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Traumatic brain injury and eligibility for SSD benefits

Brain injuries can have a devastating effect on people. It's not uncommon for those with brain injuries to have a very difficult time continuing to work after suffering their injury. Although traumatic brain injuries, or "TBIs," has taken a terrible toll on people's lives in Tennessee, there may be options for those who are no longer able to work. One of these options may be Social Security Disability. It is important for victims of brain injuries to get more information on how the government determines whether a person with a TBI is eligible for SSD benefits.

There are two standards under which a person living with traumatic brain injury may be eligible for Social Security Disability. The first is if the person has disorganization of motor function in two extremities. This disorganization must result in an extreme limitation of the person's ability to stand up from a seated position, balance while standing or walking or use their upper extremities. If this state of affairs persists for at least three consecutive months after the injury, the person may be eligible for SSD benefits.

The other standard is met if the person has a limitation in physical functioning, as well as a limitations in mental functioning manifesting itself in one of four possible ways. If the person has a limitation in understanding, remembering or applying information; interacting with others; concentrating, persisting or maintaining pace; or adapting or managing oneself, then the necessary limitation in mental functioning exists. If the physical and mental marked limitations persist for at least three months, the person may be eligible for SSD benefits.

In addition to the medical criteria, there are other criteria that must be met before a person is eligible for SSD benefits. The condition must be expected to last for at least 12 months or to result in the person's death, and the person must have the necessary amount of work credits before they may be eligible.

Source: Social Security Administration, "11.18 Traumatic brain injury," accessed on Aug. 13, 2017

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We serve clients throughout the United States. We charge no fees in disability cases unless we recover benefits for you. To schedule your free consultation with a Social Security Disability lawyer, call 800-945-4950 or contact us by email.

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