The headaches started three weeks after the accident. Then came the memory lapses—forgetting appointments, losing track of conversations, struggling with tasks that once came naturally. Your doctor says the impact from your accident caused a traumatic brain injury that would affect you for months, possibly years to come.
Social Security disability benefits provide crucial financial support to Louisiana residents with traumatic brain injuries (TBIs). Louisiana disability lawyer Phillip M. Hendry helps injured workers throughout Louisiana and its bordering states, build strong disability claims that accurately reflect the cognitive and physical limitations caused by brain injuries.
Learn how Social Security evaluates TBI claims and what evidence you need can make the difference between approval and denial.
How Social Security Evaluates Traumatic Brain Injury Claims
Social Security recognizes TBI as a potentially disabling condition under Section 11.00, neurological disorders, of the Blue Book of Impairments. The administration considers both the initial injury severity and the lasting effects on your ability to work.
The evaluation process examines several key areas:
- Physical symptoms. Persistent headaches, seizures, balance problems, or motor function difficulties
- Cognitive impairments. Memory loss, concentration problems, speech difficulties, or trouble with problem-solving
- Emotional changes. Mood swings, anxiety, depression, or impulse control issues
- Work-related limitations. Inability to follow instructions, complete tasks, or maintain regular attendance
Your symptoms must prevent you from performing not just your previous job, but any substantial gainful activity. Minor memory lapses or occasional headaches typically won't qualify. Social Security needs evidence that your limitations would interfere with even simple, routine work tasks.
The administration also considers your age, education, and work history. Given your specific limitations, this helps determine whether you could transition to different work. For example, a construction worker with balance problems faces challenges that differ from those of an office worker with memory issues.
Essential Medical Documentation for Your TBI Claim
Building a strong disability claim requires specific medical evidence showing your limitations. Initial injury records establish the severity of your TBI, while records of ongoing treatment show the lasting effects of your TBI. You’ll need to provide:
- Emergency room reports and hospital admission records
- CT scans, MRIs, or other brain imaging results
- Glasgow Coma Scale scores or similar assessments
- Surgical reports, if you needed brain surgery
- Follow-up neurologist appointment notes
- Physical therapy and occupational therapy progress notes
- Medication lists and treatment responses
- Documentation of symptoms that haven't improved
- Reports explaining how test results affect work capacity
Your Louisiana disability attorney can help ensure your medical team provides detailed reports that connect your symptoms to specific work limitations. Vague statements carry less weight than concrete examples of how TBI affects daily activities.
Cognitive Testing in TBI Disability Claims
Cognitive testing provides objective evidence of brain injury effects that might seem subjective or invisible. These assessments measure various mental functions impacted by TBI, creating a detailed picture of your cognitive strengths and weaknesses.
For Social Security purposes, comprehensive neuropsychological testing often proves more valuable than basic medical exams. Cognitive testing must meet Social Security's specific requirements:
- Qualified examiner. A licensed psychologist or neuropsychologist must perform testing.
- Standardized tests. Use recognized assessment tools like WAIS-IV, WMS-IV, or Trail Making Tests.
- Multiple cognitive areas. Tests must evaluate memory, processing speed, executive function, and attention.
- Valid test results. Scores must show consistent effort and be considered valid by the examiner.
- Functional impact. Reports must explain how deficits affect work-related abilities.
- Recent testing. Evaluations must be current, typically within 12 months of your application.
Common Mistakes That Can Hurt Your Disability Claim
Understanding what not to do is as important as knowing the proper steps for your disability claim. Many TBI survivors unknowingly make decisions that complicate their cases, often while dealing with cognitive symptoms that affect judgment and decision-making. To increase your chances of approval, avoid these mistakes:
- Downplaying symptoms during medical visits. If you tell doctors you're doing fine when you're not, your medical records won't support your claim. Always give honest, detailed accounts of your limitations.
- Missing medical appointments. Gaps in treatment raise red flags for disability examiners. Keep all appointments and document valid reasons for any you must miss.
- Attempting work beyond your abilities. While staying active feels positive, pushing yourself to work despite symptoms creates evidence against your claim.
- Posting on social media. Social Security can access social media during investigations, and pictures from good days can misrepresent your typical functioning. Consider limiting posts while your claim proceeds.
- Stopping prescribed treatments. If medications cause side effects or therapies aren't helping, work with doctors to document these issues and find alternatives. Quitting treatment suggests you might not be as limited as you claim.
Getting Legal Help With Your TBI Disability Claim
Traumatic brain injury cases present unique challenges in the disability application process. Symptoms that feel overwhelming to you might seem invisible without proper documentation. Having experienced legal representation ensures your claim includes all necessary evidence.
Louisiana disability lawyer Phillip Hendry has years of experience helping clients with neurological conditions secure SSDI benefits. He knows which medical tests carry the most weight and how to present your limitations. Our office will coordinate with your medical team, gather supporting statements from family members, and handle communications with Social Security. If you're struggling with TBI effects and need disability benefits, don't face this challenge alone.