How does the law define “disability” for a brain injury case?

In Arkansas, the law defines “disability” for a brain injury case as an injury that has lasting physical, psychological, or intellectual impairments. The injury must have an adverse effect on the patient’s ability to perform daily activities or work. It must also have lasting effects on the patient’s capacity for self-care, education, social, or occupational activities. The Arkansas Brain Injury Act defines an individual with a disability as anyone with a substantiated medical or psychological diagnosis of traumatic brain injury (TBI), acquired brain injury (ABI), or brain injury-related impairment that is expected to last for at least a year and that significantly impairs cognitive, physical, communicative, behavioral, or social functioning. The Arkansas Department of Human Services provides comprehensive services to individuals with disabilities. These services include services to help the individual integrate into the community, educational or vocation services, and medical services related to the individual’s disability. In addition, in order to be eligible for services, an individual must provide documentation from a licensed medical professional that confirms the diagnosis of TBI, ABI, or brain injury-related impairment. This diagnosis must be substantiated by signs, symptoms, and physical findings. In summary, the law in Arkansas defines “disability” for a brain injury case as an injury that has lasting physical, psychological, or intellectual impairments that impact the individual’s ability to perform daily activities or work, and that is expected to last for at least a year. Documentation from a licensed medical professional must be provided to confirm the diagnosis. Services are provided through the Arkansas Department of Human Services.

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