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Can You Get Social Security Disability for Epilepsy?

Is Epilepsy Considered a Disability?

Many people ask, “Is epilepsy a disability?” The answer is yes, epilepsy is considered a disability under the Americans with Disabilities Act (ADA) and by the Social Security Administration (SSA). This means epilepsy can qualify for disability benefits if it prevents a person from working.

Social Security Disability benefits are available through two main SSA programs: Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI).

Having epilepsy alone doesn’t automatically qualify you for support. You must show that your seizures are severe enough and happen often enough to keep you from working, even with treatment. The good news is that with the right medical evidence and documentation, people seeking disability for epilepsy can obtain benefits.

How To Qualify for Disability With Epilepsy

The Social Security Administration evaluates epilepsy disability under Section 11.02 of the Blue Book. This section specifically outlines epilepsy as a neurological disorder. To be eligible for disability benefits, an applicant must show that their condition meets the medical criteria in this section.

The SSA understands that epilepsy can take different forms and cause different types of seizures. What matters most is how your seizures affect your ability to work safely and reliably.

Blue Book Criteria for Epilepsy

The Blue Book contains different categories of impairments that the SSA considers severe enough to qualify for benefits. To meet the listing for epilepsy, you must have a medical diagnosis documented by a description of a typical seizure and characterized by one of the following:

  • Generalized tonic-clonic seizures that happen monthly for at least 3 consecutive months despite treatment
  • Dyscognitive seizures that happen weekly for at least 3 consecutive months despite treatment
  • Generalized tonic-clonic seizures that happen every 2 months for at least 4 consecutive months, OR dyscognitive seizures that happen every 2 weeks for at least 3 consecutive months. Both types must occur despite treatment and be accompanied by a marked limitation in one of the following:
    • Physical functioning
    • Understanding, remembering, or applying information
    • Interacting with others
    • Concentrating, persisting, or maintaining pace
    • Adapting or managing oneself

The SSA needs to see that your seizures continue to happen despite following your doctor’s treatment plan. Therefore, consistent medical care and detailed records are vital when applying for disability for epilepsy.

Important Medical Evidence for Your Epilepsy Disability Claim

Strong medical evidence is the key to a successful disability claim. To prove you meet the SSA’s eligibility requirements, you should gather:

  • Detailed medical records from your neurologist
  • Reports of all seizures, including type, frequency, and severity
  • EEG (electroencephalogram) results, if available
  • Brain imaging results (MRI, CT scan)
  • Medication history and evidence that you’ve been following prescribed treatments
  • Documentation of medication side effects
  • Notes from your doctor about how epilepsy and your limitations affect your daily activities and ability to work

Your medical records should clearly show that even while following a treatment plan, you still experience severe symptoms.

How To Gather Proper Medical Evidence

Work closely with your physicians to document your condition thoroughly. You should also keep a seizure journal, noting:

  • When each seizure occurs
  • How long it lasts
  • What symptoms you experience (before, during, and after)
  • How long it takes you to recover
  • Any triggers you noticed

Ask people who have witnessed your seizures to write descriptions of what they observed. These firsthand accounts can be powerful, supportive evidence for your claim.

An experienced disability attorney from Drozdowski & Rabin, PLLC, can help you identify what evidence you need. We’ll work with your medical providers to obtain it before presenting it to the SSA. Our goal is to provide substantial evidence that is clear and relevant to effectively communicate your limitations.

Qualifying for Disability Through a Medical-Vocational Allowance

If your epilepsy doesn’t exactly meet the Blue Book requirements, you might still qualify through a Medical-Vocational Allowance. This is an alternative path to benefits that considers:

  • The limitations caused by your epilepsy and any other disorders you may have
  • Your age
  • Your education level
  • Your work experience and transferable skills

For example, if your seizures happen less often than the Blue Book requires, but they’re unpredictable enough to make working dangerous, you might still qualify for disability. The SSA will assess what types of work you can still do, if any, despite your condition.

You may need to complete a Residual Functional Capacity (RFC) assessment. If the SSA concludes that your epilepsy prevents you from engaging in any form of work, you will qualify for disability benefits.

How Epilepsy Affects Your Ability to Work

Living with epilepsy presents many challenges that can make working difficult or impossible, such as:

  • Unpredictable seizures can cause sudden loss of consciousness or control
  • Many jobs are unsafe for people with epilepsy (driving, operating machinery, working at heights)
  • Recovery time after seizures can last hours or even days
  • Anti-seizure medications often cause side effects like:
    • Drowsiness and fatigue
    • Dizziness
    • Memory problems
    • Trouble concentrating
    • Slowed thinking
    • Blurred vision

Many employers hesitate to hire someone who might have a seizure at work. The reality is that epilepsy and restrictions often go hand in hand when it comes to employment options.

After a seizure, you may need significant time to recover before you can return to normal activities. This makes maintaining regular attendance at work extremely difficult for many people with uncontrolled epilepsy.

The Challenge of Proving Your Epilepsy Disability Claim

Winning approval for disability benefits based on epilepsy can be difficult. The SSA denies many initial applications, even for serious conditions. Common reasons for denial include:

  • Incomplete medical records
  • Not enough evidence of how the condition affects your ability to work
  • Failure to show you’re following prescribed treatment
  • Inconsistent medical care
  • Documentation errors
  • Missed deadlines

Our experienced disability attorneys understand what the SSA looks for in epilepsy disability cases. We know how to present your condition in a way that clearly shows why you cannot work.

How Our Attorneys Can Help With Your Claim

At Drozdowski & Rabin, PLLC, we help clients throughout Tennessee and Western North Carolina navigate the complex disability application process. Our attorneys can:

  • Review your medical records to identify strengths and weaknesses in your case
  • Work with your doctors to get detailed statements about your limitations
  • Help you gather all necessary evidence
  • Communicate with the SSA on your behalf
  • Complete your application properly to avoid technical denials
  • Guide you through the appeals process if necessary
  • Represent you at hearings

We understand the physical, emotional, and financial toll that uncontrolled epilepsy takes on you and your family. Our goal is to help you get the disability benefits you deserve with as little stress as possible.

Assistance With Appeals

If your initial claim has been denied, don’t give up hope. The appeals process often offers a better chance of approval, particularly at the hearing level, where you can testify in person about how epilepsy affects your life.

Our attorneys have extensive experience representing clients at disability hearings. We know how to effectively present your case to an Administrative Law Judge. If you’ve been denied, contact our law firm for a free consultation about your epilepsy disability benefits claim. Our Tennessee disability lawyers will review your case and help you understand your options for securing benefits.

Get the Support You Need: Contact Our Disability Attorneys

Living with epilepsy is challenging enough without having to fight for financial support. At Drozdowski & Rabin, PLLC, we understand the unique struggles you face, from unpredictable seizures to medication side effects that make working impossible.

Our team helps clients throughout Tennessee and Western North Carolina successfully obtain Social Security Disability benefits for epilepsy. We know the evidence you need, the criteria the SSA uses to evaluate claims, and how best to present your case.

Don’t let confusing paperwork, strict deadlines, or technical requirements stand between you and the benefits you need. Contact our experienced disability attorneys today for compassionate, knowledgeable legal representation. Schedule a free consultation now to learn how we can help you secure benefits.

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