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You can claim Social Security Disability benefits after a stroke, but only if you prove that the effects of your stroke will leave you unable to work for 12 months or longer.
You may experience physical weakness or have trouble balancing. The physical symptoms of a stroke also can cause stress and create mental health struggles.
But even if you think that it’s obvious that your symptoms are severe enough to stop you from working, Social Security may not see it that way. Most disability claims are denied.
You shouldn’t despair if your initial claim gets rejected. Work with an experienced Binghamton disability lawyer who can help you win Social Security Disability Insurance (SSDI) benefits on appeal.
The disability attorneys of Lachman & Gorton have been helping people across the region win disability benefits for 35 years.
We understand how this system works. And we work hard to win you monthly payments and health care coverage to get back on your feet.
You’re probably worried about your finances. You may think you can’t afford a lawyer, but you don’t have to worry. In Social Security Disability cases, you pay an attorney fee only if you win benefits.
It won’t cost you anything to talk to us about your appeal.
A stroke is like any other medical condition. You can apply for benefits as long as you meet Social Security’s definition of disability, meaning that your health problem prevents you from working any substantial amount for 12 months.
Suffering from a stroke can make it difficult to do a job if you’re having these symptoms:
The trauma of having a stroke can lead to mental health issues, like depression, that also make handling work tasks more difficult. Depression is a condition that qualifies for disability benefits, too.
There’s one unique wrinkle for stroke disability claims. The Social Security Administration (SSA) won’t evaluate your claim until at least three months have passed since your stroke.
This is because many people recover from strokes and regain enough function to work again.
But even if you apply after three months because treatment and the passage of time haven’t improved your symptoms enough for you to work, you could still be denied disability benefits.
Getting denied is extremely common, so common that it is almost an expected step in the disability benefits process.
You have opportunities to appeal, which may be when you really have the best chance of winning benefits. You shouldn’t do it on your own. Let our Upstate New York disability lawyers help you.
Schedule a FREE disability appeal consultation today.
When you try to qualify for disability benefits after a stroke, a claims examiner may understand that your symptoms can make some types of work difficult. But their goal is partly to identify a job that you could still do to support yourself.
They want to see what kind of tasks you can handle despite your symptoms and your mental and physical limitations. This is commonly called your residual functional capacity (RFC).
Social Security wants answers to questions like:
The disability attorneys of Lachman & Gorton have extensive experience with RFC assessments and what you need for a successful disability claim.
We won’t just help you describe your symptoms. We’ll help draw a connection between those symptoms and how they interfere with common work tasks.
Your mobility issues can make it difficult to stand, walk or lift objects. Aphasia can make it impossible to communicate with coworkers or members of the public through speaking or writing.
Even in physically light office jobs, numbness and paralysis can make key tasks like typing on a computer or holding a pen difficult.
Our Upstate New York disability lawyers work with you to describe how your stroke has affected you and why you deserve the financial relief that SSDI benefits can provide.
The Lachman & Gorton team will also help you back up your claim with medical evidence, like assessments from your doctor, hospitalization records and information about what treatments and therapies you’ve tried.
Applying for benefits takes significant time, and it’s easy to make mistakes. The process can be stressful, especially when you’re already worried about your health and finances.
Appealing a denied disability claim is even trickier. There’s a tight deadline to request an appeal (just 60 days), and each stage of the process gets more legalistic and complex as it goes on.
We don’t recommend appealing a denial of benefits on your own. Let our team help you.
A Binghamton disability attorney can:
Not every lawyer can help with every stage of your disability appeal, but the team here at Lachman & Gorton can.
Disability attorney Peter Gorton takes more than 75 cases to federal court each year. Other law firms even refer their clients to us when they reach that part of their disability appeal.
It’s not easy to win SSDI benefits on appeal, but we’ll be with you every step of the way.
We’ve helped many people in Binghamton, Elmira and across Upstate and Western New York receive monthly payments and medical coverage that made a big difference in their lives.
If you’ve been denied benefits, schedule your free, no-obligation consultation with our team right away.