Social Security Disability and Your Rights to Disability Benefits as a Result of a Stroke
If you have suffered a stroke, you may have cognitive problems, motor function difficulties and problems with speech or communication.
The Social Security Administration uses a five step sequential evaluation to consider every Social Security Disability application involving stroke victims. At step three of the five step sequential evaluation, you may be entitled to Social Security Disability benefits if you meet a listing. Did you know that stroke is considered under 11.04 Central Nervous System Vascular Accident?
The Social Security Administration requires the following:
1. Stroke residuals will be evaluated at least three months following a stroke.
2. You must demonstrate:
a. ineffective speech or communication that results in sensor or motor aphasia (the loss and ability to speak or comprehend due to brain illness or injury); or
b. Persistent Motor Function Disorganization in two legs, two arms, that results in the sustained disturbance of your gross index, movements, gait or station.
That’s a mouthful isn’t it!
Part A of the criteria that refers to any cognitive or expressive deficits that you may have, such as difficulty making yourself understood due to the lingering effects of your stroke or residuals.
The Part B criteria refers to the physical effects that many stroke victims suffer with the use of their arms or legs. You may have a stroke that affects your ability to grasp and manipulate and affects your ability to walk.
If you have any motor dysfunction in two extremities that results in the disturbance of gross or excesses movement of your gate or station, you may be entitled to Social Security Disability benefits.
As you can see, your Social Security Disability claim is not based on the diagnosis but rather, on your functional restrictions and impairment as a result of the residuals of your stroke.
If your claim for Social Security Disability benefits as a result of a stroke has been denied, appeal! You should hire an experienced stroke denied Social Security Disability attorney to make sure that you receive the Social Security Disability benefits that you are entitled to.