Disability Benefits After a Stroke

Disability Benefits After a Stroke


Disability Benefits After a Stroke

Attorney Chad Delesk of Balin Law discusses what Social Security requires to approve Disability Benefits after having a Stroke.
The severity of the stroke and how long the impairment is expected to last is the main factor in Social Security’s decision to approve benefits.
Chad reviews what that means exactly per Social Security’s rules, and provides details on all of the SSA’s requirements for Disability Benefits - in general as well as specifics unique to strokes.


Content

23.49 -> Hi, my name is Chad Delesk.
24.82 -> I'm an associate attorney with the Law Offices of
28.11 -> Paulette Balin and Associates
29.997 -> and I'm making this video today to talk to you about strokes.
33.96 -> A lot of times I have clients call me and ask me whether or not they can get disability
38.97 -> benefits based upon them having a stroke.
41.85 -> Now, the simple answer to that is yes.
44.629 -> The long answer is, well, it depends and it really depends on the severity of your stroke
50.16 -> and how long that severity is expected to last.
53.54 -> To be able to qualify for disability benefits with the Social Security Administration, you
58.89 -> have to show that you have a physical and or mental impairment that significantly impacts
64.18 -> your ability to perform work on a sustained basis for at least a duration of 12 months,
69.68 -> or be expected to result in death.
72.3 -> Now there's actually two ways that we assess strokes with Social Security.
78.08 -> One is under the medical listings and Social Security publishes what they call the listing
83.63 -> of impairments and it's exactly that.
85.7 -> It's a list of various impairments under different body systems and it lists out criteria that
92.009 -> you need to meet in order to establish disability.
94.49 -> Now, there's actually one on point for strokes, which is under listing 11.04.
99.249 -> I'm just going to read from it directly here, because it does get complicated here as far
104.81 -> as what it requires.
106.289 -> There's actually three sub parts to it, A, B and C and if you meet any of those, either
114.07 -> A, B or C Social Security will automatically find that you're disabled.
118.89 -> Now under A, it requires sensory or motor aphasia resulting in ineffective speech or
125.119 -> communication and that has to persist for at least three months after the original stroke.
132.33 -> What does that mean?
133.33 -> Well, Social Security does provide some examples of what that means.
137.68 -> Inability to follow one step commands is an example or inability to tell someone your
143.45 -> basic personal needs without assistance is another example.
148.03 -> So that's the first criteria that you could possibly meet.
150.96 -> The second under B is disorganization of motor function in two extremities and that's important.
158.45 -> The two extremities part.
161.22 -> Resulting in an extreme limitation in the ability to either stand up from a seated position,
169.51 -> to balance while standing or walking or use the upper extremities.
175.11 -> Again, this must persist for at least three months after the insult.
184.41 -> So the first part that I emphasize under part B is the two extremities.
189.68 -> So you must have two extremities that are extremely limited and it could be both legs.
195.82 -> It could be both arms or it could be one arm and one leg.
201.3 -> Examples would be inability to stand up from a seated position, which means that once you're
205.64 -> seated in order to stand up you either need assistance from another individual or you
211.341 -> need an assisted device such as two canes or a walker.
215.32 -> Okay, that would satisfied that criteria.
217.98 -> The other was balance while standing or walking.
220.9 -> So you cannot remain upright without assistance from an assisted device and it has to be either
226.85 -> two canes, two crutches or a walker, so that you're using both of those upper extremities.
231.92 -> Remember we need two upper extremities involved.
235.2 -> The third was use of the upper extremities.
238.22 -> So both arms are significantly impacted to where you have difficulty feeling, fingering,
243.41 -> grasping, reaching, lifting, carrying.
245.32 -> Now that's under part B.
249.05 -> The third part is part C, which requires marked limitation in physical functioning.
255.48 -> Again, I'm going to read from this and in one of the following areas of mental functioning.
260.079 -> So it's a hybrid situation.
261.93 -> So the physical limitations don't rise to the level of being extreme.
267.33 -> So Social Security has a five point system where they rate severity.
273.41 -> It goes none, mild, moderate, marked and extreme.
277.61 -> So we talked about extreme, which was in the last subset under B, and that's a complete
284.229 -> inability to do those functions.
286.05 -> Now marked is a little bit less, it's one rung below extreme and that is seriously impacted.
292.319 -> That's what that means.
293.78 -> That's how Social Security defines it.
295.17 -> It's very murky, but marked limitation in physical functioning.
300.409 -> What are examples of that?
302.21 -> Well, it could be uncorrectable blurred vision, double vision.
307.659 -> It could be difficulty breathing and you need to use a portable CPAP machine, or it could
315.06 -> be episodes of aspiration that happen at least once a week.
321.11 -> So that would fulfill the marked limitation in physical functioning.
325.3 -> The areas of mental functioning that Social Security looks at, there's four areas.
330.389 -> One is understanding, remembering, or applying information.
334.1 -> Another is interacting with others.
335.879 -> A third is concentrating, persisting and maintaining pace.
340.63 -> The last is adapting or managing one's self.
344.319 -> So you need a marked limitation in one of those mental areas.
347.71 -> So that's why I say it's a hybrid because they're combining both the physical and the
351.819 -> mental functioning to find that you meet this criteria.
356.6 -> Now, what I gave there was one overall way that they could find you disabled based upon
362.629 -> meeting one of these listings.
364.69 -> Like I said, they have one for stroke.
367.159 -> The other way is they look at what limitations flow from your stroke and any other impairments
372.58 -> that you have.
373.919 -> Then they determine what limitations you have and then in turn, what jobs might be out there
378.8 -> for you.
379.8 -> Now, you may not meet or equal one of these listings, but you might be so significantly
384.689 -> impacted by your stroke and other conditions that you cannot perform any work.
389.9 -> One of the things we typically talk about is off task behavior or absenteeism.
394.909 -> So maybe you're so fatigued, or maybe you have cognitive deficits that don't quite rise
399.909 -> to the level of meeting a listing, but they still cause you to be off task at work.
406.169 -> Most of the time, if you're off task anywhere from 10 to 20% or more of the time, Social
410.449 -> Security will come back and say that you can't perform any work.
414.599 -> Similarly, if you have limitation to just one upper extremity, say it's your dominant
419.87 -> arm and you can't use it.
421.789 -> Well while you're not impacted in two extremities, most jobs require pretty frequent use of both
426.47 -> of your upper extremities.
428.93 -> So if you can't use your dominant hand, there's probably not a whole lot of jobs out there
431.99 -> that you can do.
434.259 -> There's other impairments and limitations that could affect your ability to work and
438.68 -> we want to make sure that we cover all those because the more conditions you're treated
442.3 -> for the less number of jobs Social Security will be able to say that you can do.
446.569 -> Now, if you have any questions about stroke and qualifying for disability benefits, please
453.49 -> reach out to us at any time.
454.809 -> We can also help you file an initial application.
458.089 -> We can be reached at 866-49-BALIN, B-A-L-I-N.
459.83 -> Of course, you can go to our website, Balinlaw.com.
465.05 -> You can use a chat feature or you can send us an email and we'll be in contact with you
469.85 -> as soon as possible.
470.85 -> Thank you.

Source: https://www.youtube.com/watch?v=yJ1mxN08NE0