I have a frontal brain injury causing a severe visual memory loss. This brain damage or TBI makes me depressed, have low energy , not able to focus , low concentration and I need to know how to apply these difficulties to each question asked on ssi and ssd applications.
–Paul
Jonathan Ginsberg responds: I have studied the Social Security disability application process in great detail. I have even written a book about it called the Disability Answer Guide. Here are the main “big picture” points about filling out the forms for your condition:
1. At the initial and reconsideration levels, the State Agency adjudicators are primarily looking for listing level impairments. It appears to me that the appropriate listing category for brain injury is Listing 11. I would suggest that you print out this listing, take it to your neurologist or neurosurgeon and ask for his help. A letter from the doctor tracking the language of the listing would be most helpful.
2. When you answer the questions on the form, focus on how your brain injury would prevent you for performing work activities. For example, every job requires a certain level of attendance and concentration. No doubt there are other general work activities that you can no longer do. Keep these limitations in mind when you answer the questions on the forms.
3. The State Agency personnel frequently do not get all of the medical records they need to make a decision. If you have not already been doing so, you should obtain and organized copies of your own medical records. I advise people to send these records in themselves to make sure that the State Agency adjudicator has all relevant records.
I also find that cases involving brain injury, mental health problems and even chronic pain require testimony from witnesses. You, as the claimant, may not be able to objectively describe how your condition has changed you. Therefore, you may want to include a statement or statements from friends, family or former co-workers that discuss these changes.
–Jonathan