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Receiving SSD benefits for traumatic brain injury in Texas

Texans who suffer a head injury that has led to an inability to work and other problems need to be aware that they might be eligible for Social Security disability benefits for injury. Often, people who have suffered a brain injury might not even realize that they are hurt even though they are not functioning as they normally do and are unsure if there is something wrong. The injury does not have to be clear to the naked eye to be a traumatic brain injury.

TBI is when the brain is damaged from skull fracture, a collision with something external leading to a closed head injury, or when there is an object that penetrates the person's skull and contacts the brain tissue. For people who are not in a coma or vegetative state, it is important to understand the criteria for benefits based on TBI. The Social Security Administration will need to receive evidence from a minimum of three months after the injury to determine if the person meets the requirements.

If the person has a disorganization of motor function in two extremities that results in having extreme limitation with standing up from a seated position, balancing when standing or walking or using their upper extremities for those three months, they can receive benefits. Or if there is a marked limitation in physical functioning plus issues with one of the following: the ability to understand, remember or apply information; problems with interactions; the ability to concentrate, persist or maintain pace; or to adapt and manage him or herself.

There are certain cases in which disability can be determined within three months after the injury. If that is not possible, the decision will be postponed until evidence can be accrued. If it still cannot be decided, the case can be deferred until a minimum of six months after the injury. With TBI that is not obvious, those who are injured might not know that they can receive SSD benefits for an injury to help while they undergo therapy and other treatments. A legal professional can help with seeking benefits.

Source: ssa.gov, "11.00 Neurological -- Adult -- Q. What is traumatic brain injury, and how do we evaluate it under 11.18?," accessed on Jan. 16, 2017

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