A stroke or transient ischemic attack (TIA) can leave lasting physical and cognitive impairments that make it difficult to return to work. Weakness, speech problems, memory issues, and difficulty concentrating can prevent someone from maintaining employment. If these limitations will keep you from working for at least 12 months, you may qualify for Social Security Disability benefits. Berger and Green’s Wheeling stroke and TIA lawyers can help apply for benefits or appeal a denial.
Contact us today for a free consultation. Our Wheeling Social Security Disability lawyers can fight for you.
How Strokes and TIAs Affect Your Ability to Work
A stroke or transient ischemic attack (TIA) can leave lasting impairments that make it difficult to return to work. Many people experience weakness or paralysis on one side of the body, difficulty walking, poor coordination, or trouble using their hands. Others struggle with speech problems, memory loss, slowed thinking, or difficulty concentrating. Fatigue and vision problems are also common.
These limitations can interfere with essential job duties such as communicating with coworkers, following instructions, staying focused, or performing physical tasks. When stroke-related impairments have or will prevent someone from maintaining full-time employment for at least 12 months, they may qualify for Social Security Disability benefits.
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Start A Free EvaluationWho May Qualify for SSD Benefits After a Stroke?
People who experience lasting complications after a stroke or transient ischemic attack (TIA) may qualify for Social Security Disability benefits if their condition prevents them from working. However, the Social Security Administration (SSA) has specific requirements that applicants must meet.
Medical Requirements
To qualify for SSD benefits, you must show that your stroke-related impairments prevent you from working and are expected to last for at least 12 months or result in death. Many stroke survivors continue to experience significant physical or cognitive limitations long after the initial medical event.
These types of limitations can make it difficult to perform past work or adjust to other types of employment.
Work Credit Requirement for SSDI
Social Security Disability Insurance (SSDI) is available to workers who have paid into the Social Security system through their jobs. The exact number of credits required can vary depending on your age and work history.
Income and Asset Limits for SSI
Supplemental Security Income (SSI) is available to people with disabilities and very limited income and assets. These limits can change yearly.
How the SSA Evaluates Stroke Claims
When reviewing a disability claim, the SSA looks closely at your medical records and other documentation to determine how your condition affects your ability to work. This often includes reviewing neurological exams, imaging results, and records from your doctors.
Stroke-related claims are often evaluated based on limitations such as:
- Difficulty with movement, coordination, or motor function
- Speech or communication impairments
- Cognitive problems involving memory, concentration, or decision-making
- Reduced ability to perform daily activities independently
The SSA must determine whether these limitations prevent you from performing your past work or adjusting to other types of work.
Unfortunately, getting Social Security Disability benefits after a stroke or TIA is rarely simple. The SSA has strict rules and detailed requirements that applicants must meet, and many people are denied when they first apply. Understanding these requirements and presenting a clear claim can make a difference when pursuing the benefits you need.
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Contact Us Now For HelpOur Wheeling Stroke and TIA Attorneys Can Help, Regardless of Whether You Meet the Blue Book Criteria
The SSA has a list of conditions that are disabling, known as the Blue Book.
The SSA does have a listing for stroke, but not for TIA. This is because TIAs are typically short-lived; however, a series of TIAs could leave a person unable to work for at least a year.
Our Wheeling stroke and TIA attorneys can use your Residual Functional Capacity (RFC) to establish how your TIAs left you unable to work. An RFC assessment allows us to establish that your stroke or TIAs have left you unable to carry things, lift things, push, pull, or stand for long periods of time. It can also help us establish your inability to reach for or grab things, communicate clearly, or understand or remember directions.
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Start A Free EvaluationAppealing a Denied Stroke or TIA Claim
Unfortunately, most Social Security Disability claims are denied during the initial application stage. Many people are surprised to receive a denial after submitting medical records and other documentation about their stroke or TIA. However, a denial does not necessarily mean you do not qualify for benefits. In many cases, it simply means the Social Security Administration (SSA) determined that more information is needed to show how your condition prevents you from working.
If your claim is denied, you have the right to file an appeal.
- The first step is typically a request for reconsideration, where the SSA reviews your claim again.
- If the claim is denied at that stage, you may request a hearing before an Administrative Law Judge (ALJ). During an ALJ hearing, the judge reviews your medical evidence and listens to arguments about how your stroke-related impairments limit your ability to work. Hearings may take place in person, by video, or by phone.
- If you disagree with the ALJ’s decision, you can request an Appeals Council review.
- If you disagree with the Appeals Council’s decision or it refuses to review the ALJ’s decision, you can file a civil action with the U.S. District Court in Wheeling, West Virginia.
A Wheeling stroke and TIA lawyer can present your case clearly and explain how your physical or cognitive limitations affect your ability to perform job duties.
Berger and Green helps clients pursue disability benefits after a denial by handling the appeals process from start to finish. Our team can complete and file the necessary appeal paperwork and represent you during an ALJ hearing if your case reaches that stage. While you focus on your health and recovery, we work to help you pursue the benefits you may be entitled to receive.
We can address all the legal hurdles that may be keeping you from getting a fair settlement.
Speak To An Attorney TodayOur Wheeling Stroke and TIA Attorneys Can Help You With the Claims and Appeals Processes
A stroke or TIA can leave lasting impairments that make returning to work difficult or impossible. If your condition prevents you from working, Social Security Disability benefits may provide important financial support. Berger and Green has helped injured and disabled people for more than 40 years. Our Wheeling stroke and TIA lawyers can complete and file your application or handle an appeal if your claim was denied. Trust The Name You Know.
Contact Berger and Green today for a free consultation.