Collecting Social Security Disability benefits for Seizures

Collecting Social Security Disability benefits for Seizures

Posted by Derek Cervoni on Aug 20, 2021 9:51:24 AM

Many medical conditions can cause seizures. From epilepsy to brain tumors, a variety of medical disorders and viruses can result in seizures. While some seizures go away on their own with treatment, others can become debilitating and interfere with a person’s ability to work, maintain their lifestyle, and even properly care for themselves.  

Seizures can range in severity and symptoms. Some individuals with seizures experience loss of consciousness and convulsions. Others simply stare off into space or experience rapid eye movements. Medication can control many of these symptoms and individuals with seizures can typically lead a normal lifestyle.  

However, for some individuals, medication does not work. When this occurs, they may need to collect disability benefits.

When Can Adults Qualify for Social Security Disability Benefits?

Adults with epilepsy or severe seizures may be eligible for SSDI or SSI depending on their income and the severity of their condition. However, many Social Security claims for seizures get denied the first time around. Social Security examiners will need to see that the seizures are disabling even though you take medication and have sought treatment.  

According to the SSA Blue Book of disability benefits section 11.00, you must take prescribed medication for seizures for at least three months before applying for disability benefits. This gives the medication ample time to work. The Blue Book also includes requirements for qualifying for benefits depending on two main categories of seizure activity.

Tonic-Clonic Seizures

Individuals who suffer tonic-clonic seizures can get approved for SSDI benefits if they meet the following criteria:

  • Seizures at least once a month for three consecutive months, OR
  • Seizures at least once every other month for four consecutive months with marked limitations in:
    • Physical functioning
    • Understanding or remembering work activities
    • Interacting with coworkers and others
    • Concentrating
    • Managing yourself

Dyscognitive Seizures

Individuals who suffer dyscognitive seizures can get approved for SSDI benefits if they meet the following criteria:

  • Seizures at least once a week for three consecutive months, OR
  • Seizures at least once every other week for four consecutive months with marked limitations in:
    • Standing or balancing
    • Using arms or hands
    • Understanding or remembering work activities
    • Interacting with others
    • Concentrating
    • Controlling emotions and behavior

It is important to know that there are exceptions to these rules and criteria. In some cases, individuals can still get approval if they qualify based on medical-vocational allowance. It is important to discuss your case with an experienced attorney to learn more about your specific options.  

An SSDI Lawyer Can Help

If you have seizures, you may qualify for SSDI or SSI. However, collecting these benefits is often difficult, even when you have evidence of your disability. You need a disability law firm on your side that can help you collect the benefits you deserve. We know what the SSA needs to approve your claim.  

Our attorneys work quickly to collect the evidence and documentation the SSA needs to approve your claim. This includes, but is not limited to:

  • Diagnoses
  • Neurological examination findings
  • Doctor’s notes and testimony
  • Description of pre and post-seizure phenomena
  • Anticonvulsant treatment and notes
  • Results of EEG
  • Documentation of injuries suffered during seizures
  • Frequency of seizures and occurrences
  • Third-party witnesses and testimony
  • Vocational expert testimony

Even if your initial claim was denied by the SSA, we can help. Our disability attorneys will work tirelessly to help you collect the money and benefits you deserve.  

Contact Me for Help in Your SSDI Case

When determining disability benefits, the SSA will want to review as much evidence as possible regarding your seizures. Our lawyers understand disability law, and we know what it takes to prove eligibility for SSDI benefits. We can help you through the application and appeals process to help ensure that you receive the benefits you deserve. Contact me at 703.241.2625 to set up an appointment and begin getting the help you need.

Topics: social security disability