The Social Security Administration considers your ability to engage in any kind of work when it determines whether you are disabled under the Social Security Administration’s guidelines and regulations. A few conditions are so severe that you are presumed to be disabled if you meet certain guidelines, either under the “compassionate allowance”, which are extremely severe conditions, or if you meet certain “listings”. Most of the listings are very complex and require proof of several objectively verifiable conditions or findings. Both the compassionate allowances and the listings can be found on the Social Security web site.
The Social Security Administration considers a stroke–cerebrovascular accident or CVA—as it affects your ability to work. There are several grades of CVA, and many doctors have 5 grades, with 5 being the most severe. As a general matter you will meet the listing for stroke if you have sensory aphasia resulting in ineffective speech or communication more than 3 months after your stroke. Aphasia is when you have a difficult time comprehending or expressing language. The aphasia must be so severe that you have ineffective communication with other people. Getting complete medical documentation is very important so you have both a diagnosis and assessment of your residual functional capacity in your SSA file.
You can also meet a stroke listing if two major areas of motor limitations as established, suich as two arms, two legs, or one leg and one arm. The same-sided paralysis is most common, due to the nature of a CVA.
If you do not meet a listing having your doctor fully evaluate you is important so there is some measure of your exertional limitations. This often includes evaluation of your ability to walk and testing of your balance. All of these factors should be considered as to your functional restrictions in a work setting.
If you meet the definitions in the listing as to how disabling the condition is you may entitled to Social Security disability benefits. You may also be entitled to benefits if your condition medically equals a listing, or if it otherwise prevents you from being able to engage in substantial gainful activity.
We will be happy to discuss your condition and to evaluate your claim. Please click here to fill out our interactive contact form and we will get back to you promptly to discuss your Social Security disability claim, give you a free evaluation of your case, and let you know what we can do for you. You can also call us at (303) 996-0700.
Nothing contained on this web site should be construed to constitute legal advice or to create an attorney client relationship. The relationship is only created by written agreement signed by the client and the law firm. Please contact us for a conference to further discuss your claim.