DISABILITY BENEFITS FOR SEIZURES

Seizures can cause severe disruptions to the ability to work.  They can cause absence, safety issues and the inability to sustain a normal workday routine.  Therefore, they may be disabling.

 Here is what Social Security will want to see in an application for disability related to seizure activity:
  • What is the diagnosis?  What type of seizures is the claimant having?  What is the cause?
  • What happens during a seizure?  Is there more than one type of seizure occurring?
  • What is the frequency of seizures?
  • How long have seizures been occurring?
  • What medical treatment has been tried?
  • Has medical treatment reduced the frequency or severity of seizure activity?

An individual with certain types of seizures may have lost their driving privilege, at least temporarily.  This, in itself, does not equal disability.

 The claimant should explain how seizures affects the ability to perform work related activity.  How often would he or she be absent from work?  When a seizure occurs, how long is the work process interrupted?  What are the after-effects of a seizure?  

 It will be helpful to have your treating physician complete a Medical Source Statement which answers specific questions about the claimant's ability to do work related activities.  The physician should also state when the seizure activity began and what treatment has been attempted.

 Benefits are usually approved after a prolonged attempt at medical intervention has failed and seizures are still occurring more often than once a month, even with medications.  

 I should point out that Social Security will deny up to 80 percent of applications.  A two-phase appeal process will usually be needed to get benefits approved.  If your application is denied, it may benefit you greatly to get  legal representation for the appeal process.

Comments

Post a Comment

Popular posts from this blog

HOW TO GET READY FOR YOUR HEARING

Image
Most disability applications are rejected at first.  The first appeal, called "Reconsideration" usually does not get a favorable response, either.  When these two steps have failed, as they usually do, it's time for a hearing with an administrative law judge, your the next step. How do you prepare for that hearing?  Realize that the hearing before the judge is the best opportunity you will ever have to get your benefits approved.  So, it's important to make a good appearance and present yourself well. Some suggestions: 1.  First and foremost, be absolutely certain that all of your medical records have been submitted well in advance of the hearing.  You can review your electronic folder by contacting the Social Security Office of Hearings Operations which has jurisdiction over your appeal. They should have received a medical record from each doctor, hospital, emergency room, counselor and other medical providers that you have seen within the relev...
Read more

DOES SOCIAL SECURITY PAY SHORT TERM BENEFITS?

Social Security Disability Insurance (SSDI for short) is a long term disability program sponsored by the US government.  It is paid for by payroll deductions, called FICA tax. What is meant by long term?  It means a medical condition which has lasted, or is expected to last at least 12 straight months OR to end in death. Impairments lasting less than 12 straight months are not covered under SSDI. Do you have to wait 12 months to apply?  No.  This is a mistake.  The medical condition you are claiming needs to the type of condition which normally lasts 12 months or more.  You do not need to wait 12 months to apply. For example, if you break your leg and your doctor advises you to be off work for 3 months, this is not covered under SSDI.  However, if a person has a heart attack and the doctor says he can't work for at least a year or more, it would be a covered condition. Is it easy to get approved?  Frankly, no.  It is difficult. So...
Read more

DISABILITY AND BACK DISORDERS

Back trouble is a generic term for many musculoskeletal impairments that cause pain in the back, shoulders, hips or legs.    Back and spinal issues are the single largest cause of disability in the United States.   Social Security, however, will not pay a benefit simply because of complaints of back pain, even if the doctor has recorded long term complains of pain. It's necessary to determine the cause of back pain in order to get benefits approved.  This usually requires objective tests which may include X-rays, MRIs or CT scans for imaging of the spine. These imaging studies may show degenerative disc disease.  Specifically, studies may reveal narrowing of the spinal canal, osteophyte complex (bone spurs), bulging or herniated discs or other problems. After demonstrating the cause of the pain, Social Security will try to determine how pain affects your ability to function.  How does pain limit your ability to sit, stand, stoop, reach, ...
Read more