Applying for Disability When You Have a Traumatic Brain Injury

If you have suffered a traumatic brain injury, the chances are high that it has impacted your life significantly, and in any number of negative ways. Often, a serious brain injury can leave you unable to work, and without the ability to enjoy many of the things that you once loved to do. It can even cause you to lose mobility, the ability to communicate clearly and effectively with others, and even the ability to care for yourself. Truly, it can be a devastating, and permanently life-altering event.

If you find yourself in this situation, know that there are those who care deeply about helping you to secure the disability benefits that you deserve to provide for your day-to-day needs. After all, the last thing you need on top of all of the stress you feel about your health is additional financial stress too. At London Disability, we specialize in helping disabled individuals in all sorts of circumstances seek and obtain the disability benefits that they deserve.

To most people, navigating the legal process of applying for disability benefits can seem complex and confusing, and this is understandable. While one of our traumatic brain injury disability representatives will be able to more thoroughly guide you through the process with respect to your particular circumstances, having some general knowledge about the process can be helpful and reassuring.

What Do I Need to Prove to Qualify for Disability Benefits?  

First, it is important to realize that in order to qualify for disability benefits in the first place, you must have held gainful employment prior to your injury, during which time you paid taxes as owed. If you have done so, the second step requires that you have medical records which can successfully prove that either:

• You are unable to control movement of at least two extremities (either two arms, two legs, or an arm and a leg) for at least three months in a row after the injury, and this inability results in extreme difficulty balancing; or

• You have “marked” physical difficulties and a “marked” limitation for at least three months in a row following the injury in any one of these areas:
  • Thinking
  • Finishing tasks
  • Regulating emotions or controlling behavior
  • Interacting with others.

If you are able to prove the foregoing facts by submission of your medical records, then you will likely qualify for disability benefits.

Of course, by their very nature, many traumatic brain injuries manifest themselves in different ways, depending upon their severity and how they were incurred. Thus, while you may not qualify strictly under the medical definition set forth by SSA and outlined above, you may still qualify through what is called the medical-vocational allowance. This is a set of guidelines that helps to determine whether or not your particular diagnosis will allow you to work, even if in a modified sort of capacity. In making this determination, the SSA will likely look at various considerations, including your education, your work history, your age, and your residual functional capacity, or RFC.

The RFC determination is a key factor in the consideration for benefits. If it is determined that you are able to do your job on a modified basis with some allowances or accommodations made for your condition, then you may not qualify for disability. On the other hand, if you are unable to work, and have no prospect of being able to do so for a year or longer even with reasonable accommodations, the medical and vocational allowance may apply, and qualify you to receive disability benefits for your condition.

Ultimately, the more medical records you have to support the severity of your condition and its disabling effects on your life, the stronger your case will be.  For many who have suffered a traumatic brain injury, returning to work in any capacity is extremely difficult, if not impossible. Speaking with an attorney about your condition and the limitations it has caused in your life is always the best first step to take.

Call London Disability Today  

If you are feeling overwhelmed or anxious about the process of applying for social security disability, we’re here for you. Let us help you navigate this process so that you can focus on what’s most important – your health and well-being. At London Disability, our highly knowledgeable team of legal experts is here for you. Helping clients just like you seek and obtain the disability benefits for traumatic brain injury that they deserve is our specialty and our passion. If you’re ready to get started, don’t hesitate to contact us at (877)978-3136, or visit our website at www.londondisability.com to speak with one of our traumatic brain injury disability representatives today. We look forward to helping you soon.