Individuals can apply for Social Security Disability for epilepsy if they’re unable to work because of their condition. Epilepsy is a neurological condition that causes recurrent, unprovoked seizures due to irregular nerve cell activity in the brain. The seizures themselves can cause symptoms that last several days after an episode, such as exhaustion and muscle soreness.
Epilepsy may hinder or completely prevent a person from maintaining full-time employment. While medication can help manage seizures, treatment can be expensive and is not always effective. Additionally, even people who respond to treatment can still suffer from seizures.
How Common Is Epilepsy?
In 2021, the CDC reported that nearly 3 million adults in the United States were diagnosed with epilepsy.
Does Epilepsy Qualify for Disability Benefits?
Yes, the Social Security Administration (SSA) recognizes epilepsy as a qualifying condition for disability benefits. If your epilepsy prevents you from working, you have a strong chance of filing for benefits successfully. However, you will need to provide evidence that supports your claim.
The SSA uses the Blue Book as a guide to review claims and assess eligibility. In the Blue Book, epilepsy is listed under Section 11.00 for neurological disorders, specifically subsection 11.02. The SSA considers two types of seizures in epilepsy claims:
- Generalized tonic-clonic seizures: Seizures defined by loss of consciousness and sudden muscle tensing (causing the person to lose postural control) followed by convulsions.
- Dyscognitive seizures: Seizures defined by alteration of consciousness without convulsions or loss of muscle control.
If you have dyscognitive (non-convulsive) seizures, you must provide evidence of at least one of the following:
- Dyscognitive seizures that occur at least once a week for at least 3 consecutive months even with prescribed treatment.
- Dyscognitive seizures that occur at least once every 2 weeks for at least 3 consecutive months with prescribed treatment. These must be in addition to a marked limitation of one of the following:
- Physical functioning
- Understanding, remembering, or applying information
- Interacting with others
- Concentrating, persisting, or maintaining pace
- Adapting or managing oneself
If you have generalized tonic-clonic (convulsive) seizures, you must provide evidence of one of the following:
- Generalized tonic-clonic seizures that occur at least once a month for at least 3 consecutive months even with prescribed treatment.
- Generalized tonic-clonic seizures that occur at least once every 2 months for at least 4 consecutive months with prescribed treatment. These must be in addition to a marked limitation of one of the following:
- Physical functioning
- Understanding, remembering, or applying information
- Interacting with others
- Concentrating, persisting, or maintaining pace
- Adapting or managing oneself
If you have epilepsy and want to know if you medically qualify for benefits, contact Slepian Ellexson, PLLC. Our disability attorneys in Phoenix are here to help you obtain the benefits you need and deserve.
Who Can Get Disability Benefits for Epilepsy?
You can get disability for epilepsy if your condition prevents you from working and earning a living wage.
To be approved for benefits, you must also satisfy the SSA’s qualifying criteria:
- You cannot perform Substantial Gainful Activity (SGA) because of your disability.
- Your disability has lasted or is expected to last at least 12 months or result in death.
- You cannot perform any past or new types of work because of your disability.
- Your disability clearly meets the medical qualifying criteria under the impairment listing in the Blue Book.
If a claimant does not meet the Blue Book criteria, they may qualify under another listing. If their disability does not meet any listing or equal one in severity, they can apply for a Medical-Vocational Allowance.
The SSA recognizes that some disabilities can prevent individuals from working without meeting criteria in the Blue Book. For example, epilepsy sufferers experience the threat of unexpected seizures which makes it dangerous and sometimes impossible to perform various jobs. The lasting side effects of seizures can also hinder a person’s work capabilities.
When applying for a Medical-Vocational Allowance, the SSA measures a person’s residual functional capacity (RFC). Then, they use this to determine whether or not a claimant should receive disability.
SSDI and SSI for Epilepsy
Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) are two disability benefit programs. These programs offer financial relief to disabled individuals who cannot work.
Can You Get SSDI for Epilepsy?
Yes, you can receive SSDI for epilepsy as long as you meet the SSA’s eligibility requirements. SSDI is strictly for disabled workers who have paid into Social Security throughout their life. Earning work credits makes them eligible for SSDI benefits.
Can You Get SSI for Epilepsy?
Yes, you can get SSI disability for epilepsy if your condition prevents you from working. You must also have limited income and resources because SSI is a needs-based program. Unlike SSDI, SSI applicants are not required to have a previous work history to receive benefits.
Medical Evidence
To qualify for disability with epilepsy, you need to show documented evidence of your epileptic seizures. A detailed report should come from someone, preferably a doctor, who has witnessed at least one of your typical seizures. If you experience more than one type of seizure, you must give descriptions of each type.
The SSA needs both medical and non-medical evidence to evaluate the severity of your condition. This can include signs, symptoms, and laboratory findings.
At Slepian Ellexson, PLLC, our team can help gather necessary medical records to support your claim. We understand that navigating the medical and legal aspects of filing for disability benefits can be hard. That’s why our team is here to help you every step of the way.
Apply for Social Security Disability With Our Help
If you’re living with epilepsy, disability benefits may be the support you need to get back on your feet. However, applying for benefits can be complicated and time-consuming. Initial claims are often denied due to filing errors or failure to gather enough medical evidence.
When you need help applying for Social Security Disability, call Slepian Ellexson, PLLC. We are a trusted Social Security Disability law firm in Phoenix, AZ. We have over 40 years of experience helping clients secure crucial financial assistance. Whether you’re asking, “Does epilepsy qualify for SSI?” or you’re wondering if you’re eligible for disability, we can answer your questions.
Contact us today to set up a free case evaluation!
