Social Security Disability Benefits For A Traumatic Brain Injury

May 8, 2018 | By O'Connor Acciani & Levy
Social Security Disability Benefits For A Traumatic Brain Injury

Traumatic brain injuries commonly occur after car crashes, slip and fall accidents and other situations caused by someone else's negligence. These injuries can have a devastating effect on your life and make it difficult for you to work and support yourself and your family. Some people with traumatic brain injuries may be able to obtain Social Security Disability benefits to replace the income they lost because they are unable to work. Below, review the eligibility requirements for people with traumatic brain injuries. If you have sustained a traumatic brain injury and are unable to return to work, it is important that you contact O’Connor, Acciani & Levy for assistance. Our experienced Cincinnati Social Security Disability attorneys can assess your claim and gather medical evidence to establish the severity of your injury.

Eligibility For Benefits

If the symptoms of your brain injury meet the qualifications in the Social Security Administration’s (SSA) Blue Book of Listing of Impairments, you should be eligible for benefits. The SSA will not need to do any further consideration about how the condition hinders your ability to work. There are two listings in the blue book for traumatic brain injuries:

Physical Listing

The physical listing requires that you have problems in two limbs that cause an extreme limitation that affects your ability to complete the following tasks:
  • Standing
  • Walking
  • Moving from one position to another
  • Balancing
  • Using your arms
The extreme limitation in two limbs must have lasted for at least three months after your injury. The limitation can affect both arms, both legs, or a combination of an arm and a leg.

Mental Listing

The mental listing requires you to have a marked limitation in your physical functioning accompanied with marked limitation in one of the following cognitive areas:
  • Understanding, remembering or applying information appropriately
  • Finishing tasks, concentrating, persisting and completing tasks in a timely manner
  • Socializing with others in the work environment
  • Adapting to changes, being aware of work standards and properly regulating emotions

What If You Do Not Meet The Listing?

If your brain injury does not meet the blue book criteria for a disability, you might still qualify for benefits. The SSA will evaluate whether the limitations caused by your traumatic brain injury are keeping you from working. The SSA determines whether you can perform work duties associated with your most recent job or those of another job. The SSA assesses your physical and mental limitations by calculating your Residual Functional Capacity (RFC). The forms that are used to determine your RFC note your physical and mental limitations, such as problems with your ability to walk, stand or concentrate. Your RFC is the most that you can do, given your traumatic brain injury and other limitations. If you have multiple moderate limitations in several areas, the SSA may determine that you cannot return to your former job. If the SSA determines that your condition does not permit you to return to your most recent job, it next considers whether there are less demanding jobs that are available in the national economy that you can perform. The SSA considers a number of factors when making this determination, including your:
  • Age
  • Education
  • Work history
  • Job skills
If the SSA determines after assessing these factors that you cannot work any job, you will be eligible for benefits.

Contact A Lawyer For Help

If you have suffered a traumatic brain injury and can no longer work because of it, contact an experienced disability lawyer from O’Connor, Acciani & Levy. Our disability attorneys are knowledgeable about all aspects of disability law. We provide all clients a free, no-obligation consultation. We only receive payment for our services if you receive benefits.