Epilepsy or Seizure Disorders and a Social Security Disability or SSI Claim

I will discuss how seizures from epilepsy and other cause can impact a Social Security Disability or SSI claim.

Below I will talk about how seizures are treated in a SSDI claim.  Including the medical listing, work limitations from the condition and the importance of medication and treatment.  If you have any questions about your claim for SSD call me at 1-877-527-5529.

Seizures are evaluated under the below medical listings:

11.02 Epilepsy - convulsive epilepsy, (grand mal or psychomotor), documented by detailed description of a typical seizure pattern, including all associated phenomena; occurring more frequently than once a month, in spite of at least 3 months of prescribed treatment. With:

. With:

A. Daytime episodes (loss of consciousness and convulsive seizures) or

B. Nocturnal episodes manifesting residuals which interfere significantly with activity during the day.

11.03 Epilepsy - nonconvulsive epilepsy (petit mal, psychomotor, or focal), documented by detailed description of a typical seizure pattern including all associated phenomena, occurring more frequently than once weekly in spite of at least 3 months of prescribed treatment. With alteration of awareness or loss of consciousness and transient postictal manifestations of unconventional behavior or significant interference with activity during the day.

The above are pretty self explanatory but there are a couple of things to remember.  First, It is important that you are suffering from the frequency of seizures noted above while you are taking your prescribed medication.  Blood test will show if you are taking your medication as you are supposed to.  If your blood test show you are below therapeutic levels of your medication it will be very difficult to prove you meet these listings.  Second, it can be very difficult to show frequency of seizures due to fact that many people who get these on a regular basis don't always go to the emergency room.  It is important in an epilepsy case to have written statements, and testimony from people who have witnessed the seizures and can describe them in detail.  Details such as how long the episode lasted, did the individual lose there bowels, and how long till they fully recovered to a normal status.  If you had any episodes in public try to provide proof in the way of police reports or other incident reports.

It is pretty rare to meet the above listing if you are getting good treatment and taking your medication.  However;  there are many work related limitations from this disorder as well as side effects from medication that can help show you are disabled.  People with this disorder are probably not allowed to drive.  They also should not work in environments were there is the potential for harm in the event of a seizure.  Any job that requires climbing ladders, working at heights or around machinery could be dangerous.  The medications prescribed for seizures often cause loss of concentration, constant fatigue or tiredness and dizziness.  There is also the potential for someone with this condition to have difficulty being reliable with attendance at work due to having an episode and the recovery time from it.

We have attempted to provide up to date and accurate information, however the information in this site is not guaranteed.  No attorney client relationship exist.  The information in this site is not a substitute for consultation with a qualified attorney.
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If you have a seizure disorder such as epilepsy and need help from a disability lawyer call me at 1-877-527-5529.