Abromson & Carey, Attorneys at Law
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Traumatic brain injury and disability benefits

Individuals in Newark may be eligible for Social Security disability benefits for medical conditions such as a traumatic brain injury (TBI). A claimant, however, must meet certain requirements for qualifying for SSD benefits for injury.

A TBI, according to the U.S. Centers for Disease Control and Prevention, is a disruption of the brain from a bump, blow or jolt to the head or from a penetrating head injury. While everyone faces the risk of TBI, children and older adults face a greater possibility of suffering this injury.

Claimants must first meet SSD financial requirements. They cannot earn more than a maximum amount of income for a year. The Supplemental Security Income program also limits income while beneficiaries should have other financial resources to meet their daily needs.

The injury must also qualify as a disabling condition in the Social Security Administration's Blue Book compendium of common disabling conditions. The Social Security Administration (SSA) will also consider all the claimant's symptoms and complications associated with the brain injury. The SSA may then review multiple Blue Book listings to make a disability determination.

If the condition does not match the Blue Book listing, a claimant may be eligible by proving that TBI caused a severe limitation that prevents the person from working. The SSA will make a residual functional capacity evaluation by reviewing the claimant's daily living activities.

Claimants must complete an application and provide substantial medical documentation to support their claim for benefits. An attorney can assist with this application to help assure that this information is complete and meets SSA requirements. An attorney can also help claimants appeal if their initial application for benefits is denied.

Source: Neurological Rehabilitation Institute at Brookhaven Hospital, "Tips on applying for disability benefits with a traumatic brain injury," Ram Meyyappan, Dec. 24, 2013

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