A stroke can cause serious physical, cognitive, visual, speech, emotional, and fatigue-related symptoms. Some people recover well with treatment and rehabilitation. Others are left with lasting limitations that make it difficult or impossible to return to work.
If you are filing a long term disability claim after a stroke, the insurance company will not approve benefits based on the diagnosis alone. The insurer will want evidence showing how the stroke affects your ability to perform your job duties on a reliable, full-time basis.
This is especially important if you work in a professional or executive role that requires sustained focus, communication, decision-making, leadership, accuracy, travel, or long hours. Even symptoms that may seem “mild” in daily life can become work-preclusive in a demanding occupation.
Below are key points to understand before filing a long term disability claim after a stroke.
See Also:
Neuropsychological Evaluation Tips from A Disability Attorney
Understanding Validity Measures in LTD Neuropsychological Evaluations
How Can a Neuropsychological Evaluation Help Prove a Long Term Disability Claim?
How a Functional Capacity Evaluation Can Help Prove a Physical DisabilityMost long term disability policies require proof that you are receiving appropriate medical treatment. After a stroke, the insurance company will likely review your hospital records, emergency records, imaging results, neurology notes, primary care records, and any rehabilitation records.
The insurer will also look at whether you are treating with appropriate specialists. Depending on your symptoms, this may include a neurologist, physiatrist, cardiologist, neuropsychologist, ophthalmologist, speech therapist, occupational therapist, physical therapist, or mental health provider.
The insurance company will also consider whether you are following your doctors’ recommendations. If your doctor recommended physical therapy, occupational therapy, speech therapy, cognitive rehabilitation, medication, or follow-up testing, the insurer may expect to see that you complied.
If you do not follow treatment recommendations, the insurance company may argue that you are not doing everything reasonably required to improve your condition. This can create problems for your claim, even when your symptoms are real and limiting.
Many stroke survivors experience more than one type of limitation. Some symptoms are physical. Others are cognitive, visual, emotional, or related to stamina and fatigue.
The combined effect often matters most.
For example, a claimant may have only mild weakness on exam, but also experience cognitive slowing, visual disturbance, fatigue, headaches, dizziness, and reduced endurance. Each symptom may be difficult enough on its own, but together they may make full-time work unrealistic.
Common physical symptoms after a stroke may include:
Difficulty walking or standing;
Balance problems;
Poor coordination;
Weakness;
Tremors or abnormal movements;
Numbness, tingling, or sensory changes;
Pain;
Dizziness or vertigo;
Headaches;
Vision changes;
Slurred speech;
Facial weakness or asymmetry;
Loss of fine motor control;
Falls or near-falls;
Physical fatigue; and
Bladder or bowel issues.
Common cognitive, emotional, or communication-related symptoms may include:
Memory problems;
Difficulty concentrating;
Slowed processing speed;
Confusion;
Trouble following conversations;
Word-finding problems;
Speech or language difficulties;
Reduced executive functioning;
Mental fatigue;
Mood changes;
Emotional lability;
Anxiety or depression; and
Difficulty tolerating stress.
The insurance company should not evaluate these symptoms in isolation. A strong claim explains how the symptoms interact and how they affect your ability to work consistently.
Insurance companies often look for objective medical evidence. In stroke claims, this may include abnormal findings from diagnostic imaging, clinical examinations, therapy evaluations, neuropsychological testing, vision testing, or other assessments.
Objective findings may include:
MRI or CT scan findings;
Neurological exam abnormalities;
Abnormal gait or balance testing;
Documented weakness;
Reduced range of motion;
Coordination deficits;
Speech or language deficits;
Vision abnormalities;
Abnormal mental status findings;
Neuropsychological testing results;
Functional capacity evaluation results; and
Therapy records documenting functional limitations.
The stronger and clearer the medical evidence, the harder it becomes for the insurer to dismiss the claim as unsupported.
That said, medical records are often incomplete. Doctors may focus on treatment, not disability documentation. A treatment note may state that you are “improving,” but that does not necessarily mean you can return to a demanding full-time job.
For that reason, it may be important to obtain a detailed report from your treating doctor that explains your ongoing symptoms, clinical findings, restrictions, limitations, and prognosis.
The insurance company will usually expect diagnostic proof of the stroke itself. This often includes MRI or CT imaging of the brain.
Depending on your symptoms, additional testing may also help support your claim. For example:
Neuropsychological testing may help document problems with memory, processing speed, attention, executive functioning, or cognitive fatigue.
A functional capacity evaluation may help document physical restrictions, stamina issues, postural limitations, walking tolerance, lifting ability, balance problems, or reduced endurance.
Vestibular testing may help if dizziness, vertigo, or balance problems are major symptoms.
Vision testing may help if the stroke caused blurred vision, double vision, visual field loss, or difficulty tolerating screens.
Speech-language evaluation may help if you have word-finding problems, communication deficits, swallowing issues, or difficulty processing verbal information.
Cardiac or autonomic testing may be relevant in some cases, depending on the cause of the stroke and ongoing symptoms.
The right testing depends on the person, the symptoms, the occupation, and the policy definition of disability.
Your doctor’s support can be critical. But a short note saying you are “disabled” is usually not enough.
The insurance company will want details. A helpful doctor report should explain:
Your diagnosis;
Your stroke history;
Your ongoing symptoms;
Your abnormal clinical findings;
Your treatment plan;
Your response to treatment;
Your restrictions and limitations;
Whether you can sustain full-time work;
How your symptoms affect your job duties; and
Your prognosis.
For example, the insurer may want to know how long you can sit, stand, walk, type, speak, concentrate, or remain productive during a workday. The insurer may also ask whether you can travel, attend meetings, use a computer, manage deadlines, make decisions, supervise others, or perform work safely.
For professionals and executives, this connection between medical limitations and job duties is often the most important part of the claim. The evidence should explain why your stroke symptoms prevent you from performing your actual occupational demands, not just whether you can perform basic daily activities.
A stroke claim does not end once benefits are approved. Insurance companies often continue monitoring the claim because some stroke symptoms may improve over time with rehabilitation.
The insurer may request updated medical records, physician statements, therapy notes, claimant forms, interviews, or an examination by one of its hired medical consultants.
To protect your benefits, it is usually important to remain in appropriate treatment and continue documenting your symptoms. If your symptoms improve but you still cannot return to work, your records should clearly explain the difference between medical improvement and work capacity.
For example, you may improve enough to walk around your home, attend medical appointments, or handle basic daily activities. That does not necessarily mean you can return to a demanding occupation that requires sustained focus, high-level communication, quick decision-making, computer work, travel, or reliable full-time attendance.
A long term disability attorney can help identify what evidence the insurance company will likely require and where the claim may be vulnerable.
In a stroke-related LTD claim, an attorney may help by reviewing the policy, gathering medical evidence, obtaining supportive physician statements, recommending appropriate testing, developing occupational evidence, preparing a claimant statement, and responding to insurer requests.
At Riemer Hess, we help professionals and executives nationwide file, appeal, litigate, and protect long term disability claims. Our national disability insurance practice is headquartered in New York City, and our attorneys focus exclusively on long term disability and related insurance matters.
If you suffered a stroke and are concerned about your ability to work, we can help you understand your options and prepare a stronger claim for benefits.