Traumatic brain injuries (TBI), have the potential to cause significant and sometimes irreversible harm to the brain. Side effects can be long-lasting and negatively impact an individual’s life and their daily functioning. Many people who have suffered a TBI struggle to work and participate in activities they once enjoyed.
TBI can occur due to car accidents, workplace injuries, and other circumstances. Brain damage can also be a consequence of medical conditions, such as stroke, dementia, Huntington’s disease, etc.
When a TBI stops people from working, they often wonder what options they have. Living with a disability is difficult enough, but when you can’t earn an income, medical bills pile up fast. Patients may not be able to pay for everyday expenses or get the care they need.
Thankfully, Social Security Disability (SSD) benefits are available. You may qualify for these benefits if you can’t work because of physical or mental impairments caused by a brain injury.
A knowledgeable Social Security Disability law firm can help you file for disability. At Ficek Law, PC, our traumatic brain injury attorney provides skilled legal representation. We fight to help clients obtain compensation to support their recovery and everyday needs.
To learn more about filing for Social Security Disability benefits with TBI, continue reading. We also invite you to contact Ficek Law, PC, to schedule a free consultation.
Symptoms of TBI
Traumatic brain injuries can lead to any number of long-term or permanent side effects. They can result in physical disabilities and/or cognitive decline. It’s easy to understand how and why TBI could potentially affect your ability to work.
Side effects of brain trauma can manifest gradually or immediately after injury. That’s why it’s important to receive a diagnosis as quickly as possible. Symptoms may include:
- Headaches
- Confusion/Difficulty Concentrating
- Dizziness
- Sensory Sensitivities
- Memory Loss
- Nausea
- Mood Disorders (such as anxiety, irritability, depression, mood swings, etc.)
- Seizures
- Balance Issues
- Vertigo
- Trouble Speaking or Processing Language
- Fatigue or Trouble Sleeping
- Paralysis
Can You Get Social Security Disability For a Brain Injury?
Yes, if you suffered a head injury or were diagnosed with an illness that affected your brain, you may be eligible for SSD. Disability is awarded to individuals who can’t maintain gainful employment because of a medical condition.
How to Qualify
TBI and neurocognitive disorders resulting from TBI are considered disabling conditions by the Social Security Administration (SSA). However, qualifying for disability benefits can be difficult. The SSA maintains strict eligibility requirements and application guidelines.
To apply for benefits, you must first satisfy the SSA’s definition of disability. This includes meeting the criteria below:
- Your disability is a medically diagnosed condition.
- Your disability has lasted or is expected to last at least 12 months.
- Your disability prevents you from performing Substantial Gainful Activity (SGA).
- The Blue Book lists your disability as a qualifying condition. (OR your disability meets or exceeds a listed impairment in severity, OR it qualifies for a medical-vocational allowance)
Qualifying for SSDI or SSI Benefits
Both Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) offer financial assistance to disabled individuals. Each program comes with its own eligibility requirements.
SSDI is specifically awarded to disabled workers. If you’re applying for SSDI for traumatic brain injury, you must meet the criteria below:
- You have earned a substantial number of work credits by working and paying payroll taxes. This means you’ve paid into the Social Security System.
- Your condition prevents you from performing the work you did previously and adjusting to any new type of work.
- You meet the SSA’s definition of disability.
SSI is a needs-based program, and unlike SSDI you don’t need a work history to qualify for benefits. SSI goes to disabled, blind, or aged individuals with extremely limited income and resources. If you’re applying for SSI for traumatic brain injury, you must meet the eligibility requirements below:
- You have extremely limited income and resources.
- You are ineligible for SSDI.
- You meet the SSA’s definition of disability.
Meeting Medical Criteria
The SSA references the Blue Book when reviewing disability claims. The Blue Book is a list of medical conditions separated by body systems that qualify for disability benefits.
TBI is under section 11.00 for neurological disorders, impairment listing 11.18. The SSA will evaluate a TBI disability claim by referencing the symptoms outlined under this listing. If a claimant’s condition meets the criteria under 11.18, they will receive benefits.
The SSA will evaluate a TBI claim that results in coma or persistent vegetative state (PVS) under 11.20.
The SSA may also evaluate a claim under section 12.02 for neurocognitive disorders. Section 12.00 focuses on mental disorders. However, TBI can result in a significant decline in cognitive functioning. Therefore, cognitive impairments resulting from neurological disorders are evaluated under 12.02 if they don’t satisfy the requirements in section 11.00.
Supporting Evidence
You must submit non-medical and medical evidence to the SSA to support your claim. This can include:
- Examination results
- Laboratory test results
- A complete medical history
- Reported symptoms
- Imaging results
- Information about prescribed medications
- Information about sensory, motor, or speech issues
- Statements about the symptoms of your impairment and restrictions it places on you (such as your daily activities or efforts to work)
- Information about how you function during examinations or therapy
A TBI lawyer skilled in Social Security Disability law will be able to help you identify and gather the necessary evidence to support your claim. At Ficek Law, PC, you can depend on our Social Security Disability attorney in North Dakota.
Contact Ficek Law, PC: Your Experienced TBI Attorney For Disability Benefits
If you’ve suffered a traumatic brain injury in North Dakota and are now unable to work, Ficek Law, PC, is here to help. Our disability attorney Anton G. Ficek offers experience and professional legal support. He will collect evidence to support your claim and illustrate the impact your condition has had on your life.
Our firm understands the intricacies of the disability claim process and the SSA’s strict guidelines. Ficek Law, PC, is fully prepared to advocate on your behalf to secure the benefits you need. Contact us today to schedule a free consultation.
