Can I get disability benefits if I have a traumatic brain injury?

Qualifying for Disability Benefits After a Traumatic Brain Injury

Simply understanding the disability requirements is often a battle all by itself. It’s an extremely complex process that rarely results in approval on the first try, and frequently involves multiple appeals.

So. let’s answer the first big question clients typically have. Yes, in many cases, suffering a TBI means you likely qualify for Social Security Disability Insurance (SSDI). However, whether you’re eventually approved for benefits depends on the specifics of your injury and any corresponding symptoms.

For any chance at successful approval from the Social Security Administration (SSA) you need to prove that you suffered a TBI and show how it impacts your life. With a brain injury, it’s also crucial to provide adequate medical evidence that your symptoms are expected to remain long-term or become permanent.

Traumatic brain injuries often exhibit a broad spectrum of symptoms, which is why the SSA usually demands thorough documentation. For instance, you may need records from doctors or therapists showing:

Anxiety or depression

Brain fog and confusion

Chronic pain

Cognitive impairment

Emotional impact/mood swings

Inability to concentrate or maintain focus on specific tasks

Language and speech difficulties

Memory loss or impairment

Mobility problems

Persistent symptoms like headaches and nausea

Seizures

Sensory sensitivities (such as an aversion to light, sound, and scent)

Vision issues

Of course, an experienced Virginia TBI attorney is often extremely useful in this regard. An investigation into the cause of the accident for a personal injury lawsuit already requires gathering all that specific evidence.

Traumatic Brain Injury Costs May Exceed Disability Coverage Alone

The unfortunate truth is that the fixed income provided by disability may not even be enough to cover all your needs after a traumatic brain injury.

This is often a major concern if you require at-home accommodation, round-the-clock care, or expensive occupational or physical therapy. Because of the serious nature of a brain injury, it’s also possible you could need additional medical care in the future, such as follow-up surgery.

People living with brain injuries also frequently encounter challenges when attempting to resume employment, for instance, resulting in a significant loss of income.

If your bills are piling up after a negligent driver or property owner caused your TBI, you shouldn’t be left on the hook for all the costs. An attorney should be a part of the recovery process to help you pursue the fair compensation you deserve.

The good news is that a skilled Virginia traumatic brain injury attorney can:

Determine who’s liable for your damages, such as a driver, business or homeowner, employer, trucking company, and other entities.
Gather the evidence necessary to pursue damages through a personal injury lawsuit, such as medical records, video footage, witness statements, and so on.
Negotiate with insurance and help you avoid common tactics used by insurers to reduce your settlement.
Place a specific value on your traumatic brain injury accident damages covering elements like lost income, medical costs, and pain and suffering.
Take the pressure off by handling the legal side of your recovery within the tight deadlines set by state and federal law.

Have You Or A Loved One Suffered A Traumatic Brain Injury In Virginia?

If you believe you or a loved one suffered a TBI, an experienced traumatic brain injury lawyer can help you focus on recovery instead of fighting a complex battle against an insurance company and the people who caused the injury.

The passion of The Mottley Law Firm is protecting the legal rights of clients who have suffered life-disrupting brain injuries. No matter where you are in Virginia, we want to hear from you. Contact us online or call our Richmond office at (804) 409-0876 to schedule your free consultation.

We welcome clients throughout Virginia, including the communities of Bon Air, Glen Allen, Highland Springs, Laurel, Mechanicsville, Short Pump, and Tuckahoe.

We also have the ability to handle personal injury cases across the United States with appropriate local counsel admitted in the jurisdiction. Schedule your confidential consultation today.

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A Unique Focus On Traumatic Brain Injuries

My focus on representing TBI survivors is also unique. Most personal injury lawyers cast a very large net. They pursue, and will gladly accept, any case (large or small) that falls under the general “personal injury” heading. You can spot these practices by looking at their websites and clicking on the “practice areas” drop-down list. What you will see are many practice areas, only one of which will be “traumatic brain injury.” Think of these firms as the Wal-Mart Supercenters of the personal injury lawyer world. Wal-Mart has at least one of everything. The same can be said of most personal injury firms. They handle everything.

Nothing is wrong with such retail personal injury practices. My point is not to criticize that “generalist” approach to personal injury law. My point is simply to illustrate that my practice is different, just like a small nursery selling 20 different types of specialty garden hoses is different than a Wal-Mart selling one type of garden hose. Just like the nursery, I focus on one type of personal injury case – the traumatic brain injury case – and one type of client – the traumatic brain injury survivor.