Traumatic brain injuries can prevent victims from returning to work. Florida workers whose brain injuries render them disabled may apply for Social Security Disability Insurance benefits. Workers who contributed to Social Security taxes during their years of employment are eligible for these benefits. However, there are financial and technical rules that must be met for eligibility.
To qualify for disability benefits, the severity of the brain injury must cause long-term or permanent impairments. The Social Security Administration will need proof of the diagnosis that identifies the type of brain injury, although it classifies all under cerebral trauma after evaluating the disability claim. Even though TBI is the most prevalent of all brain injuries, other types can also qualify for benefits.
The SSA will compare the applicant’s medical records with Blue Book listings to determine eligibility. The listings indicate the different types of disabling conditions and specify what evidence is required to prove disability for each listed condition. Diagnostic evidence that shows the symptoms present in the applicant, along with precise results of evaluations to indicate the severity level of the symptoms will be required to justify the claim that the individual cannot obtain or maintain gainful employment.
Reportedly, it is quite common for about two in every three Social Security disability benefits claims to be denied initially. If this happens, the applicant must go through an appeals process that is quite extensive. The assistance of a Florida attorney with experience in fighting for the rights of disabled workers can be invaluable. A lawyer can help with the preparation, submission and processing of the initial application, and navigate the appeals process if necessary.
Source: bisociety.org, “Social Security Disability Benefits for Brain Injuries“, Jacob Masters, Accessed on Dec. 1, 2017