Is Traumatic Brain Injury Considered a Disability?
Is traumatic brain injury considered a disability? Learn how TBI can qualify for Long Term Disability and how a TBI Long Term Disability attorney can help you pursue the benefits you deserve.
A traumatic brain injury (TBI) can be life-changing. Whether caused by a car accident, fall, or sports injury, TBIs often result in long-lasting physical, cognitive, and emotional challenges. But is traumatic brain injury considered a disability, especially when it comes to receiving benefits under a Long Term Disability policy?
In this post, we will explain how TBIs are evaluated by insurance companies, what makes them uniquely challenging to prove, and why working with an experienced TBI Long Term Disability attorney can make all the difference.
What Is a Traumatic Brain Injury?
A TBI is typically caused by a sudden injury to the head that disrupts normal brain function. These injuries can range from mild (like concussions) to severe, where symptoms can be permanently disabling. Common causes include:
Car accidents
Falls
Workplace incidents
Sports injuries
Physical assaults
While some people recover quickly from a mild TBI, others experience persistent symptoms like headaches, confusion, memory loss, mood swings, fatigue, and difficulty concentrating—issues that can seriously impact the ability to work or function day-to-day.
Does TBI Qualify For Long Term Disability?
Yes, a traumatic brain injury can qualify for LTD. Both private Long Term Disability insurance policies and the Social Security Administration recognize that TBI can impair someone’s ability to maintain employment.
Because symptoms like cognitive dysfunction or emotional regulation issues may not be outwardly visible, people with TBI often face unfair skepticism, especially from insurance carriers.
To qualify as a disability under most Long Term Disability policies, you must prove that your condition prevents you from performing the normal duties of your occupation (or any occupation, depending on the policy’s definition). This is where documentation becomes critical.
TBI and Long Term Disability Benefits
Filing for Long Term Disability benefits after a TBI can be a complicated process. Insurance companies often demand detailed medical evidence and may claim your condition is “subjective” or based on self-reported symptoms. This is why it is essential to support your claim with:
Neuropsychological evaluations
Brain imaging (e.g., MRIs or CT scans)
Reports from neurologists, therapists, and treating physicians
Evidence of functional limitations, including work performance records
Because TBI symptoms can fluctuate or worsen over time, your documentation should reflect ongoing struggles and the likelihood of continued impairment.
Why You Might Need a TBI Long Term Disability Attorney
Insurance providers frequently deny or terminate claims related to traumatic brain injuries, even when the condition is clearly disabling. If you are struggling with the application or appeals process, a TBI Long Term Disability lawyer can help by:
Ensuring your application includes the right medical evidence
Filing appeals and negotiating with the insurance company
Protecting you from common insurer tactics meant to undermine your claim
The team at Herbert M. Hill, P.A. has extensive experience representing individuals with TBIs and other complex disabilities. We understand the nuances of Long Term Disability law and advocate fiercely on behalf of our clients.
What to Do if Your TBI Long Term Disability Claim Is Denied
If your claim has been denied, it is essential to remain calm while also taking prompt action. The timeline for appealing begins immediately upon receipt of your denial letter. Failing to adhere to deadlines may jeopardize your right to appeal the decision.
Here are your next steps:
Review your denial letter carefully.
Consult a TBI Long Term Disability attorney to assess your options.
Gather additional evidence to strengthen your case.
File your administrative appeal before the deadline expires.
An experienced attorney can take the pressure off and guide you through every step of the appeals process.
Is Traumatic Brain Injury Considered a Disability?
Yes—especially when it prevents you from working or performing daily tasks. However, proving it to an insurance company is another matter entirely.
If you or a loved one is living with the effects of a TBI and struggling to obtain Long Term Disability benefits, you should not have to fight the system alone.
Contact us today for a free consultation with a knowledgeable TBI Long Term Disability lawyer who will advocate for the benefits you deserve.
