Saturday, September 07, 2013

Social Security Disability Benefits for Stroke Survivors

Molly Clarke
Social Security Disability Help
Recovery from a stroke varies significantly from person to person. While a minor stroke may take several weeks to recover from, a more serious stroke may take months or even years to recover from.

While a person is recovering from a stroke, it is likely that he or she will have to take time away from work. The resulting lack of income combined with costly medical bills can cause financial trouble to quickly spiral out of control. Fortunately, if you have suffered from a stroke, you may be eligible to receive Social Security Disability benefits. Disability benefits can help alleviate financial distress and allow you to focus on your health.

This article will provide you with a general understanding of Social Security Disability benefits and will prepare you to begin the application process.

Defining Disability and the SSA’s Stroke Regulations

Because an applicant must be “disabled” in order the receive Social Security Disability benefits, the Social Security Administration (SSA) has established an official definition of the term. The SSA considers a person disabled if:
  • He or she has a physical or mental health condition that prevents them from doing the work they typically do; and
  • He or she is unable to adjust to other types of work due to their medical condition; and
  • His or her condition has lasted or is expected to last for at least twelve months or result in death.
The months following a stroke are often filled with uncertainty and it is very difficult to calculate exactly how long it will take a stroke survivor to recover.

For this reason, the SSA will not evaluate a stroke survivor’s disability claim until three months have passed since the date of the stroke. If it has already been three months since the date of your stroke, your application will be processed immediately. If the three-month deferment period has not yet passed, you will be required to wait.

If three months have passed since the date of your stroke and you still meet the SSA’s definition of disability, you may be eligible for disability benefits. To determine if you qualify, the SSA will evaluate your application using strict technical and medical standards. These standards are as follows.

Social Security Disability Technical Eligibility


The SSA offers two types of disability benefits—Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI). Each program has its own set of technical eligibility requirements.

The SSDI benefit program is designed to offer financial assistance to disabled workers and their eligible family members. Eligibility for SSDI is based on employment history and past Social Security tax contributions. Typically, SSDI applicants must have earned income and paid taxes for five of the past ten years. However, this can change depending on the age a person is at the time they become disabled. Learn more about SSDI eligibility, here: http://www.disability-benefits-help.org/ssdi/qualify-for-ssdi.

SSI, on the other hand, is designed to offer financial assistance to disabled, elderly, or blind individuals who earn very little income. Because SSI is a needs-based program, an applicant’s eligibility is determined by the amount of income they earn and the amount of financial resources they own. To qualify for SSI, applicants cannot exceed the strict financial limits put in place by the SSA. For more information about the SSI financial eligibility, visit the following page: http://www.disability-benefits-help.org/ssi/qualify-for-ssi.

In certain circumstances, applicants may be eligible for both SSDI and SSI benefits.

The Social Security Disability Medical Eligibility


In addition to the SSDI and SSI technical requirements, Social Security Disability applicants must also meet specific medical requirements. These medical requirements can be found in the SSA’s blue book. Essentially, the blue book contains medical requirements for all potentially disabling conditions.

The SSA covers stroke under blue book listing 11.04- Central Nervous System Vascular Accident. To meet this listing, applicants must experience one of these side effects at least three months following a stroke:
  • Sensory or motor aphasia that causes ineffective speech or communication; or
  • Decreased ability to use arms and/or legs causing difficulty standing, walking, and moving.
To prove that you meet these criteria, it will be necessary to provide the SSA with the following documentation:
  • Complete hospital records
  • Copies of your clinical history
  • Copies of your treatment history
  • Copies of medical imaging reports
  • Written statements from treating physicians
If you do not meet the blue book listing for stroke, but still suffer debilitating side effects, you may be able to qualify under your impaired body system. You can access all blue book listings, here: http://www.ssa.gov/disability/professionals/bluebook/AdultListings.htm.

If you find that you are unable to meet a blue book listing, you can still qualify for disability benefits under something called a medical vocational allowance. Essentially, this means that you cannot perform any type of work despite the fact that you do not meet a blue book listing. To determine if you qualify under a medical vocational allowance, the SSA will review your physical abilities, age, and job training.

Applying for Social Security Disability Benefits


Before you begin the application process, it is important that you prepare the necessary records and documentation. You can find a complete list of everything you will need on the SSA’s adult disability checklist. (http://www.socialsecurity.gov/disability/Documents/Checklist%20-%20Adult.pdf)

Once you are ready to begin the application process, you can apply online at the SSA's website or in person at your local Social Security office. If the applicant is physically or mentally unable to apply on their own, a family member or caretaker is allowed to apply on his or her behalf.

It is important that you complete all paperwork and answer each question in as much detail as possible. Any missing or incomplete information may result in the delay or denial of your disability application.

Receiving a Decision


After submitting your application, you may not receive a decision for several months. While you wait, you should continue any prescribed medical treatment and you should keep copies of all updated medical records. This will help you down the road, should your initial claim be denied.

If your initial application is in fact denied, you will have 60 days in which to appeal the decision. Appealing a denial while recovering from a stroke can be overwhelming and confusing. However, the appeals processes are often a necessary step toward receiving disability benefits. In fact many more applications are approved during the appeals phase than during the initial application phase.

For more information about stroke and disability benefits, visit Social Security Disability Help (http://www.disability-benefits-help.org/disabling-conditions/stroke-and-social-security-disability) or contact Molly Clarke at mac@ssd-help.org.

3 comments:

  1. I have not to familiar with social security disability. So I wanted to learn more about it and I found this article. It was very interesting and I learned a lot from reading this. I didn't know that you had to fill out an application in order to get social security disability. This article was very informative, thanks for posting. http://www.ckdisabilitylaw.com/

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  2. I can imagine that recovering from something like a stroke would be super hard to evaluate. In the few people I have known, each one was affected differently by their stroke. Not all of them were able to return to work. It must be hard for Social Security to evaluate these things.
    http://www.waycaster-allred-law.com/social-security-disability.html

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  3. Do you have to be a certain age to receive social security? I know that in order to get disability social security, you have to be disabled in some way. However, no one has ever talked to me about how old you need to be. I hope that the only requirement is to have suffered the effects of a stroke. But, I'm not really sure if that is the case. http://asmlegal.net/social-security-disability/

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