Traumatic brain injuries (TBIs) are very serious and come in different forms: victims may be injured because of an accident or a condition like a stroke. TBI victims have to apply to the Social Security Administration (SSA) for disability, where they have a “blue book” that outlines different conditions and the eligibility requirements. If the applicant’s condition meets the requirements they will be approved, for example, people with an injury that results in seizures are evaluated under epilepsy. SSA must examine medical records to determine the severity and frequency of one’s seizures.
The disability procedure is complicated, which is why people need an attorney with experience in Social Security disability law. Call Law Offices of Sara J. Frankel & Associates PC and schedule a consultation. Stroke victims are evaluated under the listing for central nervous system vascular accidents, and in order to be approved, applicants must have speech problems that limit communication. They may also qualify if the use of their limbs is restricted. Some brain injuries result in organic changes which include learning disabilities and personality changes. To obtain disability the changes must restrict one’s activities and the ability to concentrate; additionally, people may qualify if the accident causes a drop in their IQ.
Under Social Security disability law, applicants must have a job analysis. It is not enough that an applicant cannot perform their regular job, they are also evaluated as to the ability to do any job. SSI or one’s physician must complete a residual functional capacity (RFC) form, which should be filled out to reflect all the problems that prohibit working. The evaluation is based on impairment, age, level of education and work history.
People with TBIs are treated differently from other applicants in a key area: disability duration. Normally, an applicant must be disabled for at least twelve months to be approved, while TBI victims are approved after three months. People who are denied are reassessed at six months. The applicant has also the right to appeal. First, the attorney files a Request for Reconsideration, which is basically an appeal on paper; however, the next level of appeal is a hearing before an administrative law judge. The process is tough but having an experienced attorney helps. You can also like them on Facebook.
