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Living with epilepsy can make daily life unpredictable, and working can feel impossible. If seizures prevent you from working, you may qualify for Social Security Disability benefits for epilepsy.
The application process can be complex, but you don’t have to navigate it alone. At Pekas Smith Disability Attorneys, our experienced epilepsy SSDI lawyers in Arizona are dedicated to helping you secure the benefits you deserve.
With over 30 years of experience, we have helped many individuals receive the benefits they need to manage their condition and improve their quality of life. We are committed to providing compassionate, knowledgeable, and aggressive legal representation throughout the SSDI process.
Call 602.975.3762 or message us now to get started with a free consultation.
Can You Qualify for SSDI Benefits for Epilepsy?
Epilepsy is a disability found in the Social Security Disability Insurance (SSDI) Blue Book listings of impairments as a neurological impairment. It consists of abnormal brain activity that causes seizures.
Some people with seizures can manage their condition with treatment and continue to work. However, in some cases, seizures may continue despite treatment, and a person may not be able to work.
If your epilepsy prevents you from maintaining substantial gainful employment, you may be eligible for benefits. The criteria for eligibility include either meeting specific seizure-related impairments or demonstrating that your residual functional capacity significantly limits your ability to work.
If seizures continue despite medical treatment, or if they severely affect your day-to-day abilities, Social Security Disability benefits for epilepsy may be available to you, and an epilepsy SSDI lawyer from our team can support your claim.
How Is Epilepsy Defined for SSDI?
For SSDI, epilepsy is defined by specific seizure types and frequencies. The most common types include:
Generalized Tonic-Clonic Seizures
Generalized tonic-clonic seizures result in a loss of consciousness, muscle tensing, and a loss of postural control. A seizure may result in tongue biting and incontinence. The person may fall, resulting in injury.
To qualify for SSDI, generalized tonic-clonic seizures must occur monthly for at least three consecutive months. Alternatively, they must occur once every two months for at least four months, along with a marked limitation in one or more categories.
Dyscognitive Seizures
Dyscognitive seizures result in altered consciousness but without convulsions or loss of muscle control. A person having a seizure may appear to be staring blankly, perform automatisms of the mouth like chewing or swallowing, have a changed facial expression, or make gestures or utterances. A dyscognitive seizure may progress into a generalized tonic-clonic seizure.
To qualify for SSDI, a dyscognitive seizure must occur once a week for three consecutive months. Alternatively, it may occur every two weeks for three months with a marked limitation in one or more categories.
For each type of seizure, the seizures must persist despite adherence to prescribed medical treatment.
When an application is made based on a marked limitation, the limitation may be in physical functioning, processing information, interaction with others, maintaining pace, or personal management.
Evaluation criteria specify how to measure the time for counting seizures. Psychogenic nonepileptic seizures and pseudoseizures are evaluated under mental disorders in Part 12 of the Blue Book.
How Is Epilepsy Evaluated for SSDI?
The Social Security Administration (SSA) evaluates epilepsy under Part 11.00 of the Social Security Disability Blue Book – Neurological Disorders. Specifically, section 11.02 provides the criteria for evaluating SSDI for epilepsy.
The Blue Book states:
- Neurological disorders may result in a combination of limitations.
- Limitations may limit physical or mental functioning.
- Evaluation of epilepsy is based on the impact of the condition.
- An application must provide medical and non-medical evidence relating to the disorder.
- The applicant must be limited despite adherence to prescribed treatment, which may include taking medication for at least three months.
What Medical Evidence Is Needed for Your SSDI Application?
To support your SSDI application, you’ll need various types of medical evidence, including:
- Applicant medical history
- Examination findings
- Laboratory tests
- X-rays, CT scans, MRI, electroencephalography (EEG)
- Descriptions of treatment and patient response
Examiners will consider available imaging, but they will not purchase complex, risky, expensive, or invasive testing. They will not require an applicant to undergo testing that is difficult to obtain.
An epilepsy disability lawyer at Pekas Smith can help you gather all the necessary documents and ensure that they are presented effectively.
How an Epilepsy SSDI Lawyer Can Help
To receive benefits for epilepsy, you must apply and prove your qualifications. Here are some of the ways that our Pekas Smith SSDI lawyers assist our clients:
- Evaluating medical condition and qualifications for benefits
- Gathering necessary medical evidence, with an understanding of how applications are evaluated under Blue Book impairment listings
- Determining qualifications, presenting detailed medical and non-medical evidence.
- Completing the application so that it is accurate and complete
- Avoiding delays by knowing and following the steps needed to have an application approved
- Providing representation at hearings, including in front of the United States District Court
- Reviewing and responding to correspondence received during application processing
- Identifying questions that may be particularly important for a case
- Appealing a decision or responding appropriately to an unfavorable decision.
- Providing support and representation throughout the case, explaining client rights and options
Our SSDI lawyers handle the entire process for applicants seeking disability benefits due to epilepsy or a combination of medical conditions. We assist individuals in obtaining disability benefits through our understanding of the law and assertive legal representation.
Talk to an Experienced Epilepsy SSDI Lawyer Today
If epilepsy is preventing you from working, you may qualify for SSDI benefits. We invite you to reach out to an Epilepsy SSDI Lawyer at Pekas Smith Disability Attorneys. During your free consultation, we’ll discuss your case and how our lawyers can represent you.
Contact us now online or at 602.975.3762.
Frequently Asked Questions
Why are epilepsy SSDI claims denied?
Applying for SSDI benefits because of epilepsy can be a complex process, and many claims are denied due to common mistakes. The Social Security Administration has strict criteria for evaluating epilepsy, and many applicants fail to provide sufficient compelling evidence to support their case.
The SSA requires clear, detailed evidence demonstrating how your condition restricts your ability to work. Without supporting medical records, your claim may be denied. Additionally, epilepsy must be shown to limit your capacity to engage in substantial gainful activity severely. This may include the frequency and severity of seizures, as well as their impact on physical and mental functioning.
If your seizures aren’t well documented and connected to your inability to work, your claim may be denied. Working with an experienced epilepsy SSDI lawyer can significantly improve your chances of approval by ensuring all necessary medical records and supporting documents are included.
Can mental health issues related to epilepsy improve my SSDI claim?
In many cases, epilepsy is accompanied by mental health issues, such as depression, anxiety, or cognitive difficulties. These additional conditions can further limit your ability to work, making your case stronger. If you have mental health struggles caused by or related to your epilepsy, it’s important to include them in your claim.
Collaborating with an epilepsy disability lawyer can help ensure that these mental health conditions are documented accurately and incorporated into your claim. An experienced lawyer can also assist in connecting these conditions to the limitations caused by epilepsy, thereby strengthening your application.
Can I work part-time and still qualify for SSDI benefits for epilepsy?
Yes, it’s possible to qualify for SSDI benefits even if you are working part-time, as long as your earnings do not exceed the SGA limit. For 2025, the SGA limit is $1,620 per month for non-blind individuals.
If your income is below this threshold, you may still be eligible for benefits. An epilepsy SSDI lawyer can help you assess your work history and ensure that your claim remains in good standing, even if you’re working part-time.
What is the typical timeline for SSDI approval when claiming for epilepsy?
The SSDI approval process for epilepsy generally takes 3 to 6 months to reach an initial decision. If your claim is denied, the appeals process can significantly extend the timeline, sometimes exceeding a year.
If your claim is denied, you have 60 days from the notice of denial to file an appeal. Missing this deadline could require you to restart the entire process.
What are the costs of hiring an epilepsy SSDI lawyer?
At Pekas Smith Disability Attorneys, we operate on a contingency fee basis. This means you won’t pay anything upfront. If we win your case and secure your Social Security Disability benefits for epilepsy, our fee will be a percentage of the back pay you receive. You won’t need to worry about payment unless we win your case.
What if I don’t have enough work history to qualify for SSDI due to epilepsy?
If you haven’t worked long enough to qualify for SSDI benefits based on your work history, you may still be eligible through derivative SSDI. This allows you to apply for benefits based on your spouse’s or parent’s work history, depending on your situation.
An epilepsy disability lawyer from Pekas Smith can help explore this option and determine whether you qualify under a family member’s work history.
Can epilepsy alone qualify me for SSDI benefits?
Yes, epilepsy can qualify you for SSDI benefits if it significantly limits your ability to work and has lasted or is expected to last for at least one year. If your seizures persist despite following prescribed treatment and impact your ability to perform daily tasks, you may be eligible for Social Security Disability benefits for epilepsy.
