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Effects of a Severe Traumatic Brain Injury TBI Can Support a Claim for Disability for Social Security Benefits


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1/14/2016
John L. Keefe
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As Boston Social Security disability lawyers, we deal with victims of severe traumatic brain injury (TBI). The effects of this type of injury are often disabling, making it necessary for the government to step in and help those who can no longer work. This is why the SSA disability system exists. Unfortunately, applying for benefits can be confusing and frustrating, and it can take months or even years for individuals to finally begin receiving disability benefits.  

To get your Social Security disability claim approved, you must be able to prove that major aspects of your daily life have been affected. Because a TBI has a great range of effects, it appears under two categories of the SSA’s “Listing of Impairments”: neurological and mental. 

According to the SSA, the mental impairments associated with TBI damage are subject to more variation than are the neurological impairments, which can cause a delay in approving your claim. Here is a summary of what the SSA says:

  • Neurological impairments “will stabilize more rapidly than any mental impairment(s).”
  • Mental impairments “may appear to improve immediately following TBI and then worsen, or, conversely, it may appear much worse initially but improve after a few months.” 
  • In some cases “evidence of a profound neurological impairment is sufficient to permit a finding of disability with 3 months.” 
  • If that is not possible, “we will defer impairments at 3 months post-injury.”
  • And, finally, “if a finding of disability is still not possible at that time, we will again defer adjudication of the claim until we obtain evidence at least 6 months post-injury.” 

Six months—or more—may be just too long for many to wait, as bills roll in and the costs of living continue to pile up. For this reason, you may want to consider hiring a Social Security disability lawyer to help you apply for benefits. 

At Keefe Disability Law, we are able to make sure your application is complete and accurate. We know what the SSA disability examiner requires and can be sure the initial application will have the best chance possible of succeeding in the least amount of time. Please call us today, toll free, at 888-904-6847 for a free case consultation. 



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