Cannon Disability Law

STROKE DISABILITY BENEFITS

Dianna Cannon

CAN YOU GET DISABILITY BENEFITS FOR A STROKE?

If you are suffering severe stroke symptoms and cannot work, then you can apply for stroke disability benefits. However, you must be unable to work for over 12 months in order to win Social Security benefits. You can apply for SSDI benefits and Supplemental Security Income benefits. The two benefits have different rules. For SSDI benefits, you must have paid taxes for many years. SSI benefits, on the other hand, are for people who have very little work, have never worked, and who have few assets.

Cannon Disability Law can help you apply for SSDI and SSI benefits. We usually help you file an application on the Social Security website. Helping our clients file their SSD application is only one thing we do for you. We will also appeal any denials you receive from the SSA.

If you have had a stroke and can’t work, then hire our SSD law firm. We will use our legal knowledge to help you win disability benefits.

WHAT IS A STROKE?

When the blood supply to part of your brain is interrupted it prevents brain tissue from getting oxygen and a stroke occurs. Brain cells begin to die in only minutes. A stroke is a medical emergency. Prompt medical treatment is crucial. Quick medical treatment can reduce brain damage. Stroke is the fifth leading cause of death. However, fewer Americans die of stroke now than in the past.

THERE ARE THREE MAIN TYPES OF STROKES:

No matter what type of stroke you have, it can be fatal. According to the American Heart Association (AHA), the mortality rate for 2017 was 37.6 in every 100,000 strokes.

TESTING FOR A STROKE

There are a number of tests that the doctor can do to see if you are having a stroke. Here is a list of most of them. Usually, you do not have all of these tests at the hospital. However, some of them will be done to see if you have suffered a stroke.

TESTING DONE AT THE HOSPITAL

STROKE TREATMENT 

TREATMENT FOR ISCHEMIC STROKE

To treat an ischemic stroke doctors must quickly restore blood flow to your brain. This may be done with:

TREATMENT FOR HEMORRHAGIC STROKE

Treatment of hemorrhagic stroke focuses on control of bleeding and reducing pressure in your brain. This treatment is emergency treatment and includes:

OTHER PROCEDURES BESIDES SURGERY

STROKE RECOVERY AND REHABILITATION

After emergency treatment, your doctor will monitor you for at least a day. After that, stroke care focuses on helping you recover as much function as possible. Also, the doctors focus on returning you too independent living. However, you ability to be independent depends on the area of the brain damage from the stroke.

If your stroke was on the right side of your brain, then it will affect the movement and feeling on the left side of your body.  For example, you may have seen people with a stroke who can no longer use their left arm. If your stroke was on the left side of your brain, it will affect the movement and sensation on the right side of your body. Additionally, brain damage from a stroke on the left side of your brain may cause speech and language disorders.

THERAPY, TREATMENT AND SSD BENEFITS

Most stroke survivors go to a physical therapy program. Your doctor will recommend a therapy program that is good for you. The doctor will consider your overall health and your degree of disability from the stroke. Also, your doctor will consider whether you have family members to help you. If you are active and love to golf, run, or ski, then you may need extensive treatment. If you lead a more sedentary life, then you may not require as much therapy.

Rehabilitation might begin before you leave the hospital. After leaving the hospital, you might continue your program in a skilled nursing facility. Likewise, there will probably be exercises for you to do at home.

Every recovery from a stroke is different. However, your treatment may include visits with:

NEW TREATMENTS FOR STROKE RECOVERY

Additionally, there are some new treatments for stroke recovery. For example, there is research into stem cell therapy. Some studies explore the use of  stem cells to repair damaged brain tissue. While early results are promising, more research is being done to determine the safety of stem cell treatment for strokes. Additionally, there have not yet been any large scale trials to demonstrate if it is effective.

Studies also find that stroke survivors who do short, intense workouts can experience improvements in fitness and health. For instance, engaging in a 19 minute HIIT session three times a week for 12 weeks led to nearly double the fitness gains for stroke survivors. This is in comparison to moderate intensity workouts. These findings suggest that HIIT can be beneficial for stroke recovery.

These studies show significant strides in stroke treatment and offer new avenues for recovery to stroke survivors.

HOW TO PREVENT A STROKE 

You cannot always prevent a stroke. Obviously, sometimes a stroke just happens despite making healthy choices. However, the best way to try to prevent a stroke is to address the causes. People do this by making healthy choices. For example, they:

Also, eating a healthy diet can help you avoid a stroke. This means eating:

A good diet limits the amount of red meat and junk food that you eat. You should also avoid eating fatty foods too. This helps you avoid high cholesterol. You want to avoid fat intake so you are less likely to have a stroke. Also, it is wise to have some salt intake, as this supports healthy blood pressure. You can also do other things to help reduce the risk of stroke including:

WHAT ARE THE RISK FACTORS AND CAUSES OF A STROKE ?

There is no set list of risk factors that proves your stroke will result in being unable to work. Each type of stroke has a different set of potential causes. Likewise, a stroke has different long term symptoms which depend on the person who has the stroke. However, a stroke is more likely to cause disability if you have the following factors:

According to National Center for Biotechnology information, a 2016 study shows that African American people have a higher risk of experiencing a first time stroke. Additionally, they are also 60% more likely to experience another stroke within 2 years. African Americans in the study had higher levels of prior stroke, diabetes, and smoking. However, they had a lower level of heart disease. Additionally, African Americans had a higher risk of having a second stroke. If you are African American, do what you can to be healthy. That will help you avoid a stroke.

SYMPTOMS THAT YOU ARE HAVING A STROKE

According to the Centers for Disease Control and Prevention (CDC) over a third of people who experience a TIA, or ministroke, have a major stroke within a year. This occurs if they do not receive any treatment. Therefore, around 10 to 15% of people will have a major stroke within 3 months of experiencing a TIA. It is crucial to seek treatment if you have a TIA. If you think you have had a TIA, then talk to your doctor right away.

The symptoms of a stroke or TIA can occur without any warning. Some of the main symptoms include:

Having a stroke can lead to long term health conditions. Some people may experience:

THE “FAST” ACRONYM – IT HELPS YOU KNOW IF YOU ARE HAVING A STROKE

Learning the acronym “FAST” is a good way to remember the symptoms of stroke. This can help a person seek prompt treatment. FAST stands for:

The outcome depends on how quickly you receive treatment. Prompt medical attention also means you will be less likely to experience permanent brain damage or death. Depending on the speed of stroke treatment, a person can experience temporary or permanent symptoms after a stroke.

SSD BENEFITS UNDER SSA’S LISTING 11.04

The SSA has a list of medical conditions that win benefits. Stroke is on their list. The SSA calls it vascular insult to the brain. The only time the SSA will pay benefits for a stroke is when the symptoms of your stroke are severe and are going to last longer than 12 months. For example, if you have a stroke, then you meet listing 11.04(A) if you are not able to communicate for at least three months after the stroke. The elements of the listing are found below:

STROKE LISTING 11.04

11.04 Vascular insult to the brain under A, B, or C:

A. Sensory or motor aphasia that results in ineffective speech or communication that lasts for at least 3 months in a row after the insult.

OR

B. Disorganization of motor function in two extremities, that results in an extreme limitation in the ability to stand up from a seated position, balance while standing or walking, or use the upper extremities, that lasts for at least 3 months in a row after the insult.

OR

C. Marked limits in physical function and in one of the following areas of mental function, both persisting for at least 3 months in a row after the insult:

  1. Understanding, remember, or apply information; or
  2. Interact with others; or
  3. Concentrate, persist, or maintain pace; or
  4. Adapt or manage oneself.

If you meet the above listing, then have your doctor write a statement that you are not able to work. Learn what it takes to meet SSA’s listing in the Blue Book. The statement from your doctor should include a discussion of your stroke symptoms and how they impact your ability to sit, stand, walk, and lift. Your ability to talk may also be on that list. Finally, if you have memory problems, then have your doctor write about it. Learn about traumatic brain injury after a stroke.

RESIDUAL FUNCTIONAL CAPACITY (RFC) AFTER A STROKE

If you do not have a doctor who can submit medical information, then you can visit a free SSA doctor. Find out about the free SSA doctor exam. It is important to have your doctor discuss your limits after a stroke to help you win benefits. Especially, if you do not meet listing 11.04 under step three of the review process.

If you do not meet or equal listing 11.04, then you can still win benefits using your RFC. The RFC is SSA’s idea of what you can physically do in a work setting, after taking into account all of your symptoms.

Your RFC includes both your physical and mental symptoms. In terms of physical limits, the SSA defines your ability to sit, stand, walk, and lift, during an 8 hour workday. Likewise, the SSA includes your ability to carry, pull, and push. Find out how the SSA defines work. You need your doctor to write that you cannot perform sedentary work.

In order to figure out your physical RFC, the SSA will examine your medical records. They will take into account the symptoms your doctor describes in your medical records. Also, the SSA will review any statements from the SSA’s doctors.

The SSA will also consider descriptions about your limits from your family and friends. For example, your family and friends could write statements about how your stroke limits you in your daily life. Find out how your RFC along with age can prevent you from working. Also, find out about SSA’s Medical Vocational Guidelines. If your stroke symptoms limit you, then hire an attorney to document those facts for the SSA.

WE CAN HELP YOU WIN SSD BENEFITS 

At our law firm, we can help you file for SSD benefits after a stroke. Also, we can help you appeal a denial from the SSA. Likewise, we can represent you in court.  If necessary, we can also appeal your case to the Appeals Council. Additionally, we can file an appeal in Federal Court. We can represent you not matter where you live. For example, we have clients in Utah, Nevada, Colorado, Idaho, and California.

Additionally, we bring over 60 years of legal experience to your case. For instance, Dianna Cannon has been helping her clients win SSD benefits for over thirty years. Brett Bunkall and Andria Summers also have many years of legal experience. Together, we have won over 20,000 SSDI and SSI hearings. You can trust that we will do everything we can to win your SSDI and SSI benefits. Learn about our lawyers on our About Us page.

HOW WILL YOU PAY THE ATTORNEY FEE?

We will use our legal skills to help you through the SSA appeal process. It is our goal to make winning SSD benefits easier for you. That is why it doesn’t cost you upfront money to hire us.

What will it cost you if you don’t hire a lawyer with the legal experience to win your benefits? For example, if you win benefits at 50 years old, then you will be paid for the next 17 years. You may also win two of years of past due benefits. Therefore, if you are 50 years old, then you are seeking 19 years of SSD payments.

Nineteen years is is 228 months. At $1200 a month (which is a lower than average monthly benefit amount), that is $273,600. Additionally, you will win a higher benefit when you retire after the age of 67. Let’s say the higher benefit is $300 a month and you live to be 90 years old. That is another $82,800.

It costs 25% of your back benefit OR $9200 from your back benefit to pay your attorney. You pay us whatever amount is less and only if you win. If we win your case, then you get $356,400, plus early Medicare benefits. Your attorney will be paid $9200.

All attorneys charge the same fee. So, you can go it alone and not hire an attorney, but chances are you will lose. Or, you can hire an attorney with over 30 years of experience with no money upfront. If you win benefits, then you will pay $9200. However, you will also win more than three hundred thousand dollars. The choice is yours. We hope you understand that the cost of a lawyer with over 30 years of legal experience is worth it.

IF YOU HAD A STROKE, THEN HIRE US FOR NO UPFRONT MONEY 

We will use our skills to help you through the SSD appeal process. It is our goal to win your case. But, it also our goal to make it easier for you. We offer a free review of your case. There is no pressure to become a client if you call. You can simply ask questions. We will answer. Even if we don’t accept your case, we will still try to help you.

It also doesn’t cost you any money to hire us. Why? Because you only pay us an attorney fee if we win your case. If we win, then you pay your attorney fee out of your past due benefits. If you do not win, then you do not pay an attorney fee.

How much is the fee? It is 25% of your back benefit or $9200. You never pay more than the cap. And, 25% is usually less than the cap. You will pay whatever amount is less between the two and only if we win your benefits.

If there are costs in your case, then you pay for those costs. But the costs are usually less than $100. Usually the only cost is to pay for medical records. You owe costs whether we win or lose your case.

To hire most lawyers, you have to pay a fee upfront. However, you can’t do that because you don’t have a job. We understand that. Which is why you only pay an attorney fee to us if we win your SSDI and SSI case. If you need stroke SSD benefits, then contact us today.

 

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