Traumatic Brain Injury

Serving the Western United States

Traumatic brain injury (or TBI) is a result of the head being struck by an external force. Injuries can also be caused by movement as well as just a strike to the head; for example, the “whiplash” effect created when a person is movingly rapidly and then abruptly stop is a TBI. Symptoms vary depending on the area of the brain that was affected. Common symptoms include prolonged headaches, nausea/vomiting, and dilation in one or both pupils. Individuals may have trouble speaking and performing tasks if their cognitive skills are affected. The same can be said about the movement of their arms and legs, again depending on where the brain was hurt. Mental disorders may also come as a result.

The headaches that TBI sufferers encounter can be severely debilitating. The resulting conditions (based on where the brain was injured) may limit the person in a variety of different way, as explained above.

Traumatic Brain Injury and Social Security Disability Benefits Help

If the applicant’s impairment falls within any of the following categories set forth by Social Security’s Listing 11.18, then a strong claim may exist. The Listing is as follows;

11.18 Cerebral trauma.

Evaluate under the provisions of 11.02, 11.03, 11.04, and 12.02, as applicable.

11.02 Epilepsy – convulsive epilepsy, (grand mal or psychomotor), documented by detailed description of a typical seizure pattern, including all associated phenomena; occurring more frequently than once a month, in spite of at least 3 months of prescribed treatment. With:

A. Daytime episodes (loss of consciousness and convulsive seizures) or

B. Nocturnal episodes manifesting residuals which interfere significantly with activity during the day.

11.03 Epilepsy – nonconvulsive epilepsy (petit mal, psychomotor, or focal), documented by detailed description of a typical seizure pattern including all associated phenomena, occurring more frequently than once weekly in spite of at least 3 months of prescribed treatment. With alteration of awareness or loss of consciousness and transient postictal manifestations of unconventional behavior or significant interference with activity during the day.

11.04 Central nervous system vascular accident. With one of the following more than 3 months post-vascular accident:

A. Sensory or motor aphasia resulting in ineffective speech or communication; or

B. Significant and persistent disorganization of motor function in two extremities, resulting in sustained disturbance of gross and dexterous movements, or gait and station (see 11.00C).

12.02 Organic mental disorders: Psychological or behavioral abnormalities associated with a dysfunction of the brain. History and physical examination or laboratory tests demonstrate the presence of a specific organic factor judged to be etiologically related to the abnormal mental state and loss of previously acquired functional abilities.

The required level of severity for these disorders is met when the requirements in both A and B are satisfied, or when the requirements in C are satisfied.

A. Demonstration of a loss of specific cognitive abilities or affective changes and the medically documented persistence of at least one of the following:

1. Disorientation to time and place; or

2. Memory impairment, either short-term (inability to learn new information), intermediate, or long-term (inability to remember information that was known sometime in the past); or

3. Perceptual or thinking disturbances (e.g., hallucinations, delusions); or

4. Change in personality; or

5. Disturbance in mood; or

6. Emotional lability (e.g., explosive temper outbursts, sudden crying, etc.) and impairment in impulse control; or

7. Loss of measured intellectual ability of at least 15 I.Q. points from premorbid levels or overall impairment index clearly within the severely impaired range on neuropsychological testing, e.g., Luria-Nebraska, Halstead-Reitan, etc;

AND

B. Resulting in at least two of the following:

1. Marked restriction of activities of daily living; or

2. Marked difficulties in maintaining social functioning; or

3. Marked difficulties in maintaining concentration, persistence, or pace; or

4. Repeated episodes of decompensation, each of extended duration;

OR

C. Medically documented history of a chronic organic mental disorder of at least 2 years’ duration that has caused more than a minimal limitation of ability to do basic work activities, with symptoms or signs currently attenuated by medication or psychosocial support, and one of the following:

1. Repeated episodes of decompensation, each of extended duration; or

2. A residual disease process that has resulted in such marginal adjustment that even a minimal increase in mental demands or change in the environment would be predicted to cause the individual to decompensate; or

3. Current history of 1 or more years’ inability to function outside a highly supportive living arrangement, with an indication of continued need for such an arrangement.

To increase your chances of winning your Social Security Disability claim it is important for you to hire an experienced Social Security Disability attorney to get you the Social Security Disability help you deserve. Please call us at 1-800-882-5500 or fill out a form on our website for a FREE claim evaluation.