SSDRC




Filing an Application for Disability Benefits

Social Security Disability List of Impairments

Social Security Disability and SSI Back pay

Social Security Disability Status

SSI Disability Benefits

Social Security Disability and SSI Requirements

Social Security, SSI, and Mental Disability

How Long Does It Take To Get Disability Benefits?

Qualifying: What do you Need to Prove to Qualify for Disability?


Do You Automatically Get Approved For Disability If You Have Had A Stroke?


 
Although strokes are most certainly a significant medical occurrence, they do not always lead to permanent limitations that are at a level considered disabling by Social Security. When an individual files for disability on the basis of a stroke, the disability examiner will not make a medical disability determination until at least three months have passed since the stroke occurred. They do this because Social Security considers that there is a clearer picture of what an individual’s maximum medical improvement might be after three months. The disability examiner will base the disability claim on the limitations caused by the stroke.

The Social Security listing book (referred to as the blue book) evaluates cerebral vascular accidents (strokes) under impairment listing 11.04, Central Nervous System Vascular Accident. The listing criteria states that there must be one of the following more than three months after the stroke.

A. Sensory or motor aphasia (damage to the region of the brain that is responsible for language or speech caused by the stroke) that results in ineffective communicating abilities or speech; or

B. Severe and constant disorganization of motor function (paresis or paralysis, involuntary movement or tremor, ataxia, or sensory disorders) in two extremities that causes sustained disorder of an individual’s gait and posture or gross and dexterous movements (assessment of the impairment of motor function depends upon how much it interferes with walking, standing, etc. and/or the use of fingers, hands, and arms).

If an individual meets the above listing criteria, they will be approved for disability benefits on the basis of their stroke. However, even if they do not meet or equal the listing criteria, they still may be approved through a medical-vocational allowance.

Medical vocational approvals consider what an individual is able to do in spite of their disabling condition, along with the individual’s age, education, job history, and the transferability of their job skills. As such, medical vocational approvals are based on a certain type of decision-making called "sequential evaluation", a five step process that requires the social security administration's decision-maker to evaluate whether or not the claimant's condition is severe, will last at one full year, and, for this period, will prevent the performance of substantial and gainful work activity at either one of their former jobs (that fall into a relevant 15 year past work history) or at some type of other work that the claimant's skills might potentially be transferrable to.

Of course, the evaluation of a claim in this manner is highly dependent on the availability (to a disability examiner or to a disability judge, depending on what level the claim is currently at) of:

1) medical records and

2) a detailed work history.

Why both? Because the disability claim decision maker will need to determine the physical and mental requirements of the claimant's past work and compare this to the claimant's current capabilities. This will also be done in conjunction with considering whether or not the claimant can transfer his or her work skills to some type of other work (that they have never done before).

In summary, if a disability examiner is able to rule out an individual’s past work activity and finds that their functional ability is so compromised that it precludes the performance of other work, then the claimant may be approved for disability benefits even without meeting the requirements of the stroke listing, listing 11.04.

Note: most social security disability and SSI claims are approved on a medical-vocational basis, not on the basis of satisfying the criteria of a listing in the blue book.















Return to:  

  • Social Security Disability & SSI Resource Center

  • Social Security Disability, SSI Questions and Answers












    Individual Questions and Answers


  • How to File for Disability - Tips from an Insider

  • How To Get SSDI Approved

  • Supplemental Security Income - SSI Disability

  • How Does Social Security Disability Make Its Decision?

  • How Do I Apply For Disability- What Is The First Step?

  • Is There Medical Criteria For SSI Disability?

  • The SSI Award Letter from Social Security

  • If I Am Determined Disabled, How Far Back Will Social Security Pay Benefits?

  • Qualification for Social Security Disability

  • Social Security Disability Hearings - what to expect

  • Will the the SSA Disability Examiner Call or Contact Me at some point?

  • The Social Security Disability Doctor Appointment is Called a CE

  • What If I Do Not Have Enough Work Credits For Social Security Benefits?

  • Will You Get Social Security Disability Benefits If You Cannot Work Your Old Job?

  • How Long Does It Usually Take To Get Disability After I see Their Medical Examiner?

  • How Much Income Can A Person Earn If He Draws Social Security Disability?

  • Does social security have a rigorous disability criteria evaluation process?

  • If Am Medically Disabled, Can Social Security Still Turn Me Down For Some Reason?














    Return to Social Security Disability Resource Center


    Or click to one of the following:


    Return to -- Social Security Appeals Time Limit

    Return to -- Can I Talk To the Disability Examiner Working On My Case?

    Return to -- What Expenses Will A Social Security Attorney Charge In Addition To The Fee?

    Return to -- Do Most People Need To See A Judge To Get Disability Benefits From Social Security?

    Return to -- Social Security Disability Lawyers and 25% Back Pay

    Return to -- Will Social Security Attempt To Get A Letter From Your Doctor To Help Your Case?

    Return to -- What Is The Difference In SSD and SSI?

    Return to -- How is Social Security Disability and SSI Awarded?

    Return to -- Will my children get benefits if I get approved for disability?

    Return to -- Why Does It Take So Long To Get A Call Back From The Social Security Office?

    Return to -- Does Being Represented On A Disability Claim Win The Case Faster?

    Return to -- Applying for Disability according to state of residence

    Return to -- Social Security Disability SSI Blog ,

    Return to -- Social Security Disability and Money in the Bank

    Return to -- How long do you have To Be Out Of Work Before You Get Social Security Disability (SSD)?

    Return to -- The first appeal in a social security disability or SSI case

    Return to -- Using a Lawyer for an SSDI Disability Case

    Return to -- Social Security Disability SSI, Medical and Mental Conditions and Problems

    Return to -- Disability Lawyers - Questions about Hiring a Disability Attorney

    Return to -- Disability Lawyers in Various States