Brain Injuries Social Security Disability Lawyer

If you or a loved one is suffering from the long-term effects of a traumatic brain injury (TBI) or other brain-related condition, you know how drastically life can change. When a brain injury is so debilitating that you can’t work, Social Security Disability benefits may be essential to your financial security and peace of mind. 

However, the application process can be frustrating, complex, and often overwhelming. That is where the Social Security Disability attorneys of Pond Lehocky Disability can help. Our lawyers know how to build strong, evidence-based claims that reflect your hardship. 

What Is a Traumatic Brain Injury?

Traumatic Brain Injury (TBI) is a form of brain dysfunction caused by an external force, typically after a blow or jolt to the head. Think car accidents, falls, sports injuries, or assaults. When we are talking about mild TBI, we are really talking about concussions. 

In more severe cases where there is moderate to severe TBI, there are more serious, long-term or life-long problems that are not only more serious but also tend to be more costly. 

Does a Brain Injury Qualify as a Disability?

It depends. Any person who is disabled by a medical condition that prevents them from working and meets certain eligibility requirements may apply for and potentially receive SSDI benefits.

Your eligibility for Social Security Disability benefits will depend on the severity of the condition, the duration of the TBI, and how it impacts your ability to work. Here are some common TBI symptoms that can support a disability claim:

• Disorganization of motor function, like inability to walk, stand, or use your hands effectively
• Memory problems
• Difficulty concentrating or processing information
• Mood swings or personality changes
• Fatigue and sleep disturbances
• Headaches, dizziness, or balance issues
• Seizures
• Sensory problems (e.g., vision or hearing loss)
• In severe cases, longer loss of consciousness (minutes to hours), slurred speech, weakness in limbs, personality changes, or coma. 

This list is not exhaustive, and if you have questions about qualifying conditions, please contact our Social Security Disability attorneys to talk about your story. The consultation is free, and there are no fees unless you win. 

What Is the Most Common Cause of Brain Injuries?

Falls lead to nearly half of TBI-related hospitalizations, while motor vehicle accidents and assaults are other common culprits of TBI. Sadly, firearm-related suicides account for the most TBI deaths in the United States. Not surprisingly, people aged 75 years and older have the highest rates of TBI-related hospitalizations and deaths. 

Can You Recover from a Brain Injury?

This is case-specific. While some individuals may experience temporary impairments after a TBI, others may face long-term or permanent challenges. If you or a loved one’s impairments persist and significantly impact your ability to perform daily activities, it may be considered a disability. 

TBIs are often categorized as mild, moderate, or severe. Mild TBIs, such as concussions, may not necessarily lead to long-term disability, while more severe conditions may result in more significant impairments. 

How Do You Qualify for SSD Benefits for a Brain Injury?

The Social Security Administration needs both medical and non-medical evidence (signs, symptoms, and laboratory findings) to assess the effects of your neurological disorder. It is crucial to have a professional medical diagnosis. Healthcare providers can evaluate the extent of the injury, its impact on functioning, and the expected prognosis. 

Your age, education, and work history are also considerations, as well as your residual functional capacity (RFC), which measures what you can still do despite the injury. 

Applying for SSD Disability Benefits for a Brain Injury

Time is of the essence when applying for benefits, as there is a waiting period. You can apply for benefits online or by calling the SSA. The agency has a helpful Disability Starter Kit that provides information about the specific documents and information you will need to gather. 

We strongly advise not to go it alone. Working with an attorney when applying for SSD benefits can improve your chances of being approved, especially in instances of brain injuries involving complex medical and functional issues. 

What Do You Do if Your Brain Injury SSD Claim Was Denied?

A staggering amount of SSD claims are denied at first, but that does not mean your case is over. If the determination was unfavorable, you have recourse. 

• Reconsideration: You can begin anew by having another claims reviewer look at your claim. This is initiated by filing Form SSA-561 (Request for Reconsideration) or Form SSA-789 (Request for Reconsideration – Disability Cessation). 
• Administrative law judge hearing: If your claim is still denied or you feel that you did not receive enough money, an administrative law judge can review the decision. 
• Appeals Council review: If, by this point, you receive another adverse decision from an administrative law judge, the Appeals Council can then decide on your claim. 
• Federal court: As a last resort, you can file a lawsuit in U.S. District Court. 

Keep in mind that deadlines during this process are unforgiving, so you’ll have to pay attention to your due dates. Generally speaking, claimants fare better on appeal with the assistance of lawyers who understand the intricacies of the SSA’s system. 

How Can a Brain Injury Lawyer Help Your Case?

We understand the lasting impact of brain trauma on daily life and the ability to work. Having the lawyers of Pond Lehocky Disability on your side will reduce your stress and allow you to focus on medical care, rehabilitation, and recovery. 

We know the system, and we have the fighting spirit you need to ensure your case gets the attention it deserves and keeps your claim moving. 

Contact Pond Lehocky Disability for Help Today with Your Brain Injury Claim

Pond Lehocky Disability is dedicated to ensuring that you receive the maximum compensation possible for your pain, suffering, and medical bills. With over 250 years of combined experience and a track record of over 100,000 successful cases, our expert attorneys are more than qualified to represent you.

To schedule a free, no-obligation consultation with our legal team, call 1-800-568-7500 or fill out our contact form today.