Social Security Disability Claims based on a Stroke

Social Security Disability Claims based on a Stroke

shutterstock_177739439If you have recently suffered a stroke you should apply for Social Security Disability.  There is a very good chance that you may be granted right away at the level of initial application based on the severity of your symptoms.  To meet the listing for stroke, which Social Security has in the Code of Federal Regulations, an individual must prove that the stroke resulted in extreme difficulty in communicating or speaking and writing.  That person can also prove that the stroke has created the inability to control two body limbs that could be your arm and your leg, two arms, two legs.  It could mean you have a lot of difficulty with grasping in fine manipulations since suffering the stroke.

Now that said, even if a client experiences a severe stroke and to me is obviously disabled when I first meet with them it does sometimes happen that that person will be denied on the first application.  That is because stroke victims recover at different levels.  Some stroke victims never recover at all.  Others very slowly recover.  Others can through rehabilitation depending on age and the nature of the stroke can recover in the matter of months to being almost what they were before the stroke.  With that in mind, Social Security is thinking that they are not sure if the person who suffered the stroke is going to be disabled for more than twelve months.  If your stroke was any time before twelve months ago it is going to be very likely that unless your symptoms are severely severe and you are in a wheelchair and for example, you have partial paralysis of one side of your body it is going to be extremely likely that sort of as a default mechanism Social Security is going to deny that case and wait to see what the residuals of that stroke are twelve months following the incident itself.

It is not uncommon for me to get a stroke client who is severely disabled and keeps getting denied and as soon as they get to that twelve month time period following the date of the stroke if the case is up at the hearing office for hearing effective that twelve month I will ask that senior attorney to take a look at a case and grant them the benefits right away and those benefits will be granted on the record without requiring that this person receive a hearing because the only thing that was obstructing the decision making in the case was that twelve month factor.

This short informational blog post was provided by Anne Howard, an experienced Connecticut Social Security Disability Attorney.