Facts about Epilepsy and Filing for DisabilityThese selected pages answer some of the most basic, but also some of the most important, questions for individuals who are considering filing a claim for disability benefits. Facts about the condition 1) Epilepsy is caused by electrical dysfunction in the brain that results in seizures. It is not identified as a single condition, but various syndromes that results in abnormal electrical activity in the brain. 2) Although it is estimated that one in every 100 Americans will have at least one seizure in their lifetime, two or more seizures are necessary for a diagnosis of epilepsy. 3) Epileptic seizures can be extremely mild or quite severe. Mild seizures may be so mild that the person experiencing the seizure simply has a staring spell for a few moments, or they may have severe convulsions and loss of consciousness. No matter how mild or severe a seizure is it should be addressed medically. 4) Young children that experience epileptic seizures may outgrow the condition. 5) It is estimated that nearly 50 million people have epilepsy worldwide. Although the condition can occur at any age in life it is more likely to appear in those over age 65, or in young children. 6) Symptoms of epilepsy include staring blankly, confusion, loss of consciousness or convulsions that include uncontrollable arm and leg movements. 7) Some persons with epilepsy may experience strange symptoms before a seizure, such as severe emotional changes, smelling strange odors that do not exist, or strange sensations such as tingling. 8) Risk for an epileptic seizure in people with epilepsy is increased due to pregnancy, infection, emotional stress, drinking alcohol, certain prescription medications, lack of sleep, and using recreational drugs. Head trauma, stroke, developmental disorders, and genetics may also cause epilepsy. 9) Treatment for epilepsy usually includes anti-convulsants. If these drugs do not work other measures may be taken, such as vagus nerve stimulation therapy or a ketogenic diet. In severe cases brain surgery may be required. 10) Those with epilepsy should wear a medical alert bracelet in case of seizures and are recommended to get enough sleep and take their prescribed medications regularly to reduce risk of seizures. Qualifying for disability benefits with this condition Whether or not you qualify for disability and, as a result, are approved for disability benefits will depend entirely on the information obtained from your medical records. This includes whatever statements and treatment notes that may have been obtained from your treating physician (a doctor who has a history of treating your condition and is, therefore, qualified to comment as to your condition and prognosis). It also includes discharge summaries from hospital stays, reports of imaging studies (such as xrays, MRIs, and CT scans) and lab panels (i.e. bloodwork) as well as reports from physical therapy. In many disability claims, it may also include the results of a report issued by an independent physician who examines you at the request of the Social Security Administration.
Qualifying for SSD or SSI benefits will also depend on the information obtained from your vocational, or work, history if you are an adult, or academic records if you are a minor-age child. In the case of adults, your work history information will allow a disability examiner (examiners make decisions at the initial claim and reconsideration appeal levels, but not at the hearing level where a judges decides the outcome of the case) to A) classify your past work, B) determine the physical and mental demands of your past work, C) decide if you can go back to a past job, and D) whether or not you have the ability to switch to some type of other work. The important thing to keep in mind is that the social security administration does not award benefits based on simply having a condition, but, instead, will base an approval or denial on the extent to which a condition causes functional limitations. Functional limitations can be great enough to make work activity not possible (or, for a child, make it impossible to engage in age-appropriate activities).
Why are so many disability cases lost at the disability application and reconsideration appeal levels? There are several reasons but here are just two: 1) Social Security makes no attempt to obtain a statement from a claimant's treating physician. By contrast, at the hearing level, a claimant's disability attorney or disability representative will generally obtain and present this type of statement to a judge. Note: it is not enough for a doctor to simply state that their patient is disabled. To satisy Social Security's requirements, the physician must list in what ways and to what extent the individual is functionally limited. For this reason, many representatives and attorneys request that the physician fill out and sign a specialized medical source statement that captures the correct information. Solid Supporting statements from physicians easily make the difference between winning or losing a disability case at the hearing level. 2) Prior to the hearing level, a claimant will not have the opportunity to explain how their condition limits them, nor will their attorney or representative have the opportunity to make a presentation based on the evidence of the case. This is because at the initial levels of the disability system, a disability examiner decides the case without meeting the claimant. The examiner may contact the claimant to gather information on activities of daily living and with regard to medical treatment or past jobs, but usually nothing more. At the hearing level, however, presenting an argument for approval based on medical evidence that has been obtained and submitted is exactly what happens. About the Author: Tim Moore is a former Social Security Disability Examiner in North Carolina, has been interviewed by the NY Times and the LA Times on the disability system, and is an Accredited Disability Representative (ADR) in North Carolina. For assistance on a disability application or Appeal in NC, click here. Most popular topics on SSDRC.com Social Security Disability in North Carolina Common Mistakes to avoid after being denied for Disability Tips to Prepare for Filing for Social Security Disability or SSI Advice to Win SSD and SSI Benefit Claims Social Security Disability SSI Questions What is the difference between Social Security Disability and SSI? How to get disability for depression Getting disability for fibromyalgia SSI disability for children with ADHD What is the Application Process for Social Security Disability and SSI? Social Security Disability SSI Exam tips More Social Security Disability SSI Questions What makes you eligible for Social Security Disability or SSI? Related Body System Impairments: Filing for Social Security Disability or SSI with Multiple Sclerosis MS Why Is It Hard to be Found Disabled for Social Security Disability or SSI for Seizures? Do You Automatically Get Approved For Disability If You Had A Stroke? Facts about Mini Strokes and Filing for Disability Multiple Sclerosis (MS), Social Security Disability, and Applying for Benefits Seizure Disorder, Social Security Disability, and Applying for Benefits Why is Charcot-marie-tooth not on the Social Security Disability list of impairments? Charcot-marie-tooth disease and Filing for Disability Social Security Disability SSI and Traumatic Brain Injury (TBI) Dystonia and Filing for Disability Dysautonomia and Filing for Disability Grand Mal Seizures and Filing for Disability Narcolepsy, Social Security Disability, and Applying for Benefits Epilepsy and Filing for Disability Hydrocephalus and Filing for Disability Memory Loss and Filing for Disability Facts about Stroke and Filing for Disability Should you get a disability lawyer before you get denied in California? Social Security Disability Back Pay in California Social Security Disability For Mental Illness in California |
