Social Security Disability for Stroke Patients

Stroke is the leading cause of disability in both the United States and Europe, which means that many victims seek disability benefits from the Social Security Administration for this condition every year. It is important to know that stroke is generally caused by an interruption of the blood flow to the brain, by either a blockage or a bleeding vessel and falls under the hub of Cardiac Disabilities. The sooner the correct treatment is obtained, the less damage will result. However, the disability and damage from a stroke can be devastating. As a result, it can take special assistance from family members to even pursue a disability claim for a stroke victim. If so, there are important steps every claimant or family member should understand.

Determination of Disability Benefits for Strokes

The Social Security Administration (SSA) has standards, which they can apply to anyone making a claim for disability compensation. Those standards are important, but they are not the only factor used to decide if a claim is accepted.

First, it is important to note that no stroke claim can be determined before a three-month deferment has passed. This deferment is the medical period during which medical experts are able to determine the residual effects, or limitations, a stroke victim will suffer. The recovery of every individual can vary according to a patient’s

• Age
• Other medical conditions or complications
• Risk factors

In addition, the claimant will be assessed according to two standards:

Medical vocational allowance – in which it is determined if a claimant is unable to return to their former occupation or another suitable type of work based on the degree of exertion and skills required, their education, and their Age

Meeting the requirements of a listing in the SSA’s impairment listing manual for stroke require that the claimant exhibit:

• Ineffective communication or speech resulting from brain injury or illness
• OR, Continual motor function disorganization or disability in 2 or more extremities leading to impairment of movement or their ability to stand

These evaluations can be made by the SSA according to information from the patient’s physicians, physical therapists, physician’s treatment notes, laboratory reports, imaging or tissue reports, and the SSA’s own evaluation. Once a claimant’s level of residual functional capacity, or RFC, is determined, the initial claim will be granted or denied.

Claim Denials for Strokes

The difficult truth is a high percentage of disability claims are originally denied by the SSA. However, claimants have several options left to them, and many find that their claims are granted in one of the following steps:

1. Submitting the claim for reconsideration – a process which is basically the same as the initial submission
2. Requesting a hearing before an administrative law judge
3. Filing appeals through the court system

Help Of a Disability Lawyer

Clearly, it is a long and stressful process to seek disability benefits through the SSA; however, every claimant would be wise to seek help from an experienced disability attorney. While they are not generally required, especially in the initial states of this type of claim, they can be vital to the success of a claim. Not only can they provide the legal expertise required presenting the evidence thoroughly and effectively, they can be counted on to obtain regular updates from the SSA on the status of a case. In addition, they are familiar with the SSA officials and administrative law judges, providing insight into how best to pursue a case to a positive conclusion.