A stroke occurs when a blood clot that is blocking an artery or a blood vessel breaks, thereby interrupting blood flow to an area of the brain, which results in brain damage. A common stroke symptom is weakness to one side of the body.
I represent a 51 year old unskilled landscaper who had to stop working because of a stroke. The claimant’s symptoms included left sided weakness. The claimant’s application for Social Security Disability (“SSD”) benefits was approved without a hearing.
Treatment records established that the claimant had suffered a stroke causing left sided weakness, which prevented him from resuming his strenuous work as a landscaper. Social Security rules state that bilateral manual dexterity (“BMD”) is necessary for the performance of substantially all unskilled sedentary occupations. Presumably, it was obvious that the claimant could not perform his arduous past work, and SSD benefits were approved because his lack of BMD precluded sedentary work as well.
Tuesday, May 27, 2014
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