Morgantown
Stroke and TIA Lawyer

On This Page

1. Who May Qualify for Social Security Disability After Stroke/TIA
2. How Our Morgantown Stroke and TIA Attorneys Help With SSD Claims
3. What You Can Expect from the SSD Claim Process
4. Get a Morgantown Stroke and TIA Attorney On Your Side

REVIEWED BY

C. William Kenny

March 03, 2026

Board certified by National Board of Trial Advocacy

If you’ve suffered a stroke or a TIA (often called a “mini-stroke”), you may be dealing with weakness, balance problems, speech changes, or mental fatigue that make it impossible to keep working. When your health forces you to step back, Social Security Disability benefits can help you stay financially stable. Unfortunately, getting these benefits is rarely simple.

The Morgantown stroke and TIA lawyers at Berger and Green help West Virginia families apply for benefits and appeal denials. We know you’re hurting. We can help. Call today or reach out online for a free case evaluation. See what our Morgantown Social Security Disability lawyers can do for you.

Who May Qualify for Social Security Disability After Stroke/TIA

To qualify for Social Security Disability after a stroke or TIA, you and your attorney generally must prove that your medical condition keeps you from working for at least 12 months or that it’s expected to prevent you from working for at least 12 months or result in your death. Just as important, you do not have to already be out of work for a full year to apply. The key is showing that your limitations are serious enough that you can’t maintain reliable, full-time work now and are expected to remain that way long-term.

Social Security Disability benefits fall into two categories.

• Social Security Disability Insurance (SSDI) is usually based on your work history and the Social Security taxes you’ve paid over time.
• Supplemental Security Income (SSI) is based on financial need for people who meet Social Security’s medical rules but have limited income and resources.

Many SSDI applicants need about 20 work credits (around five years of work), although the exact requirement can vary depending on individual circumstances.

When the Social Security Administration (SSA) reviews stroke and TIA claims, the focus is less on the diagnosis alone and more on what the condition prevents you from doing. Decision-makers look at your medical records, treatment history, and ongoing symptoms, along with how those symptoms affect daily functioning, and then they assess whether you can do your past job or adjust to other work.

You may have a claim if you’re dealing with:

• Ongoing weakness, poor balance, or coordination problems
• Speech or language limitations that affect communication
• Significant cognitive issues (e.g., memory, focus, processing speed) or vision changes
• Fatigue or reduced stamina that makes full-time work unrealistic
• Continued rehab, follow-ups, and lasting deficits despite treatment

How Our Morgantown Stroke and TIA Attorneys Help With SSD Claims

After a stroke or TIA, it’s normal to feel overwhelmed, especially when you’re trying to manage appointments, therapy, and day-to-day life changes. The Social Security Disability (SSD) process can add even more pressure with forms, deadlines, and confusing requirements. That’s where Berger and Green steps in. We’re The Injury and Disability Lawyers, and we help people in Morgantown, West Virginia, take the next step toward the benefits they may deserve.

Once we take your case, our team completes and files your Social Security Disability application. And if you’ve already been denied, we don’t leave you stuck trying to fix it alone; we handle the appeal and represent you throughout the process. Many strong claims are denied at first, and moving forward can feel intimidating. With our support, you can focus on your health while we focus on the SSD path ahead.

Most importantly, you won’t have to guess what to do next or worry about missing something important. We help take the stress out of paperwork, steps, and deadlines, so the process feels more manageable. We put clients first with support that respects what you’re going through, including:

• Personalized communication so you’re not left wondering where things stand
• No need to visit our office, because travel isn’t always realistic after a stroke
• Free case consultations to help you understand your options before you commit

If you’re ready to apply or you’ve received a denial and need to appeal, contact Berger and Green today.

What You Can Expect from the SSD Claim Process

Social Security Disability has a structured process, and knowing the basic steps can make everything feel less overwhelming, especially when you’re recovering from a stroke or managing lingering TIA symptoms. Most claims move through the same stages, and it’s common for people to need more than one step to get approved.

Here’s the process in plain terms:

Application

This is where your claim begins. The SSA reviews several factors to decide whether you meet the rules for disability benefits. That includes your work history (if applicable), your medical records, and how your symptoms limit your ability to work on a consistent basis. For stroke and TIA claims, this may involve reviewing documentation about:

• Weakness
• Speech problems
• Cognitive changes
• Balance issues
• Fatigue

Social Security also looks at whether these limitations prevent you from performing your past job or adjusting to other work.

Reconsideration

If your claim is denied, you have the right to appeal the decision. To begin the process, our Morgantown stroke and TIA lawyers ask Social Security to reconsider the decision. During reconsideration, a different reviewer evaluates your claim again, looking at the same rules but with a fresh review of the evidence. Unfortunately, many legitimate claims are denied again at this stage. This can be discouraging, but it’s a common part of the process and often simply means the claim needs to move to the next level.

Hearing With an ALJ

If reconsideration is denied, you can request a hearing before an Administrative Law Judge (ALJ). This stage gives you a more direct opportunity to explain how your condition affects your ability to work and function day to day. The judge reviews the evidence, listens to testimony, and makes an independent decision about your claim. This is when it is really important to have a dedicated legal team on your side.

Our Morgantown stroke and TIA attorneys advocate for clients at ALJ hearings, helping present the case clearly and effectively. Hearings may take place by phone, by video, or in person, depending on the situation.

Appeals Council Review

If the Administrative Law Judge (ALJ) denies the claim, the next step is requesting a review by the Social Security Appeals Council. The Council reviews the ALJ’s decision and the record from the hearing to determine whether the judge applied the correct standards and properly evaluated the evidence. The Appeals Council may agree with the decision, send the case back for another hearing, or review the case and issue its own decision.

Federal District Court Action

If the Appeals Council refuses to review or upholds the denial, another option may be filing a civil action in the U.S. District Court. At this stage, a federal judge reviews the case to determine whether the SSA followed the law and properly evaluated the claim. If the court finds errors in how the case was handled, it may send the claim back for further review.

Denials are common, even for people with serious impairments. That does not mean you don’t have a valid claim. It often means the system needs clearer proof and stronger advocacy.

With 40+ years of experience handling SSD claims, Berger and Green knows how to guide Morgantown clients through each stage with steady support, so you feel prepared, not pressured, and never alone in the process.

Get a Morgantown Stroke and TIA Attorney On Your Side

A stroke or TIA can leave lasting challenges that make returning to work difficult. If your symptoms prevent you from maintaining consistent employment, Social Security Disability benefits may help provide financial stability while you focus on your health. If you’re considering applying or your claim has already been denied, a Morgantown stroke and TIA lawyer can make the process easier to manage. Contact Berger and Green today to discuss your situation and learn about your options.