How to file for disability, Filing for SSI
Disability Requirements, Disability Status
How long is the wait?, Disability Application
The Social Security List of Impairments
Qualifying for Disability, Mental Disability
Disability Lawyer Info, Disability Back Pay
Do You Automatically Get Approved For Disability If You 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.
What is the Social Security Disability SSI list of impairments?
Can you work while getting or applying for Disability?
How Often Does Social Security Approve Disability The First Time You Apply?
Tips for getting Social Security Disability or SSI benefits approved
What medical conditions will get you approved for disability?
What kind of Mental Problems Qualify for Disability?
Receiving a Disability Award Letter
Conditions Social Security will recognize as a disability
Previously answered questions regarding SSD and SSI
Applying for disability in your state
Most popular topics on SSDRC.com
Social Security Disability SSI Questions
The listings, list of disabling impairments
Can a mental illness qualify you for disability?
Disability Lawyers prevent unnecessary denials
How much Social Security Disability SSI back pay?
How to apply for disability for a child or children
Filing a Social Security Disability SSI application
Filing for disability - when to file
How to apply for disability - where to apply
Qualifications for disability benefits
How to Prove you are disabled and Win your Disability Benefits
Qualifying for Disability - The Process
How to get disability for depression
Getting disability for fibromyalgia
SSI disability for children with ADHD
What is the Application Process for Social Security Disability and SSI?
Common Mistakes to avoid after being denied for Disability
Social Security Disability SSI Exam tips
More Social Security Disability SSI Questions
Social Security Disability SSI definitions
What makes you eligible for Social Security Disability or SSI?
New and featured pages on SSDRC.com
Who can help me file for disability?
Filing for Social Security Disability or SSI with Multiple Sclerosis MS
Why Is It Hard to be Found Disabled for Social Security Disability or SSI for Seizures?
Do You Automatically Get Approved For Disability If You Had A Stroke?
Facts about Mini Strokes and Filing for Disability
Multiple Sclerosis (MS), Social Security Disability, and Applying for Benefits
Seizure Disorder, Social Security Disability, and Applying for Benefits
Why is Charcot-marie-tooth not on the Social Security Disability list of impairments?
Charcot-marie-tooth disease and Filing for Disability
Social Security Disability SSI and Traumatic Brain Injury (TBI)
Dystonia and Filing for Disability
Dysautonomia and Filing for Disability
Grand Mal Seizures and Filing for Disability
Narcolepsy, Social Security Disability, and Applying for Benefits
Epilepsy and Filing for Disability
Hydrocephalus and Filing for Disability
Memory Loss and Filing for Disability
Facts about Stroke and Filing for Disability
Applying for Disability in Missouri
Will I qualify for SSI disability in Missouri?
Applying for SSI benefits in Missouri
These pages answer some of the most basic questions for individuals who are considering filing a claim.
Can you get temporary Social Security Disability or SSI benefits?
Permanent Social Security Disability
What is the difference between Social Security Disability and SSI?
Who is eligible for SSI disability?
Can I Be Eligible For SSI And Social Security Disability At The Same Time?
What makes a person eligible to receive disability benefits?
Applying for Disability - How long does it take to get Social Security Disability or SSI benefits?
What happens if I file a disability application and it is denied by a disability examiner or Judge?
For the sake of clarity, SSDRC.com is not the Social Security Administration, nor is it associated or affiliated with SSA. This site is a personal, private website that is published, edited, and maintained by former caseworker and former disability claims examiner, Tim Moore, who was interviewed by the New York Times on the topic of Social Security Disability and SSI benefits in an article entitled "The Disability Mess" and also by the Los Angeles Times on the subject of political attempts to weaken the Social Security Disability system.
The goal of the site is to provide information about how Social Security Disability and SSI work, the idea being that qualified information may help claimants pursue their claims and appeals, potentially avoiding time-consuming mistakes. If you find the information on this site helpful and believe it would be helpful to others, feel free to share links to its homepage or other pages on website resource pages, blogs, or social media. Copying of this material, however, is prohibited.
To learn more about the author, please visit the SSDRC.com homepage and view the "about this site" link near the bottom of the page.