Appealing a SSA Decision With a Stroke

If you have suffered a stroke that has left you with either long-term or permanent problems that make working and earning a living impossible, you will want to apply for Social Security Disability benefits.

The Social Security Administration (SSA) oversees disability programs that offer monthly benefits to disabled workers. If your claim is denied during its initial review, you should not be discouraged. Most claims, about 70% of them, are denied during the initial review process. You should not give up, but instead, file an appeal and have your claim reconsidered.

How To Appeal the Decision

When a claim is denied, the SSA will send out a notice of denial. This notice will explain why your claim was denied, so you can gather the needed information to resolve that issue.

Your letter will also specify how long you have so you can file your appeal, which is called a request for reconsideration. If you do not file your appeal by the deadline, your claim will be dismissed, and you will have to start the process all over. It is in your best interest to file the appeal.

You will need to review the Blue Book listing for your specific medical condition, which is a stroke. You will need to gather all the supporting medical evidence that shows your condition the criteria that are listed in the book to get the claim approved. You may also want to retain a disability attorney.

Claimants represented by a lawyer may be more likely to have their claim approved and be awarded disability benefits. Your attorney will review all the details and make sure you have everything in order to get a fair review of your disability claim for a stroke.

Appealing an SSA Decision With a Stroke

Blue Book For Condition

The medical guide used by the SSA to determine if a claimant qualifies for disability benefits is called the Blue Book. Disability claims for strokes are reviewed through Section 11.04. To meet the criteria of the claim, you must prove that your ability to speak or write is severely impaired or lost entirely or that you have pronounced issues with controlling or coordinating movements with at least two extremities.

If you cannot qualify using other listings. If the stroke affected your vision, you may qualify using Sections 2.02, 2.03, or 2.04, or if you suffered hearing loss you may meet the criteria of Section 2.10.

Consider an RFC

If you are disabled because of a stroke, but you cannot meet the criteria of a listing, you can apply using a residual functional capacity (RFC) in conjunction with a medical vocational allowance. Your treating physician will complete the RFC and detail what you can and cannot do. The RFC is considered with your age, work history, educational background, transferrable skills, and other details to determine if you are capable of working and earning a living.

Don’t Try It Alone

Make sure you use all the resources that are available to you. You should continue with medical care and adhere to doctor’s orders. You should retain a lawyer because claimants represented by an attorney are much more likely to be awarded disability benefits. Fill out the Free Case Evaluation today.

Additional Resources