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August 19, 2016

If I Had a Stroke, Can I Receive Social Security Disability?

The Social Security Administration (SSA) can determine whether or not you can receive disability payments for the after-effects of a stroke.  While there are two separate disability programs, Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI), the medical requirements to receive payments are the same.  The mental and physical residuals from a stroke can make it difficult, if not impossible, to maintain full time employment. Your first step is to file an initial application.  Some individuals who have suffered a stroke may have difficulty even starting the application process due to difficulties with communication, memory, and typing or writing.  Get help from a friend or family member to start the application if you need to; Social Security recommends that you designate a “third party” whom they can contact if they need additional information.  The application process is designed by Social Security to be completed by an individual without the assistance of an attorney or representative.  However, I have helped many clients file an initial application because they preferred to have the help of someone familiar with the process.  For someone dealing with memory loss, difficulty speaking, and problems getting around, it can be helpful to have an attorney or representative take charge of the case to make sure everything gets submitted on time and to patiently assist with the completion of Social Security’s forms and questionnaires. How does the SSA evaluate individuals suffering from a stroke when determining disability?  First, they decide whether you “meet a listing.”  The SSA publishes a Listing of Impairments that details the information they consider for each specific condition.  Stroke is covered in the listing for neurological impairments under Section 11.04.  What happens if you do not meet or equal the listing for stroke?  Social Security then evaluates whether your residual functional capacity … Continued

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November 12, 2010

Stroke and Your Indiana Social Security Disability Benefits

Indianapolis Social Security disability lawyer Scott Lewis often finds himself talking to Indiana residents wondering if they can receive disability benefits because they have experienced a stroke.  Disability attorney Scott Lewis usually finds the stroke itself is not to be the reason the individual cannot work, but the effects afterward.  Many Social Security disability claimants find themselves unable to remember things and complain of short and long term memory loss after experiencing a stroke.  Another problem may include the inability to function physically as they did prior to having a stroke. One major issue may involve that to be entitled to Indiana Social Security disability benefits an individual must be disabled for twelve months or be expected to be disabled for twelve months, or the disability is expected to result in death. This is called the “durational requirement”.  The Social Security Administration (SSA) could argue that the residual effects of your stroke may go away.  It is difficult to determine if this is true, so good medical evidence may be the key to proving your disability will persist. Through good medical records, including physical and psychological records, an Indiana Social Security disability claimant should try to prove they are unable to return to their past work, and are unable to perform any other jobs that exist in the economy.  This may be accomplished by showing that the Indiana Social Security disability claimant has such a reduced physical or mental capacity that they are unable to perform substantial gainful activity (SGA).  Indianapolis Social Security disability attorney Scott Lewis also attempts to categorize his disability clients into a listing in the Listing of Impairments issued by the Social Security Administration.  

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