Disability Benefits for Stroke Victims

Strokes are caused by either a blocked blood vessel or hemorrhage in the brain. In either case blood flow is decreased or stopped to the brain causing it significant injury. Some people are able to recover from the effects of a stroke but others are left with lifelong disabilities. Stroke victims may lose the ability to communicate, have significant trouble with walking and balance and may experience damaged vision.  

Can I Get Disability for My Stroke?

To qualify for disability for your stroke the Social Security Administration must first make several basic determinations:

• You may not earn more than $1,010 a month (referred to as Substantial Gainful Activity or SGA).
• Your disability must last at least 12 months.
• Your disability must be “severe” (have at least a minimal impact on the ability to perform your work related activities).

Once the SSA has established your initial eligibility, it must next determine whether your stroke meets or equals one of the conditions established in the Listing of Impairments. If your stroke meets or equals a Listing you will be automatically approved for disability.

Listing 11.04 Central Nervous System Vascular Accidents

Strokes are a qualifying condition under Listing 11.04. To be automatically approved under Listing 11.04 you must show that you have suffered one of the following complications for more than three months following your stroke.

• Difficulty with spoken or written communication, understanding what others have said or remembering the names of familiar objects, or
• Complete or partial paralysis or the uncontrollable movement of two extremities (arms and legs) that makes it difficult to walk or use your hands.

Because the listing requirements are complex, you should review your symptoms with your treating physician to see if you qualify. 

Listing 2.00 Special Senses and Speech

Some stroke victims suffer significant damage to their vision as a result of their stroke.  Your ability to speak and be understood may also be significantly affected. If you experience either of these complications you may automatically qualify for disability under Listing 2.00. There are several ways to qualify under Listing 2.00; you must meet only one of the following requirements.

• Your corrected (with glasses) vision in your better eye must be 20/200 or less.
• You suffered significant loss in your visual field.
• Your visual efficiency in your better eye is 20% or less with glasses.
• You no longer have the ability to speak and be understood by others even with an assistive device.

What If My Stroke Doesn’t Meet the Disability Listing Requirements?

Even if your stroke doesn’t meet the severity requirements of the Listing, you may still be approved. At this stage, the SSA must determine whether you can do your old job, despite your stroke. If it believes you can do your old job despite your stroke, your claim will be automatically denied. If the SSA believes your stroke prevents you from doing your old job, it will next determine if there is any other work you can do. To establish whether there is any other work you can perform despite your stroke, the SSA will consider the combined effects of your age, education, past work experience, and documented work related limitations. 

At this stage, you must provide the SSA with a Residual Functional Capacity (RFC) assessment. An RFC is a detailed report prepared by your treating physician that details the limitations your stroke has created in your ability to perform basic work related activities. For example, if you are prescribed a walker or cane, this should be reported in your RFC. If your memory is impaired because of your stroke and it has become difficult to remember and follow simple instructions, this should be discussed in your RFC. Also, if your stroke has caused significant weakness and you now are required to rest throughout the day, your RFC should reflect this as well. It is important that your doctor be able to support any allegations of your work-related limits with objective medical evidence. If you can prove that because of your stroke, there is no work you can do your claim will be approved.

Learn more about how the SSA uses RFCs to decide whether you are disabled.