| I am frequently asked whether someone with a | | | | physical and/or mental limitations, reports from any |
| Traumatic Brain Injury can get Social Security disability | | | | Consultative Examinations scheduled by the Social |
| benefits. The answer is YES, depending on the | | | | Security Administration and your testimony at the |
| specific facts of each case. Social Security disability | | | | hearing before an administrative law judge. The Social |
| benefits are not awarded based solely on a diagnosis. | | | | Security administration will consider whether you are |
| The key to getting these benefits is to prove that your | | | | capable of returning to any of the jobs that you most |
| limitations are severe enough to prevent you from | | | | recently held or any other type of work. This |
| working on a full-time basis. | | | | determination of disability does not consider whether |
| Social Security has a very specific definition of | | | | you could earn the same amount of money in other |
| disability. I talk to many clients who believe that | | | | types of jobs. This determination is based solely on |
| because they are unable to return to their specific job | | | | your physical and/or mental capabilities. |
| they will automatically be found disabled by the Social | | | | I am also frequently asked whether there is some |
| Security Administration. This is not true. | | | | type of "partial disability" award. The answer is NO. For |
| The definition of disability that applies to Social Security | | | | Social Security purposes your condition must be totally |
| claims is: | | | | disabling for at least 12 months. However, you can still |
| "The inability to do any substantial gainful activity by | | | | receive benefits if your condition improves and you |
| reason of any medically determinable physical or | | | | return to work. This is called a "closed period" and |
| mental impairment which can be expected to result in | | | | means that you were unable to work on a full time |
| death or which has lasted or can be expected to last | | | | basis for at least 12 months but have now recovered |
| for a continuous period of not less than 12 months. To | | | | and can return to work. For example, if you are injured |
| meet this definition you must have a severe | | | | in a serious car accident you might require ongoing |
| impairment(s) that makes you unable to do your past | | | | therapy for 18 months. After that period you may be |
| relevant work or any other substantial gainful work | | | | able to return to work. You can still qualify for Social |
| that exists in the national economy." 20 C.F.R. | | | | Security disability benefits for that 18 month period. You |
| §404.1505 | | | | would not receive ongoing monthly benefits, however, |
| What does this really mean? Basically, your medical or | | | | once you can return to work. |
| psychiatric condition must be so severe that it keeps | | | | Medical evidence of your physical and/or psychological |
| you from doing any type of work on a full-time basis | | | | limitations is the key to getting disability benefits. If you |
| and has already lasted for 12 months or longer, or is | | | | have been unable to work for at least 12 months or |
| expected to last that long. The determination of | | | | anticipate that you will be unable to work for that long |
| disability is based on the information in your medical | | | | you may qualify for Social Security disability. So, if this |
| records, reports from your treating doctors about your | | | | describes your situation you should apply right away. |