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Stroke is the leading cause of disability in the United States, according to the National Stroke Association. More than two thirds of the people who survive a stroke end up with some sort of disability. The type of disability and the impact of the disability on a stroke survivor’s life depend on which part of the brain was deprived of oxygen during the stroke and how long the oxygen deprivation lasted.

There is a significant range of disabilities that can result from a stroke, and not everyone with a disability is eligible for Social Security disability.

Are You Eligible?

You may be eligible for Social Security disability benefits if you:

  1. Meet the requirements of Section 11.04(A) in the Listing of Impairments. A stroke survivor may be eligible for benefits pursuant to Part A if he has sensory or motor aphasia resulting in ineffective speech or communication that lasts for at least three consecutive months after the stroke.
  2. Meet the requirements of Section 11.04(B) in the Listing of Impairments. A stroke survivor may be eligible for benefits pursuant to Part B if he has disorganization of motor function in two extremities resulting in an extreme limitation in the ability to stand up from a seated position, balance while standing or walking, or using the upper extremities, and this lasts for at least three consecutive months after the stroke.
  3. Meet the requirements of Section 11.04(C) in the Listing of Impairments. A stroke survivor may be eligible for benefits pursuant to Part C if he has marked limitation in physical function and in one of the following areas of mental functioning: (1) understanding, remembering, or applying information; (2) interacting with others; (3) concentrating, persisting, or maintaining pace; or (4) adapting or managing himself. Both the physical and mental limitations must persist for at least three consecutive months after the stroke.
  4. Meet the requirements of another listing in the Listing of Impairments. Even if you don’t meet the requirements of Section 11.04, your stroke may have left you with a disability that meets another listing. For example, if you lost your vision because of your stroke, you may be eligible pursuant to a listing in Section 2.00.
  5. Have a condition that is equal in severity to a listing in the Listing of Impairments. Even if your condition does not meet the technical requirements of a listing in the Listing of Impairments, you may be eligible for benefits if you can prove that the stroke’s effect on your life is equal in severity to a specific listing.
  6. Your physical condition makes you unable to work. Finally, the Social Security Administration may find that you are eligible for Social Security disability if you can prove that you are unable to work enough to engage in substantial gainful activity because of the disability caused by your stroke.

Social Security disability can be a significant benefit to you after you have been left disabled by a stroke, but your eligibility is not automatic. To learn more about whether you may qualify for benefits, please contact us today via this website or by phone to schedule an initial meeting.

Morgan & Weisbrod LLP

by Paul B. Burkhalter
Managing Partner of Morgan & Weisbrod, Board Certified in Social Security Disability Law.

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