Thursday, September 29, 2022

Is A Stroke Classed As A Disability

Don't Miss

How Long Does It Take To Get Disability After A Stroke

What is discrimination arising from disability? | Equality law: discrimination explained

Unfortunately, there is no clear answer on how long it takes to get disability after a stroke, as every case applying for disability is different.

After you send in your initial application for disability after a stroke, you should hear back from the SSA within 3 to 5 months with a decision regarding your claim. If denied, you are able to appeal the SSAs decision which can make the process take longer.

The exact time depends on how long it takes to get your medical records and any other evidence needed to make a decision.

Its recommended to make sure all of your paperwork and medical records are up to date and in order so that the process can go over much smoother.

Denial Due To A Late Application

Many claims are denied because the claimant is applying for assistance too late.

One of the requirements for CPP- D is that the claimant must have been an active contributor to their CPP for 4 out of the last 6 years. If you have not paid into CPP for at least 4 of the previous 6 years, your claim may be denied.

It is still possible to get a provision and qualify for the benefit if this is the reason your claim has been denied. You may be able to qualify with the Late Applicant Provision, which you can find more information about by visiting our free article on Reasons CPP Disability Applications Are Denied.

How Is Bipolar Disorder Diagnosed

The insurance company will require proof of your diagnosis for your bipolar disorder long term disability claim.

The first step in getting the correct diagnosis is to talk to a doctor. Your doctor may conduct a physical examination, an interview, and lab tests.

Bipolar disorder cannot be identified through a blood test or a brain scan, but these tests can help rule out other contributing factors, such as a stroke or brain tumor. If your symptoms are not caused by other illnesses, your doctor may conduct a mental health evaluation. Your doctor may also provide a referral to a trained mental health professional, such as a psychiatrist, who is experienced in diagnosing and treating bipolar disorder.

Your doctor or mental health professional will likely conduct a complete diagnostic evaluation. A careful and complete history of symptoms is needed to assure your bipolar disorder is not mistakenly diagnosed as a major depressive disorder.

In addition, your doctor or mental health professional will likely discuss any family history of bipolar disorder or other mental illnesses. Your doctor or mental health professional may also talk to your close relatives or spouse to see how they describe your symptoms and family medical history.

Recommended Reading: Va Rating For Back Problems

Proving Your Condition Is Severe Or Prolonged

As mentioned above, age and previous CPP contributions affect an individuals eligibility to receive CPP Disability, but they are not the only factors.

The most important eligibility criteria for qualifying for CPP Disability are the way the impairment affects your ability to perform daily life activities.

The individuals impairment is determined by two key factors: Severity of condition and Prolonged duration.

Prolonged and Severe mean that your condition prevents you from doing the work you were previously doing before its onset and prevents you from further gainful employment in a field outside your original job. It also means the recovery from the condition is either impossible or would take an unknown amount of time.

Service Canadas Definition of Severe: The Government of Canada defines Severe as meaning the individual has a mental or physical disability that regularly stops them from doing any type of substantially gainful work.

Service Canadas Definition of Prolonged: The Government of Canada defines Prolonged as meaning that the individuals condition is long-term and of indefinite duration or is likely to result in death.

If you meet the above criteria, you could be eligible to receive the Canada Pension Program Disability Benefit. To learn more about CPP Disability eligibility, check out the Who is Eligible for CPP Disability Benefits? in our CPP Disability guide.

Check If Your Impairments Long Term

Stroke Protocol

A long-term effect means something that has affected you or is likely to affect you for at least a year. For example, if you had an operation that will make walking difficult for at least a year, thats long term.

Your impairment will still be considered to be long term if the effects are likely to come and go. These are known as fluctuating or recurring effects.

For example, youve had periods of depression for a few months at a time but then months in between where it doesnt affect you. Each episode of depression lasts less than 12 months, but it can meet the definition of long term if:

  • it has a substantial adverse effect when it happens, and
  • it could well happen again

Your impairment will also still be considered to be long term if its likely to affect you for the rest of your life even if thats going to be less than a year.

The definition of what is long term is in Schedule 1 of the Equality Act 2010.

You May Like: How Much Does Disability Pay In California

Denied Bipolar Disorder Disability Claims For Ltd Insurance

Marc Whitehead & Associates aggressively represents insurance policyholders that have had bipolar disability claims unfairly denied. We can help you fight the insurance companys denial whether you personally bought the policy, or the policy was issued through your employer.

Many disability insurance policies contain language that classifies mental impairments such as bipolar disorder, as a mental nervous condition. Defined as such, typically only 24 months compensation is allowed. However, this may not be accurate if the bipolar disorder is a biologically based illness. This then becomes an argument of an unacceptable assignment of the disorder in the policy language.

Insurance companies will use many other tactics to defend their decision to deny your award of disability benefits. Common tactics include:

  • Claims of misdiagnosis
  • Lack of medical evidence
  • Pre-existing condition clauses in the policy language

Strategies to overturn denied claims for bipolar disorder disability will vary greatly depending upon which type of long-term disability policy you are fighting.

We understand the reasons and excuses that insurance companies use to deny claims for mental disorders. Let us fight to hold your insurance company accountable, so you may recover the benefits you are due.

As Board Certified Social Security Disability attorneys, we want you to know that we will personally work with you to provide the help you need to appeal the denial. No matter where you live, we can help.

Applying For Disability Benefits

If you have decided to apply for Social Security disability benefits, you have multiple options to get the process started. You can make a call using the SSAs toll-free number to 1-800-772-1213 and start the process over the phone with a representative. You can go online to start the application as well. If you prefer meeting with a representative face-to-face to start your claim, you can go to your nearest SSA office. You can have an advocate or an attorney to represent you during the claims process. If you have representation, you are much more likely to have your claim approved.

The claims process focuses on medical documentation, so you must provide detailed medical records including tests, test results, treatments, side effects, symptoms, physician notes, and proof of any restrictions and limitations. You also need to be able to show Disability Determination Services how your condition has impacted your daily life and your ability to do things. Documentation is the key to a successful claim.

Also Check: How To Increase Your Va Disability Rating

Applying For Disability Based On Medical

While you may not qualify to receive disability for your hemorrhagic stroke on account of any of the above standards, you may still be able to collect funds by applying through a medical-vocational allowance. By developing a “residual functional capacity” or RFC, Social Security can determine how fit or unfit you are to perform your job or daily activities. They’ll classify you on a scale of sedentary, light, medium, and heavy. They’ll look at your medical records and doctor’s notes , and make a determination that way.

For instance, if your job requires you to pick up boxes all day long, and your medical records and doctor’s notes indicate that you’ll simply be unable to do that, Social Security may recommend work that you are fit to do. However, if you are classified as an unskilled worker and your condition doesnt allow you to do much physical or mental work, then you’ll be a good candidate for benefits.

Age can be a vital factor in determining medical-vocational eligibility. The older you are, the easier it is to be eligible for a medical-vocational allowance. For instance, a stroke victim applying with no transferable skills at age 50 may not be approved for an allowance but could be approved at age 58 with the same work history.

Costs And Economic Consequences

Reduce your risk of a stroke

A disabling health condition can quickly deplete your bank account. It can reduce your ability to make a living. It can also be expensive to treat and manage.

According to the CDC, the total cost of arthritis and other rheumatoid conditions in the United States was about $128 billion in 2003. This includes more than $80 billion in direct costs, such as medical treatments. It also includes $47 billion in indirect costs, such as lost income.

To lower your risk of disability, take steps to treat your arthritis early. Your doctor may recommend lifestyle changes, medications, surgery, or other treatments. In many cases, regular exercise can help.

With your doctors consent, include low-impact workouts in your routine. For example, try:

  • walking

Recommended Reading: How Do I Increase My Va Disability Rating

Is Stroke Considered A Disability

According to the Canadian Chronic Disease Surveillance System, the number of Canadians who survived a stroke grew by 40% in recent years and it is estimated that there are more than 400,000 Canadians living with the impairments caused by a stroke.

As the Canadian population grows and ages the number of stroke survivors is expected to rise dramatically in the coming years.

With that being said, stroke by itself is not considered a disability by Canadian government organizations such as CRA and Service Canada but long-term effects of stroke can be life-altering and, in some cases, life-limiting so only when the impairments are severe and prolonged that the CRA and Service Canada may view the person as disabled.

As seen in the chart below, the risk of having a stroke increases with age and the more severe impairments and death happen to older men and women but for the purpose of this guide we will focus on those under 65 that due to impairments caused by stroke may have stopped working.

Source: Canada.ca

While having a stroke is not considered a disability, the long-term impairments resulting from a stroke can be severe and debilitating. People experiencing these impairments could be affected to a disabling degree, therefore continuing in their jobs or even performing the necessary daily life tasks could be overwhelmingly challenging.

Some of the impairments that can result from a stroke are:

Denial Due To Not Meeting The Cpp Contribution Requirements

Your application could be denied because you have not paid into the minimum requirements for your CPP contributions.

Some extenuating circumstances may still allow you to be eligible for some CPP Disability payments. You may still qualify if you did not meet contribution requirements because:

  • You were a caregiver to children.
  • You were working abroad.
  • You suffered an impairment so disabling or severe that you were unable to apply during
  • the required period.

In these cases, you may still be eligible for CPP Disability Benefits.

Read Also: How Much Does Disability Pay In Sc

Impacting Your Ability To Work

You can suffer multiple symptoms after experiencing a stroke. If your left with residual effects that impact your mobility, such as severe weakness on one side that makes the use of one arm or one leg challenging and you find yourself unable to lift and carry things, you may be approved for disability. If you have been left with vision problems or the inability to speak clearly because the stroke impacted one side of your face, that can impact your ability to socialize, communicate and work.

Strokes can cause brain damage, so you may have difficulty concentrating, remembering details or how to do tasks, or communicating messages or issues to the proper staff. All these can seriously impact your ability to perform your work duties day to day. If one side of your body was left paralyzed, you may have to drag your leg or foot, which impacts your mobility and your ability to stand in one position for prolonged timeframes. Because of the inability to use an arm, you may find yourself unable to lift, carry, or grasp things as you normally would.

The Ada And Psychiatric Disability In The Workplace

A Stroke at 23 Left Me Disabled &  Questioning My Purpose ...
  • Definitions. The ADA defines disability as a physical or mental impairment that substantially limits one or more major life activities. When job applicants or employees have a mental health condition that meets this criteria, they have workplace rights under the ADA. The ADA Amendments Act of 2008 recently broadened the definition of disability to provide legal protections against employment discrimination for more individuals with disabilities, including people with psychiatric disabilities.
  • Record of psychiatric disability. The ADA also prohibits discrimination against individuals who have a record of a psychiatric disability or are regarded as having a psychiatric disability. This means, for example, that qualified individuals who have a history of psychiatric disability cannot be discriminated against just because of that history. Also, employers cant take actions because they believe a qualified applicant or employee might have a psychiatric disability.
  • Rights under the ADA. Applicants and employees with psychiatric disabilities have two main rights under the ADA. First, they have a right to privacy. Except when asking for an accommodation, they can choose whether to tell the employer about their disability. Second, they have a right to a job accommodation unless this causes undue hardship for the employer.

You May Like: How To Calculate Disability Retirement Pay

Applying For Disability For A Stroke Resulting In Vision Loss

In rare cases, a hemorrhagic stroke causes serious vision problems in its victims – the most common being hemianopia. In hemianopia, the individual loses sight in half the visual field of one or both eyes. While normal vision returns in a matter of a few months for some of these victims, sight fails to return for others. If you meet Social Security’s requirements for legal blindness with regard to hemianopia, you’re definitely eligible to receive disability benefits.

Common Reasons Cpp Disability Claims Are Denied

Unfortunately, it is not uncommon for a claim to be denied, even when the applicant qualifies for disability. Around 60% of all CPP Disability applications are denied due to various reasons such as insufficient information or proof that the applicants condition is severe enough to prevent them from retaining gainful employment.

If your application was denied and youre seeking additional assistance through the appeal and denial process, contact Disability Credit Canada today. We will guide you through the appeal and denial process with our extensive knowledge and experience.

Here are some of the most common reasons for denial:

Read Also: Va Retirement Pay Calculator

What Kinds Of Disabilities Result From A Stroke

Strokes can have life-altering results. There are five different kinds of disabilities that can result from a stroke. The main disability that results from a stroke is paralysis or motor control. Usually, the paralysis is on the side of the body opposite from the side of the brain that suffered damage during the stroke. Sensory disturbances are also common problems that result from a stroke.

This means that the stroke victim might suffer from the ability to feel temperature, touch, position, or pain. Sensory deficits could impact the ability to recognize objects and might result in the inability to even recognize ones own limbs. These sensory disturbances can lead to chronic pain that affects the ability to function.

Aphasia, which is a problem understanding or using language, is suffered by about one out of every four stroke victims. This can involve the ability to write, understand, and speak language. Those who suffer from expressive aphasia will have difficulty conveying their thoughts through writing or by words. Many stroke victims suffer problems with memory and/or thinking. Strokes can also lead to emotional disturbances. This might mean the stroke victim experiences anxiety, depression, anger, fear, sadness, frustration, or even grief for their physical and mental sufferings. Brain damage can result in personality changes and emotional disturbances.

How Does The Social Security Administration Determine If I Qualify For Disability Benefits For A Stroke

3 Reasons Stroke Survivors Don’t Exercise & How To Overcome Them

If you have had a stroke, Social Security disability benefits may be available. To determine whether you are disabled by your stroke, the Social Security Administration first considers whether your stroke and its effects are severe enough to meet or equal a listing at Step 3 of the Sequential Evaluation Process. See Winning Social Security Disability Benefits for Stroke by Meeting a Listing. If your stroke is not severe enough to equal or meet a listing, the Social Security Administration must assess your residual functional capacity , to determine whether you qualify for disability benefits at Step 4 and Step 5 of the Sequential Evaluation Process. See Residual Functional Capacity Assessment for Stroke.

A stroke is called a cerebrovascular accident or CVA by medical professionals. It is usually caused by either:

  • Blockage of an artery in the brain by a blood clot or fatty deposits, which is called a cerebral infarction
  • A ruptured cerebral artery bleeding into the brain, which is called a cerebral hemorrhage.

Some strokes are caused by cerebral aneurysms.

The Social Security Administration sees large numbers of stroke cases.

Strokes Caused by Blockage of an Artery

A piece of atherosclerotic plaque can break off inside one of the two internal carotid arteries in the neck, be pumped to the brain, and lodge in a cerebral artery to cause an infarction.

Figure 1: Veins of the brain.

Figure 2: Base of the brain, including main arteries.

Effects of Rupture

Don’t Miss: What Does Non Medical Disability Mean

More articles

Popular Articles