FACTS ABOUT STROKE AND FILING FOR DISABILITY



Facts about Stroke and Filing for Disability



 
These selected pages answer some of the most basic, but also some of the most important, questions for individuals who are considering filing a claim for disability benefits.


  • How to apply for disability and the information that Social Security needs

  • Who will qualify for disability and what qualifying is based on

  • Do You Automatically Get Approved For Disability If You Had A Stroke?

  • Requirements for disability - Qualifications Criteria for SSD and SSI

  • Social Security Disability benefits for stroke

  • Stroke is the leading cause of adult disability in the United States

  • How to Prove you are disabled and win your disability benefits

  • Applying for Social Security Disability or SSI for Stroke



  • Facts about the condition

    1. A stroke is an emergency medical condition caused by change in blood supply to a part of the brain. This limits oxygen from reaching tissue in the affected part of the brain, and cells there begin dying.

    2. Most strokes are ischemic, meaning a blood clot restricts or completely blocks the amount of blood flow to the brain.

    3. The other main type of stroke is called hemorrhagic, meaning a blood vessel leaks or completely breaks, flooding the affected part of the brain with blood.

    4. Although it is a medical emergency, stroke is treatable. The more rapid the treatment response, the better the prognosis is likely to be.

    5. A variety of risk factors are connected with stroke. Family history, age (over 55), high blood pressure or cholesterol, cardiovascular disease, diabetes, and previous history of stroke or mini-stroke all increase the risk.

    6. Smoking, heavy drinking, drug use, birth control and hormone therapy and obesity are all more controllable factors related to risk of stroke.

    7. Women are more likely to die from a stroke than men, although the rate of stroke is nearly the same. Overall, death from stroke has decreased in the United States. Awareness and better treatment of controllable factors such as smoking, high blood pressure and cholesterol are attributed to the decrease.

    8. Side effects and complications from stroke include paralysis, loss of muscle control or pain, typically only on one side of the body. Loss of control over the mouth muscles may limit the ability to talk and eat. Other complications include memory loss, problems with comprehension, and difficulty expressing through language.

    9. After the initial treatment for a stroke, recovery typically requires rehabilitation for complications. Rehabilitation plans are based on the individual and the complications and challenges the patient is experiencing after the stroke.

    10. A rehabilitation doctor will help determine the need for some combination of specialists, including doctors, nurses, dietitians, therapists including physical, occupational, speech and recreational, a psychologist or psychiatrist, a social worker, and a chaplain.


    Qualifying for disability benefits with this condition

    Whether or not you qualify for disability and, as a result, are approved for disability benefits will depend entirely on the information obtained from your medical records.

    This includes whatever statements and treatment notes that may have been obtained from your treating physician (a doctor who has a history of treating your condition and is, therefore, qualified to comment as to your condition and prognosis). It also includes discharge summaries from hospital stays, reports of imaging studies (such as xrays, MRIs, and CT scans) and lab panels (i.e. bloodwork) as well as reports from physical therapy.

    In many disability claims, it may also include the results of a report issued by an independent physician who examines you at the request of the Social Security Administration.



    Qualifying for SSD or SSI benefits will also depend on the information obtained from your vocational, or work, history if you are an adult, or academic records if you are a minor-age child. In the case of adults, your work history information will allow a disability examiner (examiners make decisions at the initial claim and reconsideration appeal levels, but not at the hearing level where a judges decides the outcome of the case) to A) classify your past work, B) determine the physical and mental demands of your past work, C) decide if you can go back to a past job, and D) whether or not you have the ability to switch to some type of other work.

    The important thing to keep in mind is that the social security administration does not award benefits based on simply having a condition, but, instead, will base an approval or denial on the extent to which a condition causes functional limitations. Functional limitations can be great enough to make work activity not possible (or, for a child, make it impossible to engage in age-appropriate activities).



    Why are so many disability cases lost at the disability application and reconsideration appeal levels?

    There are several reasons but here are just two:

    1) Social Security makes no attempt to obtain a statement from a claimant's treating physician. By contrast, at the hearing level, a claimant's disability attorney or disability representative will generally obtain and present this type of statement to a judge.

    Note: it is not enough for a doctor to simply state that their patient is disabled. To satisy Social Security's requirements, the physician must list in what ways and to what extent the individual is functionally limited. For this reason, many representatives and attorneys request that the physician fill out and sign a specialized medical source statement that captures the correct information. Solid Supporting statements from physicians easily make the difference between winning or losing a disability case at the hearing level.

    2) Prior to the hearing level, a claimant will not have the opportunity to explain how their condition limits them, nor will their attorney or representative have the opportunity to make a presentation based on the evidence of the case. This is because at the initial levels of the disability system, a disability examiner decides the case without meeting the claimant. The examiner may contact the claimant to gather information on activities of daily living and with regard to medical treatment or past jobs, but usually nothing more. At the hearing level, however, presenting an argument for approval based on medical evidence that has been obtained and submitted is exactly what happens.


    About the Author: Tim Moore is a former Social Security Disability Examiner in North Carolina, has been interviewed by the NY Times and the LA Times on the disability system, and is an Accredited Disability Representative (ADR) in North Carolina. For assistance on a disability application or Appeal in NC, click here.







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