A stroke can change your life in drastic ways. If one of those ways is that you can’t return to work, you may be asking, “Does a stroke qualify for disability?” The answer is yes, in many cases.
At Ryan Bisher Ryan & Simons, we are in the business of helping people obtain the disability benefits they deserve. Our partner, Philip Ryan, has handled SSDI and SSI claims for almost 30 years and has represented clients in over 5,000 SSDI hearings. Call our office today for your free consultation to discover how we can help you pursue the disability benefits you need.
What Is a Stroke?
An ischemic stroke is caused by a blood clot that prevents blood from flowing into the brain. A ruptured blood vessel in the brain results in a hemorrhagic stroke. A mini-stroke, called a transient ischemic attack, is caused by a temporary blood clot.
A stroke is a medical emergency. When a blood vessel carrying oxygen to the brain is blocked by a blood clot or ruptures, the brain is deprived of the blood and oxygen it needs. Brain cells die.
The warning signs of a stroke include the following:
- Trouble with balance
- Double or blurry vision
- Confusion
- Dizziness
- Severe, sudden headaches
- A droop on one or both sides of the face when smiling
- Inability to raise both arms without one drooping
- Slurred speech
Is a Stroke a Disability Under Social Security Disability Rules?
Is a stroke a disability as far as the Social Security Administration is concerned? Yes, in some cases. Stroke falls under Section 11.04 of the Blue Book, under Central Nervous System Vascular Events. The effects of the stroke must last at least three months for you to qualify as disabled. Additionally, you must show the following:
- Your speaking or writing ability has been lost altogether or is severely impaired because of your stroke, and you cannot communicate or follow one-step instructions.
- You’re unable to coordinate or control the movements in two extremities, either arms or legs, which leaves you unable to perform essential functions, such as balancing while walking or standing from a seated position.
- You have a “marked limitation” in both physical and mental functioning, and you have trouble adapting to changes, interacting with others, understanding information, and concentrating on tasks.
If you cannot meet these criteria, you may also qualify under Listing 2.0, “Special Senses and Speech.” If your stroke left you with any of the following issues, you may qualify as disabled:
- Loss of central vision acuity
- Contraction in the visual field in the better eye
- Loss of visual efficiency in the better eye
- Loss of speech to the extent that you cannot be understood by others, even with an assistive device
Does a Stroke Automatically Qualify You for Disability?
Does a stroke automatically qualify you for disability? If you meet the qualifications outlined in Listing 11.04, yes. If you don’t meet those requirements, though, you don’t automatically qualify. You’ll have to prove you’re eligible for benefits under another Listing or that the totality of all your physical conditions, such as diabetes, obesity, or cardiovascular disease, makes you “disabled.”
Further, you could qualify as disabled if you cannot work after your stroke. The SSA will review your daily activities and medical records to assess your residual functional capacity (RFC). They’ll look for information about physical and mental limitations that could affect your job performance. Your RFC would include information about whether you need assistive devices, whether you can work continuously or need rest breaks, or if you find it difficult to follow simple instructions.
The SSA will compare your RFC with your prior jobs to determine whether you could still perform them. If not, they’ll look for other work you could perform with your limitations. They’ll take your age and work history into account. If they find no jobs you’re suited for, you’ll qualify for disability.
What Disability Benefits Can You Get After a Stroke?
SSA stroke disability benefits come in two forms: Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI). To be eligible for SSDI benefits, in addition to meeting the Blue Book Listing criteria, you must be unable to work for a year or more because of your disability. Additionally, you’ll need a specific number of work credits that you earned while paying Social Security payroll taxes. The required number depends on your age and when your disability began.
Eligibility for SSI benefits is based on financial need and is subject to income and asset limits. In a recent year, the SSI income cutoff was $2,073 per month from work, and the asset limit was $2,000 for an individual and $3,000 for a couple.
In a recent year, the average SSDI benefit for disabled workers was $1,633.19. The average SSI benefit for that same year was $714.53.
Applying for SSDI and SSI Disability After a Stroke
You can apply for SSDI or SSI online or by calling 1-800-772-1213 to set up an appointment to apply for benefits. You’ll need documentation to support your claim, which should include the following:
- A written chronology of your medical history
- Results of imaging and diagnostic tests like X-rays, CT scans, MRIs, and EEGs
- Hospital records for inpatient stays or emergency room care
- Your physician’s or neurologist’s records documenting the long-term or permanent effects of your stroke, both physical and cognitive
- Therapy records, including speech, occupational, and physical therapy treatments
- A list of prescription medications you have taken and how they affected you
- An RFC form completed by your doctor
What if I Don’t Qualify?
If you don’t qualify for SSDI under a specific listing, you may be able to use the totality of your medical conditions to meet the requirements under other listings. Failing in that, you can still obtain benefits with a residual functional capacity assessment. A seasoned disability lawyer can advise you on your best chance to file a successful disability application.
Contact Our Oklahoma Disability Lawyers for Help
Don’t try to file your disability claim on your own. More than 60 percent of initial disability applications are denied. Here at Ryan Bisher Ryan & Simons, we handle disability cases every day. Our lawyers know what evidence to submit to strengthen your application, and we can appeal denied applications within the required 60 days.
When you need disability benefits, don’t try to fight the system yourself. Leave all the work to us. Call or contact our office online today to get started with your free, fully confidential consultation and discover what we can do for you.
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