January 2007
Traumatic Brain Injuries: There May Be Eligibility for Benefits
There are many causes of traumatic brain injuries. People with brain trauma may be eligible for benefits from the Social Security disability or SSI programs.
As with all such claims, the disabling condition must be severe and must have lasted or be expected to last for at least twelve consecutive months. The claims can take well over two years to process and should be filed promptly if there is a possibility the condition will last at least twelve months.
Head injuries and strokes are common causes of brain trauma. Brain trauma is perhaps most accurately measured by a complete neuropsychological testing battery and may also be substantiated by testimony from the claimant and people who have observed behavioral changes and limitations.
Typically, cases involving brain injuries from strokes or accident injuries will be denied at the initial and reconsideration levels of the Social Security process. These denials need to be appealed.
Social Security considers symptoms such as aphasia and problems with tremors, movement, or balance, severe memory and concentration problems, and difficulty completing simple tasks in a timely way. Extreme fatigue is also common and can in itself preclude work. Often symptoms worsen when a person is tired, and speech and physical problems increase.
The psychological effects of brain trauma also are evaluated in terms of personality change, social functioning, motor function, and mood disturbances. Often an IQ test will support a claim that the person can no longer perform complex tasks. If there have been any unsuccessful work attempts since the trauma, this can also be considered as supporting evidence.
People who have had brain trauma often try to present themselves as being as highly functional as possible. It is sometimes difficult to convince them to talk about their average or worst days rather than their best days. Many times it is important to have a relative or friend testify at the hearing about the claimant's actual functional limitations.
