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Social Security Disability Benefits After A Traumatic Brain Injury

A Traumatic Brain Injury (TBI) can change your life completely. TBIs can impair your ability to function and work a normal job. In some cases of TBI you may qualify for social security disability benefits.

 

What Is TBI?


 

TBI occurs when a person experiences a sudden blow to the head. This blow causes damages to the brain that can include bleeding, bruising, and swelling. TBI can be mild to severe. TBI can cause a loss of cognitive function such as:

● Memory loss
● Dizziness
● Fatigue
● Loss of fine motor skills
● Speech impairments
● Sleep disturbances
● Headaches
● Memory loss
● Difficulty focusing
● Depression
● Reduced thinking and reasoning skills

What makes TBI such a complex injury is often times these symptoms do not show up immediately after the injury. Sometimes it can take it can take months or years for these symptoms to develop. It is critical if you’ve sustained a head injury that you see a medical professional who can diagnose, treat, and monitor your injury.

 

TBI And Social Security Disability


 

In 2016, the Social Security Administration considers TBI a disability under listing 11.18 and listing 12.02. These listings mean that if you have a TBI, you may be able to qualified for social security disability benefits. To qualify for benefits you need to prove that the TBI is so severe that you are unable to control at least two of your extremities or have a marked limitation in cognitive abilities for at least three consecutive months following your injury.

 

The Application Process For Social Security Disability And TBI


 

If your TBI is so severe that it is impairing your ability to work, you should consider applying for disability benefits.The process for application is laid out on the Social Security Administration’s website. Basically you will start by completing two major forms:

● The application
● A release of your medical records

Applying is pretty straightforward, however proving you qualify for benefits can be very complex and challenging.

 

How To Prove Severe TBI To Qualify For Social Security Disability


 

In order to qualify you must prove that your injury is preventing you from working. In order to do that you must provide documentation of all of your medical records including:

● Emergency room visits
● Doctor’s visits and their notes
● Treatment schedule and attendance
● Any diagnostic testing like x-rays, CTs, or MRIs
● Prescriptions
● Any physical or cognitive therapy
● Neuropsychological testing
● Psychiatric or psychologist visits

The Social Security Administration will look at the full picture of your injury to determine if you qualify for benefits. That is why it is crucial that you receive full medical care after a TBI. The more evidence you can provide, the more likely your claim will go through.

 

What Happens If My Disability Claim Is Denied?


 

The Social Security Administration has strict regulations when it comes to awarding disability benefits. This is done in order to protect against people who would exploit the system. However, many of these restrictions can hurt people who really qualify for the benefits. If you have applied for disability benefits for your TBI and have been denied, you do have recourse. An knowledge disability attorney can help you appeal the ruling and collect the documentation you need to prove your disability.

At All Injuries Law Firm we specialize in both TBI cases and Social Security benefits. With this expertise we know exactly what to do to prove the severity of a TBI and what step to take to appeal a social security disability claim denial. Call us at 1-941-265-HURT for a free case assessment and to learn how we can put our expertise to work for you.