A traumatic brain injury, or TBI, can negatively impact the mental, physical and emotional wellbeing of a person. West Virginia residents who have sustained a TBI may be able to obtain Social Security Disability benefits. However, certain conditions have to be present.
The disability decisions that are made by Social Security do not hinge on whether the claimants have a specific medical condition. Instead, the decisions are based on whether the claimants are able to perform even with the limitations that result from the disabling condition.
According to Social Security, a disability is any physical or mental condition that has been determined to be an impairment in the medical sense and that stops an individual from taking part in substantial gainful activity for a year, that will prevent the individual from engaging in SGA level work activity for 12 straight months or that will cause death. The disability examiners who process claims must have the work history of the claimant and medical evidence on file in order to render a disability decision.
For claimants who have sustained a TBI, there must be medical proof, such as lab results and physical examinations. The claimants must also experience substantial functional limitations because of their TBI that makes them unable to engage in any of their previous work or any other work for which they may be qualified.
An attorney who practices Social Security Disability law may assist clients with disabilities, such as those that result from a TBI, with obtaining the benefits for which they may qualify. The attorney might guide clients through the disability claims process and may assist with obtaining the necessary documents needed to verify a disability. If a claim is denied, the attorney may advise clients of their options for appealing the decision and provide legal representation at disability hearings.