Collecting disability is essential for people who have suffered a traumatic brain injury, or “TBI.” Disability allows a person with a TBI to continue caring for themselves if they are unable to work in the same capacity that they could before their injury. If you’ve suffered a TBI and have questions about how to obtain disability, this article will help you understand the requirements–and what to do if you have been denied disability.
What is a traumatic brain injury?
A traumatic brain injury is an injury to the brain, often due to an external force. Blow to the head, bumps to the head, and sudden jolts that involve the head and neck can result in a TBI. Not all bumps or blows to the head result in TBIs, and some TBIs will heal within a few months.
Falls, sports, and violent activity can cause TBIs, but the most common cause of TBIs is motor vehicle accidents.
Types of traumatic brain injury
There are two types of TBIs; closed brain injuries and penetrating brain injuries.
- Closed brain injury. A closed brain injury involves an injury to the brain without breaking the skull. These injuries can occur from rapid movement (like whiplash) or certain sports.
- Penetrating brain injury. A penetrating brain injury involves an injury to the brain with a break in the skull, such as with a gunshot wound.
Both types of TBIs can result in disabilities, and some may be permanent.
Symptoms of traumatic brain injury
If someone experiences a TBI, it may not always be noticeable. Symptoms of a TBI include:
- Confusion
- Memory loss and cognition issues
- Judgment problems
- Disorientation with time and space
- Dizziness
- Nausea and/or vomiting
- Problems with motor skills and coordination
- Paralysis and/or muscle weakness
- Vision issues
- Speech issues
These problems may make it impossible for a person to care for themselves, continue to work, or even ambulate properly. In many instances, TBIs may also affect a person’s social interactions and change their personality.
Does traumatic brain injury qualify for disability?
Some people with TBIs will be eligible for disability payments. To qualify for disability, a person must prove that their disability:
- Is the result of a TBI;
- Will not, for the foreseeable future, get better;
- Interferes or limits a person’s ability to carry out at least two life activities (like bathing, eating, dressing, or working); and
- Requires continued care.
People who meet these requirements may be eligible for disability benefits.
Types of disability benefits
Residents of South Carolina may be eligible for several different types of disability benefits.
- Social Security Disability Insurance (SSDI): SSDI is paid to citizens who have worked jobs covered by social security and have met the medical condition of disability as defined by the Social Security Administration.
- Supplemental Security Income (SSI): SSI benefits are given to adults with disabilities who have little to no income, and to families with disabled children. SSI payments also consider factors like available resources, like additional income.
- Private Disability Insurance: Private disability insurance is typically offered through a person’s employer, or may be purchased privately. Eligibility requirements will vary according to the policy.
- Veteran Disability Benefits: United States veterans who meet disability requirements may be eligible for disability benefits from the Department of Veterans Affairs.
Determining your eligibility for disability can be a complicated and lengthy process, as each disability benefits provider has their own definition of disability and application process.
What is the application process for getting disability benefits?
The process of applying for disability can feel intimidating, especially for a person dealing with a TBI. The process is lengthy and it is easy to make mistakes which can result in denied claims or a longer approval period.
You can apply for disability benefits online, by phone, or in person. You will need to collect and provide medical records to support your TBI diagnosis and evidence of how it impacts your life.
While you can apply for benefits on your own, many people choose to hire legal representation to oversee the process. Hiring an experienced disability benefits attorney ensures you have all required documents, do not miss any deadlines, and file everything properly for the best possible outcome.
Do I need a medical assessment?
You will need a medical assessment to qualify for disability. You can provide your current medical assessments that show you’ve been diagnosed with a TBI upon application for disability, but keep in mind that additional assessments may be required for approval.
What do I do if disability benefits are denied?
It is not uncommon for disability claims to be denied. Many successful disability claims are initially denied due to filing errors or simply not providing enough information. If your claim has been denied, there are actionable steps you can follow to appeal the denial.
- After a denial, you can file for reconsideration within 60 days. This will send your claim to a different examiner and may also allow you to submit more evidence to support your claim.
- Request a hearing. If, after reconsideration, your claim is still denied, you may request a hearing before a judge. A hearing allows you to plead your case in a trial setting and admit evidence from medical providers, as well as testimony from family, friends, and coworkers. You may also have a lawyer present to handle your case.
- If the judge denies your claim, you still have options. You can request an appeal, which will send your claim to the Appeals Council. The council may either approve your claim, deny your claim, or send it back for another hearing.
- If your claim is still denied, you can apply for a federal court review. This is a complicated, lengthy process, but may be the best solution for a person whose claim is repeatedly denied.
Having the experience and dedication of a qualified personal injury attorney can make the entire process easier and help you avoid common mistakes and pitfalls associated with claims filing.
When should I contact a personal injury attorney?
Contacting a personal injury attorney as soon as possible can help alleviate the burden associated with the claims process. An attorney can:
- Handle complex paperwork and filing requirements;
- Work with your medical team to ensure you have all the documentation you need to support your claim;
- Help prepare you for interviews and consultations with examiners from the SSA and their medical providers;
- Handle the appeals and trial process if necessary.
While your attorney handles the heavy lifting, you’ll be able to focus on continued treatment.
Tips for a successful application for disability
Filing for disability will not be an easy process and many people find that hiring a personal injury law firm is an easier way to navigate the course. You can help support your claim by:
- Being thorough with your paperwork and documentation.
- Responding quickly to questions and communications from the SSA.
- Contacting an attorney for assistance.
Once the claims process is complete and you have been approved for disability, you will begin to receive payments, however, some approvals will require ongoing medical assessments from time to time to ensure you are still disabled.
If you are able to return to work, your disability payments may be affected. Having an attorney by your side can help you understand your rights and how your benefits may change if and when you recover from your TBI.
