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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 individualís 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 individualís 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 individualís 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 individualís 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 medical conditions will get you approved for disability?

  • What kind of Mental Problems Qualify for Disability?

  • Which conditions will social security recognize as a disability?

  • Tips for getting Social Security Disability or SSI benefits approved







  • SSDRC Homepage:

    Social Security Disability and SSI Resource Center



    The Most Basic questions about Getting Disability Benefits

    Social Security Disability SSI and whether or not you can work

    Common Mistakes to avoid after being denied for Disability

    Social Security Disability SSI Questions and Answers

    More Social Security Disability SSI Questions and Answers

    Common Questions about Social Security Disability and SSI

    Winning Social Security Disability or SSI Benefits

    The SSI Disability Benefits Program

    Social Security Disability SSI and Doctors - Yours and Theirs

    Social Security Disability and SSI Claim Reviews

    Social Security Disability SSI System and Benefits for Children




    Denials, Appeals, and Getting a Disability Lawyer or Representative

    What you should know about Social Security Disability and SSI Denials

    Questions about Disability Lawyers and Hiring a Disability Attorney




    Various Types of Benefits including SSI, Mental, and Child benefits

    Social Security and SSI based on Mental Disability

    Social Security Disability or SSI Benefits for Children

    Disability Benefits through Social Security




    Filing for Social Security Disability or SSI Benefits

    Social Security Disability SSI: Medical Evidence and Records

    Filing your claim for disability benefits

    Eligibility for receiving disability benefits




    Resources on this site

    Social Security Disability, SSI Terms and Definitions

    Previously answered questions regarding SSD and SSI



    The SSDRC Disability Blog




    For Individuals living in North Carolina

    Disability in North Carolina

    North Carolina Disability Lawyer

    Getting disability in North Carolina








    Related pages:

    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



    Information on the following topics can be found here: Social Security Disability Questions and in these subsections:

    Frequently asked questions about getting Denied for Disability Benefits | FAQ on Disability Claim Representation | Info about Social Security Disability Approvals and Being Approved | FAQ on Social Security Disability SSI decisions | The SSD SSI Decision Process and what gets taken into consideration | Disability hearings before Judges | Medical exams for disability claims | Applying for Disability in various states | Selecting and hiring Disability Lawyers | Applying for Disability in North Carolina | Recent articles and answers to questions about SSD and SSI


    These pages answer some of the most basic questions for individuals who are considering filing a claim.

    Filing for disability - How to file for SSD or SSI and the Information that is needed by Social Security
    How to Apply for Disability - What medical conditions can you apply and qualify for?
    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?
    How to Prove you are disabled and qualify to win disability benefits
    How do you prove your disability case if you have a mental condition or impairment?
    Social Security Disability Back pay and How Long it Takes to Qualify for it and receive it
    Social Security Disability SSI - Eligibility Requirements and Qualifications Criteria