Chermol & Fishman, LLC, is a leading disability law firm with highly experienced traumatic brain injury (TBI) lawyers. We provide extensive legal assistance to our clients until they receive monetary benefits for their disabilities. To book a free consultation, call 1-888-774-7243.
When someone suffers a traumatic brain injury, their life can be turned upside down. If you or any of your loved ones has become disabled due to TBI , consult with a disability lawyer. Living with a disability is a devastating experience that nobody should go through without support.
Physical pain and disability may render you unable to work. This can compound your difficulties, as many people will experience financial strain and instability over the long term without a consistent income. Beyond physical limitations, disabled individuals experience emotional pain related to reduced quality of life.
The inability to pay for necessities like food and housing causes anxiety, depression, and emotional stress. Medical treatment necessary to manage disabilities are costly. Fortunately, there is support for people who have a disability that has lasted or is expected to last over one year.
Social security disability insurance (SSDI) benefits are available to people who have worked in the past. This federally managed insurance policy is funded directly through paycheck deductions withheld by an employer and remitted to the federal government. Recipients must have a sufficient work history to qualify, as SSDI credits are earned throughout their working lives.
What is a Traumatic Brain Injury?
Traumatic brain injury (TBI) is a condition that occurs when a significant external force causes injury to the brain. The force usually involves a blow to the head, although TBI can occur when an object pierces the skull. For example, a bullet that does not cause fatal injuries can still result in TBI.
Many people suffering from TBI have questions regarding their eligibility for disability benefits. Continue reading to find out more about SSA’s disability qualification criteria and how to apply for disability benefits based on a TBI-related disability or disabilities.
Depending on the severity of the blow, TBI may be temporary. Victims of a temporary brain injury disability may be able to recover completely through medical treatment and cognitive exercises; however, more serious injuries may cause long-term brain damage and disability.
Blows that result in torn brain tissue or bleeding or bruising in the brain can cause permanent symptoms. In extreme cases, severe brain damage can eventually become fatal.
Symptoms of TBI are both physical and cognitive. Physical symptoms include nausea, vomiting, sleep disturbances, dizziness, and headaches. Cognitive symptoms include confusion, difficulty concentrating, sudden changes in mood, and memory problems. Treatment often includes medications like diuretics and anti-seizure drugs to alleviate some of the more serious symptoms. Your healthcare provider may also prescribe drugs to reduce the damage done to the brain. In more severe cases, surgical intervention may be required. Cognitive rehabilitation is often recommended to those who suffer from a traumatic brain injury, as well.
People who experience a traumatic brain injury should seek emergency medical assistance immediately following the traumatic event. If the condition is severe, causing long-term cognitive or physical decline, you may be eligible for SSDI for a traumatic brain injury disability. Even with treatment, some people will never fully recover from their brain injury. These people may want to consider applying for traumatic brain injury benefits from SSA for financial assistance and other support.
Getting Disability for Traumatic Brain Injury
Qualifying for TBI disability requires showing that the complications stemming from the injury have caused long-term disability. The Social Security Administration does not include TBI among its listing of qualified impairments.
There are, however, medical conditions that are caused by or related to TBI that are among those listed. For example, epilepsy is a recognized disability. Eligibility for SSDI benefits due to epilepsy depends on the frequency and severity of seizures.
Damage to the central nervous system may also qualify a person for SSDI benefits. Therefore, you may be approved for disability benefits for TBI if your central nervous system is experiencing any severely adverse symptoms.
Complications, including difficulty speaking or involuntary movements of the extremities allow a person to qualify for benefits. You will be eligible if these symptoms persist for more than three months following the injury event. Your medical records should demonstrate that symptoms are severe to be determined eligible to receive benefits for a traumatic brain damage disability.
Veterans With Traumatic Brain Injury
Veterans may also receive disability benefits if they sustained a traumatic brain injury while serving in the military. The VA has a complex body of rules and regulations that govern TBI disabilities, but if you have suffered TBI while serving, you could be entitled to disability compensation benefits. In some cases, disability related to TBI is so severe that you may warrant a disability evaluation of 100%. A veteran who does not have a 100 percent evaluation, but has a combination of injuries that effectively make them unable to work may alternatively seek an Individual Unemployment evaluation.
Both SSA and VA disability evaluation regulations are complex. Allow an experienced disability lawyer to assist you with filing a claim. If you have been experiencing a disability and are in need of financial support, you must get in touch with an attorney.