Accessing Social Security Benefits After a Traumatic Brain Injury
More than 1.7 million people in the U.S. experience a Traumatic Brain Injury (TBI) yearly. This condition occurs when a sudden jolt or blow damages the brain, disrupting its normal function. TBIs may also result from penetrating injuries where an object breaches brain tissue. Depending on the severity, symptoms can range from mild and temporary to severe, leading to permanent impairments or even death. A traumatic brain injury may also affect one’s ability to work. If you suffered a TBI that hinders you from working, you may be eligible for social security benefits.
What Is a TBI?
A Traumatic Brain Injury is a complex medical condition caused by sudden trauma to the head, leading to brain damage. The SSA defines TBI as brain damage caused by blunt trauma, penetration by an object, or a skull fracture. TBIs vary in severity and can cause physical, cognitive, and emotional challenges. Some of the common symptoms include memory issues, difficulty concentrating, speech issues, and emotional instability.
Is a TBI Medically Considered a Disability?
While mild TBIs like concussions may not result in lasting impairments, severe cases can cause significant cognitive, physical, and emotional challenges, which can lead to a classification as a medical disability. Some of the factors that dictate whether a TBI is considered a disability include the following:
- Severity: Mild brain injuries might resolve without long-term effects, whereas severe TBIs often result in permanent impairments.
- Functional Impact: TBIs can lead to difficulties with memory, concentration, motor skills, and emotional regulation.
- Duration: Impairments that persist and hinder daily activities may qualify as a disability.
How the Social Security Administration (SSA) Treats Brain Injuries
In 2016, the SSA introduced a disability listing for TBIs under neurological disorders (Listing 11.18). To qualify for disability benefits, individuals must provide medical evidence meeting specific criteria:
- Motor Function Impairments: Severe limitations in using at least two extremities (arms or legs), affecting the ability to stand from a seated position, balance, or use the upper body, lasting at least three consecutive months.
- Mental Impairments: Significant limitations in one area of mental functioning for at least three months, such as:
- Understanding or remembering information
- Interacting with others
- Concentrating or maintaining pace
- Adapting to or managing oneself.
Remember that the SSA evaluates each case individually, considering how the injury has impacted your ability to work and perform daily tasks.
Is a TBI Disability Eligible for Social Security Support?
If you have suffered a TBI, you may be eligible for Social Security disability benefits if it prevents you from engaging in substantial gainful activity (SGA), meaning you cannot earn above a specific income threshold because of the injury. To be eligible, you must provide clear evidence and medical documentation demonstrating how the injury limits your physical and mental capabilities. For instance, the medical records must indicate impairments like extreme motor or mental functioning limitations that persist for at least three months. Ultimately, your eligibility for the benefits will depend on your work history, age, and the specific impact of the injury.
Contact a London Social Security Disability Lawyer Today
Navigating Social Security benefits after a TBI can be complex. Our experienced London and Southeast Kentucky Social Security disability attorneys at Cessna & George Law Firm can help you understand your rights and improve your chances of receiving the support you need. Contact us today for a consultation.
Source:
ssa.gov/disability/professionals/bluebook/11.00-Neurological-Adult.htm#11_18:~:text=11.18%20Traumatic%20brain%20injury
