Federal Lobbying Initiatives

Change TBI definition to “Cognitive Disability in the American’s with Disabilities Act 1990

According to the language of the Americans with Disabilities Act (ADA) of 1990, a traumatic brain injury (TBI) is categorized as an “intellectual disability.” Historically, this term was associated with “mental retardation,” from 1994 with the DMS IV this is now referred to as “developmental disability.”

Identity of  the “Intellectual Disabled”.

The Developmentally Disabled represent over 6 million Americans. Developmental disabilities are typically congenital or occur during early life, with onset defined as occurring before the age of 18. However, this classification presents a significant challenge when applied to TBI survivors. The classification implies that TBI survivors lack the intellectual ability (IQ) to comprehend their environment, which influences societal perceptions and interactions.

The Harm of  the use of “Intellectual Disabled” to describe TBI Survivors

This misclassification may lead others to underestimate their IQ and related abilities:

• Low expectation of an ability to complete tasks
• Ability to comprehend forms and questionaires
• Low placement in academic environments (not mainstreamed)
• Poor matching of rehabilitation services (DARS misunderstanding the TBI survivor’s intellectual skills and capabilities)
• 1% of individuals with intellectual disabilities were employed,

(Institute on Disability at the University of New Hampshire, https://cbcidd.com/adults-with-intellectual-and-developmental-disabilities-and-employment) Employers are reluctant to offer accommodations.

• Working-age adults (ages 21-64) with intellectual disabilitieover 28% having never held a job.
• legal and financial institution ask for a co-signer or guardian to sign the transaction.

These insults resulting in condescending behavior – poor access to caliber employment, rehabilitation, housing, and daily tasks.

TBI survivors face significant challenges:

• long-term disability
• loss of employment
• housing instability
• erosion of social and familial support

These compounding factors contribute to high rates of depression and, in some cases, suicide among TBI survivors.

TBIRA Recommendation                                                                                                                                          Traumatic Brain Injury Recovery Association (TBIRA) advocates for reclassifying TBI as a “cognitive disability” rather than an “intellectual disability.” This terminology more accurately reflects the cognitive challenges faced by TBI survivors, such as deficits in information processing, memory (both short-term and long-term), concentration, problem-solving, language, and speech. Importantly, TBI survivors retain their intellectual knowledge and learning potential, which is distinct from the developmental limitations associated with other intellectual disabilities.

TBIRA emphasizes the need to “Protect Intellect” and promote awareness of the unique challenges, and recovery potential of TBI survivors to foster a more accurate understanding and equitable treatment.