The SSDI lawyers for epilepsy at Pekas Smith Disability Attorneys in Arizona can represent you in a claim for Social Security Disability benefits for epilepsy. Call 602.962.2818 or message us now to start your case.
Attorneys for Social Security Disability for Epilepsy
Our lawyers for Social Security Disability for epilepsy can assist you in all aspects of your claim for benefits based on epilepsy. At any stage of the application process, our Phoenix, Arizona SSDI lawyers can pursue your rights. With more than 30 years of experience focused on disability law, our SSDI lawyers for epilepsy are here to serve you.
For a personalized consultation, and to begin today, contact us.
Can You Get SSDI for Epilepsy?
Epilepsy is a disability found in the SSDI Blue Book listings of impairments. If you have epilepsy that prevents you from working, you may qualify to receive benefits. Eligibility may be based on meeting impairment criteria, equaling a listing or otherwise demonstrating that your residual functional capacity prevents you from working.
Epilepsy and limitations on the ability to work
There are many ways that epilepsy may impair a person’s ability to work. Epilepsy is an abnormal brain activity that causes seizures. Epilepsy is having two or more unprovoked seizures that are at least 24 hours apart. Some people with seizures can manage their condition with treatment and continue to work. However, if seizures continue despite treatment, a person may not be able to work. They may qualify for Social Security Disability benefits.
Seizures may cause a loss of consciousness and physical injury. Seizures can make it difficult to sleep and concentrate. They may contribute to mental health issues. Social Security Disability recognizes that epilepsy may prevent a person from performing substantial gainful activity.
How an Epilepsy Disability Lawyer Can Help
To receive benefits for epilepsy, you must apply and prove your qualifications. Here are some of the ways that the Pekas Smith SSDI lawyers for epilepsy assist our clients:
- Evaluating your medical condition and qualifications for benefits
- Gathering necessary medical evidence, with an understanding of how applications are evaluated under Blue Book impairment listings
- Determining how you may qualify, 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
- Representing you at a hearing
- Reviewing and responding to correspondence received during application processing
- Identifying questions that may be particularly important for your case
- Appealing a decision, or otherwise responding appropriately to an unfavorable decision
- Representing you at each step throughout the case, explaining your rights and options
Our SSDI lawyers for epilepsy manage the complete process for an applicant to seek disability benefits based on epilepsy or a combination of medical conditions. We help people get disability benefits with our knowledge of the law and aggressive legal advocacy.
To talk about your case, call or message us now for a personalized consultation.
How Is Epilepsy Defined for SSDI?
Epilepsy for SSDI includes the following:
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 result in altered consciousness but without convulsion 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 based on dyscognitive seizure, a 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?
SSDI for epilepsy is evaluated 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 should be provided for an SSDI application for epilepsy?
An SSDI application for epilepsy may be supported by the following medical information:
- 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.
At what point is epilepsy a disability?
The point where epilepsy is a disability is when, despite treatment, it prevents the person from performing substantial gainful activity for an expected period of one year or more. A person may receive disability benefits as long as their epilepsy or a combination of impairments prevent them from working.
Free Consultation with SSDI Lawyers for Epilepsy
We invite you to contact the SSDI lawyers for epilepsy at Pekas Smith Disability Attorneys. At your free consultation, we’ll talk about your case and how our lawyers can represent you.