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Traumatic brain injury sufferers and initial claim denials

The human body is a fragile, yet resilient thing. In some instances of serious injuries, with adequate medical care, an individual is able to make a full recovery with very little, if any, signs that the injury even occurred. In other instances, though, the injuries suffered are so severe that not even the most advanced medical treatments can provide a cure. When this is the case, it can be difficult or impossible for a victim to reclaim what was once his or her normal life. This can create emotional and financial challenges.

Amongst these serious injuries that could generate financial hardship is traumatic brain injuries or TBI. But for many TBI sufferers, Social Security disability benefits can provide relief. Unfortunately, though, far too many benefits seekers give up after their initial claim is denied.

Therefore, it is important to realize that an initial claim denial is not the end of a disabled individual's road to seeking benefits. Claim denials can be appealed and reconsidered. In many instances, these second efforts result in benefits being awarded.

So why do TBI victims often have their initial claims denied? In many cases, these individuals fail to provide documentation that adequately proves their injuries and the extent of their disability. When filing a SSD benefits claim, applicants should include all medical reports that document their medical history, diagnoses, lab and clinical findings, treatment plans and a statement of how the injury has affected the individual's ability to work.

Coupled with this documentation, TBI sufferers should be prepared to make legal arguments that are persuasive with regard to why he or she should be awarded benefits. This can be challenging, therefore, many find it beneficial to have an attorney on their side who can help them develop a compelling legal strategy.

Whether you are filing your initial claim or making an appeal after being denied benefits, SSD applicants should take the time to understand their options. This not only helps progress the process but also protects the rights and interests of the applicant.

Source: Brainline.org, "Figuring Out Social Security Benefits after TBI," Michael V. Kaplen, accessed on June 19, 2016

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Alan E. DeWoskin, P.C.
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