A stroke or transient ischemic attack (TIA) can change your life in an instant. Many survivors face lasting challenges such as weakness, speech problems, memory issues, or difficulty concentrating that make it impossible to keep working. If your condition will prevent you from working for at least 12 months, you may qualify for Social Security Disability benefits. A Weirton stroke and TIA lawyer at Berger and Green can help you apply for benefits or appeal a denial so you can focus on your recovery.
Call today to get help from a Weirton Social Security Disability lawyer. The initial consultation is free.
Recoverable Benefits for Stroke and TIA Survivors in Weirton, West Virginia
If a stroke or transient ischemic attack (TIA) leaves you unable to work, you may be eligible to recover monthly disability benefits through Social Security programs. The Social Security Administration offers two primary disability programs: Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI).
- SSDI is available to workers who have paid Social Security taxes through their jobs. Workers must show that they have enough work credits to qualify. The exact requirement can vary depending on your age. If approved, SSDI provides monthly payments based on your work history.
- SSI is a needs-based program for individuals with limited income and financial resources who cannot work because of a disabling condition.
Both programs require medical evidence showing that your condition prevents you from working for at least 12 months. A stroke can cause long-term complications such as paralysis, difficulty speaking, memory problems, or issues with balance and coordination that may meet this standard.
A Weirton stroke and TIA attorney from our firm can help you pursue the disability benefits you need by completing and filing your application or handling an appeal if your claim has been denied.
40+ years of experience from strong, knowledgeable, compassionate attorneys.
Start A Free EvaluationApplying for SSD Benefits After a Stroke or TIA
Applying for Social Security Disability (SSD) benefits after a stroke or transient ischemic attack (TIA) can be a complicated process. The Social Security Administration (SSA) requires detailed information to evaluate your claim, including medical records, your work history, and contact information for the doctors and healthcare providers who have treated you. This documentation helps the SSA understand your condition, your treatment, and how your symptoms affect your ability to work.
For many stroke survivors, completing a disability application can be especially difficult. Strokes and TIAs often cause cognitive and physical challenges, including memory problems, difficulty concentrating, speech impairments, or weakness in the hands and arms. These limitations can make it hard to complete forms, keep track of medical information, or communicate clearly with the SSA during the application process.
At Berger and Green, our attorneys help make this process easier. If we take your case, we will complete and file your SSD application on your behalf, making sure the SSA receives the information it needs to review your claim. This allows you to focus on your recovery while we handle the legal process of pursuing disability benefits.
We know you’re hurting. We can help. Free case evaluations, home and hospital visits.
Contact Us Now For HelpHow Our Weirton Stroke and TIA Lawyers Establish That You Qualify for Disability Benefits
When you come to Berger and Green for help with a stroke or TIA disability claim, our goal is to show the Social Security Administration (SSA) that your condition has prevented or will prevent you from working for at least 12 months. We do this by comparing your medical condition and limitations to the SSA’s disability rules and building a claim that clearly explains how your symptoms affect your ability to work.
Using the SSA’s Blue Book to Evaluate Stroke Claims
Typically, the primary way to establish eligibility is by meeting the criteria in the SSA’s Blue Book, a medical guide that lists conditions that may qualify as disabling when certain criteria are met.
Strokes are evaluated under the listing for vascular insult to the brain. This listing focuses on long-term neurological problems that may occur after a stroke, including:
- Significant difficulty using two extremities (such as an arm and a leg)
- Serious problems with balance or coordination
- Severe limitations in speech or communication
If your medical records show that your condition meets these criteria, we can present your claim under this listing to demonstrate that you qualify for disability benefits.
How TIAs Are Considered in Disability Claims
The Blue Book does not include a specific listing for transient ischemic attacks (TIAs). TIAs are often brief and may not always cause lasting symptoms.
However, some people experience repeated TIAs or permanent neurological damage. When these events lead to ongoing problems such as weakness, memory issues, or difficulty speaking, those lasting effects may still support a disability claim. To build a claim you need to show how the impairments affect your ability to perform work activities.
Using Residual Functional Capacity When Listings Are Not Met
Not every stroke claim fits perfectly within the Blue Book criteria. When that happens, we can still establish eligibility through a Residual Functional Capacity (RFC) assessment.
An RFC evaluation looks at the practical limitations your condition causes, including problems with:
- Walking or standing
- Using your hands or arms
- Speaking or communicating
- Concentrating or remembering instructions
The SSA uses this information to determine whether you can return to your previous job or perform other work. If your stroke or TIA symptoms prevent you from maintaining employment, we can use this assessment to demonstrate that you qualify for Social Security Disability benefits.
We have been handling these types of cases for over 40 years and know how to fight for the benefits you deserve. Call Berger and Green now to get started.
You need an attorney with the experience and dedication to give your case the care it deserves.
Start A Free EvaluationWhat Happens if Your Disability Claim Is Denied?
If your Social Security Disability claim is denied, you have the right to appeal. Our Weirton stroke and TIA lawyers can guide you through the next steps and continue fighting for the benefits you need. Many valid Social Security Disability claims are denied at first, especially when the SSA does not fully understand how a stroke or TIA has affected a person’s ability to work. Our job is to keep your claim moving forward and present it as clearly and effectively as possible at each stage of the process.
- Reconsideration: We can request reconsideration and continue pursuing your claim. At this stage, the SSA assigns a different reviewer to take another look at the decision and the information in your file.
- Administrative Law Judge (ALJ) Hearing: If the denial is upheld, we can represent you at a hearing before an Administrative Law Judge (ALJ). ALJ hearings may be held by phone, video, or in person. We present your case and advocate for you as the judge reviews the evidence. It is especially important to have an attorney by your side at this stage.
- Appeals Council Review: If the ALJ denies your claim, we can ask the Appeals Council to review that decision and determine whether Social Security rules were applied properly.
- U.S. District Court Action: If necessary, we can file a civil action in your local U.S. District Court to challenge the decision.
We can address all the legal hurdles that may be keeping you from getting a fair settlement.
Speak To An Attorney TodayGet Help from Our Weirton Stroke and TIA Attorneys
A stroke or TIA can leave you facing serious physical and cognitive challenges that make it difficult to continue working. If you cannot work because of the lasting effects of a stroke, you may qualify for Social Security Disability benefits. The Weirton stroke and TIA lawyers at Berger and Green have helped tens of thousands of clients pursue the benefits they need. We know you’re hurting. We can help. Contact Berger and Green today for a free case evaluation.