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Traumatic brain injury, or TBI, usually occurs after a strong blow or jolt to the head or from a penetrating wound to the head. It results in damage to the brain but can vary in terms of severity – people with milder TBIs may have minor symptoms and recover fully.
But if your TBI causes a permanent, severe impairment that prevents you from working, you may qualify for disability. Here are some potential symptoms of a TBI that could cause disability and prevent you from working, especially if they become permanent:
In most cases, you will need to convince the Social Security Administration (SSA) that you meet the criteria for TBI as a neurological or neurocognitive disorder. If you were injured at work or have some type of disability insurance, you will probably need to get approval from your employer or an insurance company based on the terms of their policy.
In both situations, people often run into difficulties in getting their claims approved for various reasons. A traumatic brain injury lawyer in Salt Lake City can assist you and improve your chances of receiving the disability benefits you deserve.
First, for any disability claim, you will need copies of your medical records and an evaluation by your doctor stating that you have reached Maximum Medical Improvement (MMI) and still suffer from one or more impairments, which are likely permanent. If you’re having trouble collecting your records, your attorney may be able to help.
There are two main categories of disability that the SSA will consider when evaluating your medical records. These documents will need to show at least one of the following:
You’re unable to control the movement of two arms, two legs, or one arm and one leg for at least three months after your injury. This causes you to have “extreme difficulty” balancing, standing, or walking, standing up from a seated position, or utilizing your arms.
As with the previous category, these issues must have existed for at least three months after the injury. There are several possible categories for marked limitation:
Our clients often ask what “marked” means in this context. Sometimes, the SSA may disagree with you and your doctor about whether your symptoms are “marked,” and we may be able to present more evidence to show the severity of your difficulties.
In general, the SSA considers “marked” problems to be worse than moderate but not necessarily extreme. “Worse than moderate” can sometimes be difficult to quantify and prove, but an experienced lawyer will know what type of documentation is most likely to receive a positive response for your particular type of injury.
We’ll talk with you about your issues and ask questions regarding how they affect your life to determine the best way to help you.
In some situations, there is not enough medical evidence to qualify for SSA disability under the previous parameters. We understand that this can be frustrating if you are too impaired to work but not too impaired to receive disability, and we’ll consider other options.
One possible solution is a medical-vocational allowance, an alternative way that some people can be approved for disability.
The SSA will assess your Residual Functional Capacity, or RFC, which is your capacity to perform work with your current physical and/or mental limitations. If your RFC prevents you from doing your present or most recent job, the SSA will consider if you can do other, less taxing jobs instead.
They base this determination on your education, training, skills, and work history. For example, if your current job fixing small computer components requires a high level of hand-eye coordination that you no longer have, you might not be able to do this type of work anymore.
Still, you may be able to do other jobs that don’t require such an intense level of precision.
Should the RFC conclude that you aren’t able to maintain any gainful employment with your current limitations, they may approve you for disability under the Medical-Vocational Allowance. For many people with TBIs, this is the best path to disability approval.
If you are approved for Social Security disability payments (SSDI), the SSA uses complex calculations to determine your monthly payment based on your previous work history (how much you’ve paid in) and previous earnings.
As a result, an older worker who has spent more years paying into the system will probably receive more than a younger worker with a similar salary. However, the amount is not particularly high for anyone – the average benefit in 2023 is $1,483/month.
Your attorney can help you calculate what your monthly payment will be. If it isn’t enough to meet your monthly needs—which is not uncommon—we can recommend other assistance programs.
For example, most Utah residents who qualify for Social Security disability are eligible for medical care through Medicaid, although you will have to fill out a separate application. (Some states automatically enroll SSDI recipients in Medicaid, but Utah is not one of them.) You may also qualify for SNAP assistance with food costs.
While helping you with your disability case, we can also evaluate the situation that led to your TBI to determine if you have grounds for a civil suit. If we find evidence that your TBI was caused by the negligence of another party, you can sue them for damages, including:
You can seek SSDI and file a civil claim. If you win your civil case, it should not affect your SSDI benefits because the SSA doesn’t count a personal injury settlement as income. However, if you are seeking disability benefits through the Workers’ Compensation system because you were injured at work, you will not be able to file a civil suit.
When filing a lawsuit, in addition to providing evidence of your disability, you will also have to show that it was caused by the other party’s negligence. Your lawyer will search for evidence to support your case.
Here are some examples of situations where you may have grounds for a lawsuit:
The above list contains examples of some of the more common situations we see involving TBIs. Even if your injury doesn’t fit into one of these categories, it’s a good idea to speak with an attorney so we can identify any negligent parties.
If you need help with your disability application or have been denied by SSA or an insurance company, please contact Valley Law Accident and Injury Lawyers for a free consultation. We’ll review your claim, answer your questions, and explain the options.
Valley Law was established by lead attorney Brigham Richards. After graduating from Arizona State University’s law school, he devoted himself to helping injured people and their families get the help and resources they need to move forward.
Mr. Richards can serve clients who speak English or Spanish. Work with his expert team today by calling Valley Law at 801-810-9999.
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