4.2 Google RatedIf you’ve suffered a traumatic brain injury (TBI) that prevents you from working, you may be eligible for Social Security Disability Insurance (SSDI). At Pekas Smith Disability Attorneys, a traumatic brain injury SSDI lawyer in AZ can help you successfully apply for and receive the benefits you deserve.
We understand how overwhelming the SSDI process can be, especially when you’re coping with the long-term effects of a brain injury. That’s why our attorneys provide personalized, compassionate representation from the initial application through appeals.
Contact us today for a complimentary consultation with an SSDI lawyer who specializes in claims for benefits for traumatic brain injury.
What Is a Traumatic Brain Injury?
A traumatic brain injury is caused by a blow or jolt to the head that disrupts normal brain function. TBIs can result from car accidents, falls, workplace injuries, assaults, or sports-related trauma.
Classification
TBIs are classified based on severity:
- Mild TBIs, often referred to as concussions, may involve a brief loss of consciousness or altered mental status. These injuries can be deceivingly subtle, but may still lead to long-term cognitive and emotional changes.
- Moderate TBIs tend to produce more noticeable impairments and may be accompanied by bleeding or swelling within the brain.
- Severe TBIs often involve prolonged unconsciousness or coma and can result in significant, lasting impairments in mobility, speech, memory, and more.
Signs and Symptoms
Recognizing a TBI isn’t always straightforward. Signs and symptoms may appear immediately or take days—or even weeks—to emerge.
Some of the most common cognitive symptoms include confusion, difficulty concentrating, poor memory, and slowed thinking.
Physical symptoms might include persistent headaches, dizziness, blurred vision, nausea, sensitivity to light or sound, and problems with balance or coordination.
Emotional and behavioral symptoms can be equally concerning: irritability, mood swings, depression, anxiety, impulsiveness, or even personality changes.
Any head injury followed by loss of consciousness, seizures, vomiting, or difficulty waking should be treated as a medical emergency. Even if the injury seems minor at first, it’s necessary to seek evaluation.
When these symptoms persist and impact your ability to maintain employment, SSDI benefits offer critical financial support. A traumatic brain injury SSDI lawyer in AZ can help you present the best case for a claim.
Does a TBI Qualify for Disability Benefits?
Yes, a TBI can qualify as a disabling condition under the Social Security Administration’s (SSA) Listing of Impairments. If it prevents you from performing substantial gainful activity (SGA) and meets the medical requirements outlined in the SSA’s Blue Book, you might be eligible.
The most direct section is Listing 11.18 – Traumatic Brain Injury.
To meet this listing, you must show either:
Disorganization of Motor Function in Two Extremities
- Interference with two extremities may be upper, lower, or a combination of both. Examples are fingers, wrists, hands, arms, and shoulders
- Extreme limitation in standing up, balancing, or using the upper extremities
- Exists for at least three months in a row following injury
Marked Limitation in Physical Functioning
- Confinement to a bed is not required, but limitation must reach the fourth point on a five-point scale of none, mild, moderate, marked, or extreme limitation
- Physical functioning refers to specific motor functioning
- For at least 3 months after the injury
- Affecting one (or more) areas of mental functioning, including interacting with others, concentrating, maintaining pace, or personal management
- Adapting or managing oneself
Even if you don’t meet the criteria under 11.18, you may still qualify under other listings, such as:
- 12.05 – Intellectual Disorder
- 12.08 – Personality and Impulse-Control Disorders
- 2.00 – Special Senses and Speech
The symptoms of your TB, including changes in mental cognition, mood regulation, or personal management can be evaluated among many medical listings.
Additionally, they may qualify based on a combination of impairments that are equivalent to a listed condition.
Legal Help for SSDI Claims Involving Traumatic Brain Injury
According to the Centers for Disease Control and Prevention (CDC), each year, more than 200,000 people are hospitalized in the United States due to traumatic brain injuries (TBI). Many of these injuries have lasting effects that interfere with a person’s ability to work.
Although a TBI can qualify as a disabling condition under the SSA’s Listing of Impairments, navigating the system can be complex. Claims are often denied due to incomplete documentation, technical errors, or misunderstandings of how brain injuries affect functioning.
At Pekas Smith, a traumatic brain injury SSDI lawyer in AZ from our team can guide clients through the application, reconsideration, and appeals process. Our team will ensure that your medical evidence is clear, complete, and supports your right to benefits.
Proving You Qualify for SSDI With a TBI
SSA examiners require objective, detailed medical evidence to approve a claim. Our attorneys can help you gather and organize the necessary documentation, including:
Medical Records and Testing
- Brain imaging: CT scans, MRIs, EEGs
- Neurological and cognitive assessments
- Documentation of your treatment history and response to care
Functional Evidence
- Personal statements detailing your day-to-day challenges
- Testimonies from friends, family, or coworkers
- Evidence showing how your symptoms impact your ability to work, socialize, and complete routine tasks
With claims for Social Security disability for TBI, examiners are especially interested in evidence such as imaging and testing. They will evaluate existing records.
It is not standard practice for Social Security to purchase imaging or diagnostic testing that is complex, risky, expensive, hard to obtain, or invasive.
Experienced Lawyers for TBI SSDI Claims
At Pekas Smith Disability Attorneys in Arizona, we’ve helped over 10,000 clients navigate the SSDI process. We understand how traumatic brain injuries can impact all aspects of life, and how to communicate that impact to SSA decision-makers.
Our SSDI lawyers for traumatic brain injuries can assist you with:
- Initial SSDI applications
- Reconsideration after a denial
- Disability hearings before an Administrative Law Judge (ALJ)
- Appeals beyond the hearing stage, if necessary
Our team takes a compassionate, evidence-driven approach to every case. Contact the team at Pekas Smith Disability Attorneys to speak to a traumatic brain injury SSDI lawyer in AZ today.
Frequently Asked Questions
Does my TBI need to be work-related to qualify for benefits?
However, you must meet work history requirements, meaning you have paid into Social Security for a sufficient period through prior employment. In some cases, younger individuals may qualify based on a parent’s record or under special rules for reduced work credits.
Why are TBI-related SSDI claims often denied?
Common issues that lead to denials include:
- Inadequate medical documentation of cognitive or behavioral impairments
- Missing evidence that shows how symptoms affect your work capacity
- Gaps in treatment or poor compliance with prescribed care
Working with a traumatic brain injury SSDI lawyer in AZ can help you avoid some common issues by building a claim that ties your condition to your inability to work full-time.
Can I still qualify for SSDI if my symptoms are mostly cognitive or behavioral?
If these impairments make it difficult to follow instructions, stay on task, or interact with coworkers, you may qualify for benefits. A traumatic brain injury SSDI lawyer in AZ can help ensure that these symptoms are properly documented and emphasized in your claim.
Do I need an MRI or CT scan to prove I have a TBI?
What’s often more important are neuropsychological evaluations, physician notes, therapy records, and third-party statements. A knowledgeable traumatic brain injury SSDI lawyer in AZ will know how to gather and present this type of evidence effectively.
