The Law Offices of Sheryl Gandel Mazur
North New Jersey: 973-200-6629
South New Jersey: 609-207-7905

Can you recover SSD benefits following a brain injury?

Much like one does not expect to suffer great harms in an accident, one also does not expect to be unable to work because of this serious injury. Unfortunately, however, tragic accidents can happen. People are suddenly and shockingly disabled by a severe injury, such as trauma to the head. Such an injury not only impacts a person cognitively, but a brain injury could also impact a person's ability to move his or her body or control their reflexes.

With regards to Social Security disability, one is able to apply for these benefits after suffering from a TBI. In order to obtain these benefits, one must apply for SSD benefits, providing documentation that proves that he or she meets the definition of this disability.

According to the SSA, one is eligible if his or her disability is characterized in one of two ways. First, he or she has disorganized motor functions in two extremities. This must result in extreme limitation in the ability to stand up from a seated position, to balance while standing or walking or the ability to use the upper extremities. This must be persistent for at least three continuous months following the injury to the head.

The second is having marked limitations in physical functions. This must be in one of the following areas impacting mental functions. This includes the ability to understand, remember or apply information, interact with others, concentrate, persist or maintain pace or adapting or managing oneself. This too must be persistent for three consecutive months following the head injury.

Those living with a brain injury might find it difficult to return to his or her normal life. Such an injury could impact a person significantly, requiring assistance so the financial burdens of the injury do not make it impossible to live. Applying for SSD benefits can be very valuable and necessary. One should become informed with their options and ways to protect their rights in this matter.

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