Jorgensen Law

Social Security Disability and a Stroke

A stroke can cause a disability that is eligible for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits.

Josh, in Mission Viejo, CA, says “my father suffered a stroke and is unable to work, will he be eligible for Social Security Disability?”

Yes, a stroke can cause a disability that is eligible for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits. If the claimant has all the symptoms that match the stroke listing in the list of impairments, then he/she will probably be awarded disability benefits. If the claimants’ symptoms don’t match the stroke listing exactly, then the examiner might give a medical vocational allowance and approve the claim.

Stroke is found in section 11.04 of the listing of impairments. Section 11 describes Neurological disabilities and section 11.04 describes Central Nervous System Vascular Accident (a stroke). This is what 11.04 says:

11.04 Central nervous system vascular accident. With one of the following more than 3 months post-vascular accident:

A. Sensory or motor aphasia resulting in ineffective speech or communication; or

B. Significant and persistent disorganization of motor function in two extremities, resulting in sustained disturbance of gross and dexterous movements, or gait and station (see 11.00C).

If you apply for disability very soon after the stroke occurred, then it might take longer than normal for your application to be processed. According to section 11.04, more than 3 months must pass before a decision can be made on disability. This is mainly because not all strokes are the same, some are more severe than others. After 3 months, doctors should have a good indication of the recovery time frame, and the ability of the stroke victim to perform simple tasks.

If you, or someone you know, are filing a disability claim for SSDI or SSI benefits, or if you have been denied disability benefits, talk with an experienced disability attorney who can help you with your case. Hiring an attorney to help you with a disability claim will greatly improve your chances of being awarded benefits. Click here to schedule a free consultation with an experienced disability attorney in the San Diego & Los Angeles area, and all of Southern California.