Get Social Security Disability & SSI: Brain Injury & Damage

Winning Your Case

If you have suffered a brain injury or brain damage, you will be entitled to Social Security disability and SSI benefits if you meet –

1. The Non-Medical Criteria, and
2. The Disability Criteria.

You meet the disability criteria if –

1. You are familiar with Social Security’s assessment of a brain injury (covered on this page)
2. You satisfy an appropriate Social Security Listing (also this page) or you have disabling Functional Limitations (covered on the next page), and
3. You Submit Winning Evidence (covered on the page after the functional limitations page).

Brain Injury, Brain Disease, & Brain Damage

Common Social Security Case

Brain injury and brain damage Social Security and SSI disability cases are routinely decided. Nearly all of these cases are allowed at the initial or reconsideration levels if there is proper documentation of the injury and there are resulting severe symptoms.

Types of Brain Injuries

There are three types of brain injury’s – a traumatic brain injury (TBI), an acquired brain injury (ABI), and congenital brain damage. A TBI is cellular brain damage caused by an external force such as forcefully hitting your head. A TBI commonly results in skull fracture, cerebral contusion (brain bruise), brain hemorrhage (bleeding), and hematoma (collection of blood or blotted blood). An ABI is cellular brain damage caused primarily by excessive pressure on the brain such as a tumor, oxygen deprivation such as a stroke, disease such as multiple sclerosis, or poisoning such as alcohol and drugs. Congenital brain injuries occur prior to birth primarily due to forceful trauma, oxygen deprivation, disease, or poisoning.

Symptoms

In all cases, a brain injury causes some degree of abnormal brain functioning. Symptoms vary widely, and they can be physical, cognitive, or behavioral. Physical symptoms most commonly include headaches; dizziness; speech, and vision dysfunction; physical weakness; muscle atrophy; and paralysis. Cognitive symptoms include reduced ability to concentration, remember, process information, and use judgment. Emotional symptoms most commonly include depression and anxiety.

Diagnosis

It is critical in a Social Security disability case that you have a proper diagnosis of your brain injury which is primarily made by CT scan or an MRI of the brain. If you suffer physical symptoms, a diagnosis is also made by EMG testing, and a doctor examination (mainly neurological). If you suffer cognitive symptoms, you must undergo a neuro-psychological evaluation to diagnosis a cognitive impairment as Social Security will not generally rely on your statements about your cognitive deficits. This evaluation primarily determines your full-scale IQ, your memory functioning, and your academic functioning. If you suffer emotional symptoms, a diagnosis must be made by a mental health professional.

Treatment

Treatment varies widely depending on the symptoms suffered – physical, mental, or behavioral/emotional. Physically, treatment is typically physical, occupational, speech, cognitive, psycho, or vision therapy; pain medications; and head or brain surgery. Mentally and emotionally, treatment usually includes mental health counseling. Although, some do not get treatment at all. If you have received treatment, Social Security will look to see if you have had medical improvement to determine your functional abilities. It is common that after a brain injury, functioning does improve with treatment.

The Social Security Brain Injury/Damage Disability & SSI Listings

General Brain Injury/Damage Listings

At Step 3, the general listings applicable to a brain injury are Adult Listing 11.18 and Child Listing 111.18. An adult meets the listing if they meet sections 1 or 2, and a child only need meet section 1.

1. For a period of three months or more after the TBI, one has an extreme reduction of use in both arms or both legs; or
2. For no less than three months after your TBI, one is markedly impacted physically and also mentally in one of the following mental areas of function –
   1. Mental functioning,
   2. Relating to other persons,
   3. Keeping an appropriate work rate, or
   4. Maintaining proper behavior at your job.

Other Related Social Security Listings

Cognitive Impairment. If you suffer from a cognitive impairment, a review and the appropriate listings can found here: Here – Intellectual Disorders

Emotional Impairment. If you suffer from an emotional impairment (depression, anxiety, and PTSD are most common), reviews and the appropriate listings can be found here: Depression, Anxiety, and PTSD.