Does Traumatic Brain Injury Qualify for Disability?

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A woman with a traumatic brain injury talks about disability qualifications with her lawyer.

A traumatic brain injury, or TBI, may result from various unfortunate events; a few probable causes include falling, vehicle accidents, sports injuries, being involved in a workplace accident, suffering a gunshot wound, or even mistakes made by medical personnel. A TBI may result in long-term damage and possibly render a person unable to work, depending on how serious the injury was. A TBI can cause physical and cognitive impairments that require intensive rehabilitation treatment. Unfortunately, intensive rehabilitative treatment does not guarantee a complete recovery is made.

If you’ve had a TBI, your condition can make it difficult for you to continue working. If a TBI has rendered you unable to work, you may be qualified for social security disability insurance. You may also be eligible to pursue financial compensation from the party that caused the injury. It’s crucial that you consult with a qualified lawyer who can explain your rights to you and help you with the claims procedure.

Surely, it is difficult to face this trying phase alone, but you don’t need to feel alone. Get the support you require by contacting a reputable lawyer who can guide you through the legal process.

Brain Injury Lawyer

Recovery from a severe brain injury may be a difficult process that irrevocably changes every aspect of the victims and their families’ lives. Unfortunately, this usually results in families failing to file a civil claim by the deadline. In North Carolina, an accident victim has only three years to initiate a personal injury case. To guarantee that your entitlement to fair compensation for your injuries is upheld, you should contact a North Carolina brain injury attorney immediately.

What Are the Listings for Traumatic Brain Injury?

TBI survivors are now eligible for disability allowance according to the Social Security Administration’s (SSA) 2016 addition of a traumatic brain injury disability listing. However, you must fulfill the SSA’s requirements with medical documentation to be eligible for benefits. Traumatic brain injuries are listed under the neurological diseases section in listing 11.18. Listing 12.02 refers to those who sustain a TBI for neurocognitive disorders but do not have any long-term physical disabilities. The Social Security Administration classifies traumatic brain injuries as any brain damage caused by an open or closed head injury. The Social Security Administration lists traumatic brain injuries as a medical disability, but you may only apply for SSDI compensation if you meet the listings. It is recommended to speak with an experienced traumatic brain injury attorney to ensure you get the support you need and consequently to ensure that your application is submitted and handled properly so that your application and waiting period for benefits may be streamlined.

Consult the Bluebook and Match Your Symptoms

The Social Security Administration (SSA) will decide whether the symptoms you specified are covered by its Blue Book manual of debilitating conditions after a successful demonstration of the severity of your condition. If you are able to satisfy the specified requirements, the SSA will automatically accept your claim for disability compensation. You will go to the next stage of application evaluation to determine your eligibility for disability if your symptoms don’t match or are insufficiently supported by medical evidence.

Determining Your Work Capacity

The SSA will decide whether you may return to your previous line of employment if your claim moves to the next stage. Your ability to do actions related to your prior line of work, such as sitting, lifting, remembering, crouching, pulling, and pushing, will be evaluated. To ascertain whether you can do the responsibilities associated with your prior job experience, your employment during the 15 years prior to the injury will also be taken into account. You might not be qualified for SSDI if you can still reasonably fulfill the functional abilities associated with your prior occupations.

Check to See If You Can Do Any Other Work

Last, but not least, the SSA examiners will evaluate your ability to carry out activities related to any other type of employment for which you are qualified or capable. For instance, if you could utilize your abilities in another industry, they recommend work over benefits. They will also consider your age, credentials, and level of education in this process. The SSA will likely approve your application for disability payments if you cannot undertake any other type of job.

What Are the Traumatic Brain Injury Bluebook Listings?

According to the SSA’s Blue Book, a victim must exhibit several traumatic brain injury-related signs and symptoms to be automatically accepted. Consider hiring an attorney if your TBI doesn’t fulfill these criteria. In some cases, the SSA may consider your claim even if it doesn’t match the listings, provided you can show how severe your injury is.

What Role Can an Attorney Play in Your Case?

For the SSA to approve your claim for disability payments, evidence that your condition prevents you from working is required. As your lawyer, we will:

  • First, examine your claim and provide you with recommendations based on your medical records.
  • Collaborate with witnesses and medical experts to gather evidence to support your claim.
  • Demonstrate that your income is below the program’s threshold.
  • Handle the claims procedure and any appeals on your behalf.

How Much Compensation Do You Get for Traumatic Brain Injury

Traumatic Brain Injury and Back Pay

A TBI disability claim may be difficult because applicants frequently have their claims denied. Make a list of your healthcare practitioners, including their names, phone numbers, and the dates of any services they rendered, to collect complete records. Medical documentation is required to support your diagnosis, the severity of your brain damage, the prognosis, the treatment plan, and how it impacts you. You will get back pay as soon as the SSA accepts your claim for disability compensation. Most claimants get their initial back pay amount within 60 days of their claim being approved.

Retroactive Disability Benefits

The Social Security Administration will provide retroactive disability compensation as necessary. Retroactive payments will only be made if you can show that you were injured for at least five months prior to completing your disability claim.

How to Determine Your Potential Compensation Amount for Traumatic Brain Injury

Your Social Security tax contributions determine the amount of your disability compensation for a TBI. The SSA examines your employment history to establish your average monthly indexed earnings (AIME). The SSA will determine your AIME before calculating your main insurance sum. Based on those amounts, the SSA will calculate your monthly disability benefit for a TBI. They also factor in your age while calculating.

Traumatic Brain Injury Lawyers at Tatum & Atkinson

Disability claims resulting from traumatic brain injuries can be difficult. The best course of action is often to contact a brain injury law firm before making your claim. Your lawyer will oversee the entire procedure and gather enough evidence to back up your claim. Do not delay contacting a competent and experienced brain injury lawyer at Tatum & Atkinson, “the Heavy Hitters,” if you have suffered a brain injury. To book your free case review, call (800) 529-0804 or contact us online. You can investigate your legal rights and all available financial recovery alternatives if you are suffering from a traumatic brain injury with the assistance of an expert brain injury lawyer.