A Step-by-Step Guide to Claiming Disability Benefits for Traumatic Brain Injury

Have you suffered from a traumatic brain injury? You may be eligible for disability benefits. Here’s everything you need to know.

A traumatic brain injury (TBI) is an injury to the brain caused by trauma to the head. Common causes of a TBI include car and motorcycle accidents, sports injuries, falls, and assaults.

Although anyone can experience a TBI, it is more frequent among males and those aged 65 and over who are more prone to losing their balance – and therefore falling and hitting their heads.

The Brain Injury Association of America (BIA) estimates that around 2.8 million Americans sustain a TBI annually, with some 280,000 resulting in hospitalizations.

While treatment is available, there’s no getting away from the fact that a TBI can drastically alter a person’s life – sometimes leaving them unable to earn a living.

If you or a loved one has a TBI, it’s essential to know that financial support is available to you. In this blog, we’ll dive into TBIs, explore who qualifies for disability benefits, and offer advice on how to navigate America’s arduous Social Security Disability Claims process. Keep reading to find out more.

Symptoms of a Traumatic Brain Injury (TBI)

The injuries sustained from a TBI vary from person to person. While it all depends on the severity of the trauma, some common symptoms of TBI include:

*Memory loss
*Confusion
*Dizziness
*Seizures
*Speech difficulties
*Excessive drooling and problems with swallowing
*Learning difficulties
*Headaches
*Trouble sleeping
*Mood changes
*Loss of coordination

Mild
A mild TBI is characterised by loss of consciousness for a few seconds or minutes.

Moderate
This type of head injury is associated with a loss of consciousness lasting longer than 30 minutes but less than one day, as well as confusion that can last for several weeks.

Severe
A severe TBI is when an individual experiences an extended period of unconsciousness (coma) or amnesia following trauma.

Mild
A mild TBI is characterised by loss of consciousness for a few seconds or minutes.

Moderate
This type of head injury is associated with a loss of consciousness lasting longer than 30 minutes but less than one day, as well as confusion that can last for several weeks.

Severe
A severe TBI is when an individual experiences an extended period of unconsciousness (coma) or amnesia following trauma.

Does a TBI qualify for Social Security Disability Benefits?
The short answer is: it depends. The SSA recognizes and acknowledges TBI as a disability in their Blue Book under section 11.18 but, to be eligible, your medical records must document one of the following:

The inability to control the movement of at least two extremities due to nerve damage (either an arm and leg, or two arms, or two legs) for at least three consecutive months after the injury. This must result in extreme difficulty in the ability to balance while standing or walking, to stand up from a seated position, or to use the arms. (These criteria used to be referred to as “a sustained disturbance of gross and dexterous movements or gait and station.”)

Or

“Marked” physical problems along with a “marked” limitation (for at least three months post-injury) in any one of the following:
*Thinking (problems understanding, remembering, or applying information)
*Interacting with others (social problems)
*Finishing tasks (problems with concentration, persistence, or speed)
*Regulating emotions and controlling behavior (such as problems with responding to demands, adapting to changes, and being aware of normal hazards)

It’s vital to note that “marked” means problems that are worse than moderate, but not extreme – or something that is considered seriously limiting. If you suffered a TBI but don’t have lasting physical problems (long-term effects), your condition may be eligible for evaluation under the SSA’s 12.02 listing: Neurological Disorders.

Qualifying without meeting a medical listing

Not everyone with a TBI will fulfill the SSA’s criteria. However, this doesn’t mean that you will be denied disability benefits.

You could possibly still qualify by having your doctor fill out a Residual Functional Capacity (RFC) evaluation, which considers the work activities you can perform despite the limitations of your TBI.

How to prepare
Before applying for Social Security Disability Benefits for a TBI, you will need to gather any medical information that may assist your claim. This could include:

*Counselor or caseworker notes
*Results of X-rays, MRIs, etc.
*Neuropsychological testing or IQ testing

*Clinical notes from doctors’ visits
*Emergency room records
*Written statements from friends, family members, or former employers

If you suffer from impairments other than a TBI – like depression, PTSD, or anxiety – be sure to submit documents pertaining to these conditions too as the SSA will consider the combined effect of your impairments on your ability to work. The more evidence you can provide, the better your chances of being granted Disability Benefits.

How and when should I apply?

Once you have all the paperwork in place, Social Security Disability Claims applications can be filed online, by phone, or in person – but be warned: the application process for SSI/SSDI is complicated, to say the least.

How can I get support when applying for Disability Benefits with a TBI?
Dealing with a TBI is hard enough as it is. On top of that, the disability claims process can be stressful. It involves filling out endless forms and painstakingly documenting your injury and symptoms, which can be exhausting and emotionally draining. But you don’t have to do this alone.

Sampson Dunlap LLP can support you through the entire process – right from the very start. We have specialized in Social Security Disability Claims for over 30 years and so we know how to file your Social Security application in the most likely way to have benefits approved for you.

Let us put our extensive experience to work for you today. We look forward to hearing from you.