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Long Term Social Security Disability Benefits After a Traumatic Brain Injury

About 2.5 million Americans sustain traumatic brain injuries (TBIs) every year, and about 80,000 of them result in permanent disability. While many TBIs are relatively mild and can be treated quickly, others can be lifelong and devastating. Car accidents, firearm accidents, slips and falls, and sports injuries are the leading causes of TBIs. Often, people in San Antonio who have suffered from a severe TBI have changes in their cognitive and physical capabilities.

People with TBIs who file San Antonio disability insurance claims will have to prove that their head injury will keep them from working. If a brain injury prevents you from working, you may be entitled to social security benefits related to permanent disability for head injury. You need to speak to one of the best disability lawyers in San Antonio if you have suffered a brain injury. The team at Carabin Shaw has helped people like you get the money they needed after their injury.

Social Security Disability Benefits After TBI

People in San Antonio who are struggling to work after a brain injury may be eligible for Social Security Disability Benefits, but there are many factors the Social Security Administration considers when reviewing someone’s application for permanent disability for head injury. Therefore, it can sometimes be difficult to obtain the long term Social Security Disability benefits after a traumatic brain injury. The central question is whether or not the individual can earn a living on their own, or if their injury prevents them from doing so.

Note that there does not need to be an entire loss in the ability to work, but it must be a substantial limitation. This limitation must also have lasted, or be reasonably expected to last, at least 12 months. Disability lawyers in San Antonio can help you file the necessary paperwork to get your claim started today.

Criteria for Disability Under Social Security

The SSA also has predetermined criteria which lay out the definitions of impairment caused by a TBI. If either of these criteria are met, the person is automatically considered disabled and is eligible for disability. These requirements are listed in section 11.18 of Disability Evaluation Under Social Security:

  • Requirement A - Disorganization of motor function in two extremities, resulting in an extreme limitation in the ability to stand up from a seated position, balance while standing or walking, or use the upper extremities, persisting for at least three consecutive months after the injury.
  • Requirement B - Marked limitation in physical functioning, and in one of the following areas of mental functioning, persisting for at least three consecutive months after the injury: understanding, remembering, or applying information; interacting with others; concentrating, persisting, or maintaining pace; adapting or managing oneself.

If you do not meet the above requirements, the SSA will then further evaluate your case to determine whether or not your injury affects your ability to earn an income. The SSA will not focus on whether you can return to your previous job, but whether you can hold any job at all. When working with the SSA, it is always best to have a lawyer on your side.

What to Do After Suffering a TBI

You can file for disability on your own with the SSA, but with the amount of regulation involved, it is best to have an attorney on your side. Nobody should have to file San Antonio disability insurance claims alone. If you have suffered a TBI and believe you are entitled to disability, you need to speak to a lawyer. Carabin Shaw has years of experience helping clients get the disability money they are entitled to. The money from long term Social Security Disability benefits after a traumatic brain injury can be life changing. Our team of seasoned disability lawyers in San Antonio will fight for you. Speak to an attorney today at 210-222-2288.

Visits with the Attorney are by appointment only. Main office San Antonio, Texas.

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