denied disability benefits the more likely you will win.

Get a Free Case Evaluation Today

You should request legal representation for your denied social security with a traumatic brain injury appeal as this gives you the best chance of winning the appeal. A disability lawyer can check your RFC and medical documentation to help ensure you don’t lose your appeal.

Start the appeals process now by filling out our Free Disability Evaluation.