Strokes are the leading cause of long-term disability in the United States. They can occur at any age.
People with a disability caused by a stroke that prevents them from continuing to work and earn a living may secure financial relief through Social Security stroke disability benefits. The disability attorneys at the Clauson Law Firm have helped many stroke survivors in North Carolina and throughout the nation secure the Social Security Disability benefits they need and deserve when their lives have been disrupted by a stroke.
Stroke disability overview
Strokes are medical emergencies that occur when blood flow to part of the brain is interrupted. The loss of blood denies oxygen and nutrients to brain cells. The result can be damage to the brain, death, or long-term disability.
The two types of strokes derive their names from the cause of the interruption of blood flow to the brain:
· Ischemic stroke caused by the blockage of a blood vessel by a blood clot.
· Hemorrhagic stroke caused by a blood vessel rupturing and bleeding into the brain.
A transient ischemic attack (TIA), sometimes called a “ministroke,” produces symptoms similar to a stroke, but it is a temporary condition that may clear up on its own within a few minutes without causing permanent damage to brain cells.
A TIA is a temporary decrease in the flow of blood to part of the brain, usually caused by a blood clot or fatty deposit. Because they last only briefly and clear on their own, people may ignore a TIA and not seek medical attention. This could be a mistake because a TIA could be an indication of a blood vessel with partial blockage that could lead to a stroke at a later time.
Stroke symptoms and risk factors
Risk factors known to increase the chances of a person having a stroke include:
· High blood pressure
· Diabetes
· High cholesterol
· Obesity
· Smoking
· Alcohol and illegal drug abuse
· Family stroke history
· Age
· Race and ethnicity
As with risk factors, stroke symptoms can vary from person to person. Some of the common symptoms of a stroke include:
· Difficulty speaking and comprehending what others say.
· Arm, leg, or facial paralysis or weakness.
· Vision impairment.
· Sudden and severe headache.
· Balance and walking difficulty.
A stroke may cause the following complications that may be temporary or permanent depending on the part of the brain affected and how long it was deprived of normal blood flow:
· Paralysis on one side of the body.
· Difficulty speaking or swallowing.
· Loss of memory.
· Impaired ability to think, reason, or grasp concepts.
· Depression and anxiety.
· Numbness, tingling, or pain on the side of the body affected by the stroke.
· Behavioral changes, including becoming withdrawn or lacking the ability to perform routine daily activities, such as grooming.
Depending on the complications resulting from a stroke and how long they last, a person who cannot perform work-related activities should speak to a stroke disability attorney at Clauson Law for advice and post-stroke disability application representation.
Social Security Disability benefits after a stroke
The physical and mental limitations that a person may experience after a stroke may be severe enough to impair their ability to work and earn a living. The Social Security Administration uses a federal disability definition to evaluate claims for Social Security Disability Insurance and Supplemental Security Income benefits.
The definition states that a person must be unable to do any substantial gainful work activity as a result of a medically determinable physical or mental impairment, or a combination of impairments. The impairments must be expected to result in death or must have lasted, or be expected to last, for a continuous period of at least 12 months.
The SSDI program pays monthly disability benefits to workers with long enough work histories who paid Social Security payroll taxes on their earnings. Average earnings while working help determine a person’s monthly SSDI benefit payment. Disabled workers can enroll in Medicare after receiving SSDI benefits for 24 months.
The SSI program does not require a work history. Instead, the SSI program has work and resource limitations. For example, an applicant for SSI may not have resources or assets valued in excess of $2,000. Couples may not have more than $3,000 in resources.
Each year, the federal government establishes a maximum monthly SSI benefit amount. Beneficiaries with income from other sources may receive less than the federal maximum. Some states provide a supplemental payment to their residents approved for federal SSI benefits. Talk to a disability professional at Clauson Law for information about the availability of a supplemental payment in the state where you reside.
Documenting a stroke disability claim
Securing SSD for stroke survivors requires medical documentation that the individual has a severe condition meeting the requirements of the federal disability definition. The medical records supporting stroke SSD claims may include the following:
· Patient’s medical history.
· Physical examination.
· Neurological exam to determine the effect of a stroke on a patient’s nervous system.
· Blood tests.
· Diagnostic imaging, including CT scan, MRI, carotid ultrasound, and cerebral angiogram.
· Echocardiogram of the heart.
· Hospital records, including any surgical records.
· Prescribed medication and treatment records.
Depending on the impairments caused by the stroke, treatment may involve physical and occupational therapists, speech pathologists, and a psychiatrist or psychologist.
Social Security disability evaluation process for stroke disability benefits
Applications for stroke disability benefits go through the following five-step sequential evaluation process:
· Step 1: Is the claimant doing substantial gainful activity? Applicants who are working must not be earning more than the monthly substantial gainful activity threshold amount as established each year by the SSA.
· Step 2: Does a claimant have a severe condition? Medical records must document a condition expected to result in death or last for at least 12 months.
· Step 3: Does a medical condition meet or medically equal one or more of the conditions in the Listing of Impairments? Those that do are considered to be a disability under the SSA definition.
· Step 4: Do the limitations of the medical condition allow an applicant to do work they did in the past?
· Step 5: Do the limitations of the medical condition, their age, education, and work experience allow a person to adjust to doing other types of available work?
A stroke may meet or equal listing 11.04, “vascular insult to the brain.” As with other listed conditions, 11.04 includes complications and other medical criteria that a person applying for SSDI or SSI benefits following a stroke must prove through medical evidence.
If a person with a disability following a stroke cannot meet the criteria for listing 11.04, they could meet or equal other listed impairments, such as depression or other mental disorders in listing 12.00. They may also have a condition listed for another body system.
Steps four and five of the evaluation process allow a person with a disability secure benefits without the listing of impairments. If the limitations caused by a stroke prevent a person from doing past work or adjusting to other types of work, their application may be approved.
Learn more during a free consultation and case evaluation at Clauson Law
A stroke can change your life by limiting your ability to work. Whether you need post-stroke disability application assistance or representation to appeal a denial of a claim, reach out to the disability benefits team at Clauson Law. Contact us today for a free case evaluation and consultation.
Source: U.S. stroke statistics