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YOU HAD A HEART ATTACK? CAN YOU GET DISABILITY?

HEART ATTACK AND DISABILITY BENEFITS

You had a heart attack and you want to know if you qualify for disability benefits. It is a good question. And the answer depends on whether your heart condition impacts your ability to function.  A heart attack can be a serious, disabling event.

Some people will recover within a reasonable time and be able to resume their normal activities. Other people, however, have severe heart disease and symptoms which keep them from working.

If you need an attorney to help you apply for disability benefits, click here to contact Cannon Disability Law. We will give you a free consultation over the phone to see if you are eligible for benefits.

HOW WILL THE SSA EVALUATE YOUR HEART ATTACK?

The SSA will evaluate your heart condition for at least 3 months after a heart attack. They will be looking, for example, at your physical ability to exert yourself after the heart attack. Medical records from your doctor will show whether you can exert yourself without shortness of breath, chest pain, or similar symptoms.

The forms you complete and send to the SSA influence the disability decision.  Here is more more information about how to  appeal your disability denial from the SSA. Likewise, your hearing testimony about your heart impairments can make the difference between winning and losing your disability case. Additionally, here is information about  what questions the judge will ask at your disability hearing.

SSA publishes a cardiovascular listing that includes heart attack as a disability. Under the Cardiovascular System, Listing 4.04 – Ischemic Heart Disease, the SSA recognizes certain tests and symptoms that equate to a disability.

heart attack man chest painHEART ATTACK SYMPTOMS 

Listing 4.04 (A) states in order to receive disability benefits, you must have the following symptoms due to “myocardial ischemia.” For example, you must have:

  • angina pectoris, which is chest discomfort caused by activity or emotion and quickly relieved by rest (or rapidly acting nitrates such as nitroglycerin tablets)
  • atypical angina, which is pain or discomfort in places other than the chest, such as the inner left arm, jaw, neck, back and upper abdomen
  • “anginal equivalent,” which is shortness of breath on exertion, but with no complaints of chest pain or discomfort
  • variant angina, which is episodes of angina at rest due to spasm of a coronary artery (this should be demonstrated by transient ST segment elevation on an electrocardiograph (ECG)), or
  • silent ischemia, which is the occurrence of myocardial ischemia or myocardial infarction without any pain or other symptoms.

In addition to the symptoms of myocardial ischemia, Listing 4.04 also requires you to have one of the following: either an abnormal stress test, ischemic episodes, or abnormal imaging results — as follows:

Abnormal Stress Test Can Demonstrate a Heart Attack

An exercise tolerance test at a workload equal to 5 METS or less, resulting in at least one of the following abnormalities:

  1. Horizontal or downsloping ST segment depression of at least -0.10 millivolts (-1.0 mm) (without the presence of digitalis glycoside treatment or low blood potassium), lasting for at least 1 minute into the recovery period
  2. At least 0.1 millivolt (1 mm) of ST segment elevation during exercise, which lasts 1 minute or more into the recovery period
  3. Decrease of systolic pressure of 10 mm HG or more below the baseline level or below the preceding systolic pressure recorded during exercise due to dysfunction of the left ventricle, despite a workload increase, or
  4. Ischemia documented at an exercise level of 5 METS or less on proper medically acceptable imaging, such as stress echocardiography.

Ischemic Episodes

Three separate ischemic episodes within a consecutive 12-month period. Each episode must require revascularization or not be amenable to be revascularization. Revascularization means angioplasty or bypass surgery.

Signs & Symptoms of an Ischemic Stroke

  • A severe headache without a known cause.
  • Confusion or disorientation.
  • Numbness or weakness of the face, arm or leg. This may occur on one side of the body.
  • Trouble seeing out of one or both eyes.
  • Trouble walking, dizziness, loss of balance or lack of coordination.

CORONARY ARTERY DISEASE – LISTING 4.04C

Finally, one can be found disabled if an angiography shows evidence of arterial disease. Listing 4.04C requires evidence of  coronary artery disease, demonstrated by angiography or other appropriate medically acceptable imaging, as follows:

1. Angiographic evidence showing:

a. 50 percent or more narrowing of a nonbypassed left main coronary artery; or

b. 70 percent or more narrowing of another nonbypassed coronary artery; or

c. 50 percent or more narrowing involving a long (greater than 1 cm) segment of a nonbypassed coronary artery; or

d. 50 percent or more narrowing of at least two nonbypassed coronary arteries; or

e. 70 percent or more narrowing of a bypass graft vessel; and

2. Resulting in very serious limitations in the ability to independently initiate, sustain, or complete activities of daily living.

ACTIVITIES OF DAILY LIVING AFTER A HEART ATTACK

The medical record must show that your heart effects your ability to complete activities. For example, if you have ongoing heart disease, you might have difficulty shopping or walking upstairs.

Likewise, you would have difficulty lifting heavy or even light objects. Exerting yourself probably causes chest pain. You could also have chest pain or shortness of breath, during the day or night. Or, you may have shortness of breath without exertion.

Make sure you talk to your doctor about how your heart attack. Also, talk to your doctor about how your ongoing heart disease is impacting your ability to do chores. Be sure to tell your doctor how you cannot take care of yourself and your family.

THE IMPACT OF A HEART ATTACK ON YOUR RESIDUAL FUNCTIONAL CAPACITY

If you cannot do chores around the house, then chances are good you will not be able to return to work. Your doctor needs to document these impairments in your medical record.

The reason it is important for your doctor to discuss your limitations in the medical record is to document your residual functional capacity (RFC).

The RFC is the medical assessment of what you can physically and mentally do in a work setting. It is the definition of your functional limitations after taking into account all of your impairments.

Your RFC after your heart attack includes both your physical and mental limitations. In terms of physical limitations, the SSA tries to define your ability to sit, stand, walk, and lift, during the course of an 8 hour workday. Likewise, the SSA will include your ability to carry, pull, and push. Find out more about how the SSA defines work here.

Your RFC limits the type of jobs that you can perform. The judge determines your RFC after reading your medical records and listening to your hearing testimony. If you have had a heart attack, then your RFC make be very limited. You can learn more about your residual functional capacity here.

CANNON DISABILITY’S REPRESENTATIVES

You need disability benefits after a heart attack. Additionally, you need an attorney. If you want to learn more about the representatives at Cannon Disability Law, then read our About Us page. There you will find more information about our representatives. For example, Andria Summers can help you with your Medicare plan. Likewise, she has also won thousands of disability cases.

Dianna Cannon has many years of experience representing disability claimants. She has been an attorney for thirty years. Ms. Cannon also has bar licenses in 4 states. For example, she has a law license in California, Utah, Nevada, and Washington State.

Additionally, Brett Bunkall also has significant experience helping people obtain their SSI and SSD benefits. Mr. Bunkall has won thousands of disability hearing. He is an expert. Similarly, all of our representatives are experts. You can trust us to help you receive disability benefits after a heart attack.

CONTACT CANNON DISABILITY LAW 

Cannon Disability’s attorneys have over 30 years of experience representing people seeking disability benefits. That is why you should hire us.

When you are hiring an attorney to help you after your heart attack, hire the attorney with the most experience. Also, look to hire an entire legal team. No successful attorney works alone.

At Cannon Disability, we have an excellent team. We have worked together on SSD cases for years. Additionally, we pride ourselves on customer service. All of us will do our best for you.

If you cannot work after a heart attack, contact Cannon Disability Law. We can help.  Even though it is can be difficult to win benefits, Cannon Disability Law will do everything we can to help you apply and appeal any SSA denial.

Also, we are happy to answer your questions. Contacting us about your case is free. We will not charge you for a consultation. Many people contact us and ask us questions. We will answer your questions for no charge. However, we do not accept representation in every disability case.

We can only become your legal team if we believe you have a qualifying disability. If you have had a heart attack and not been able to recover your health, call us today. See if you qualify for Social Security Disability benefits after your heart attack.

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