Is Epilepsy a Disability? Understanding Eligibility for Disability Benefits

The Centers for Disease Control and Prevention reports there are more than 11 million adults in the United States living with epilepsy. Many of them manage their condition by following a treatment plan prescribed by their doctors.

For some people diagnosed with epilepsy, medication does not prevent severe and frequent seizures from interfering with their ability to engage in daily activities, including working. If you cannot work because of your medical condition, you may be eligible for disability benefits for epilepsy.

The Social Security Administration has two programs, Supplemental Security Income and Social Security Disability Insurance, providing monthly cash payments and other benefits for individuals diagnosed with epilepsy. Qualifying for disability with epilepsy is not easy and requires medical records and other documentation proving how your ability to work has been affected by your medical condition.

More than two-thirds of the applications submitted annually to the Social Security Administration are denied disability benefits. Stop asking yourself, “Is epilepsy a disability?” and learn more about it in this blog from the Northern California disability lawyers at Sackett and Associates.

How Does A Doctor Diagnose Epilepsy And Treat Epilepsy?

A person with epilepsy experiences recurring seizures typically caused by abnormal electrical activity occurring suddenly in the brain. Epilepsy is not the only medical condition that causes seizures. Other causes of seizures include:

1. Abnormal blood levels of sodium or glucose level.
2. Congenital brain disorders.
3. Brain tumors.
4. Substance abuse.
5. Meningitis, encephalitis, and other infections of the brain.
6. Injury to an infant’s brain that can occur during labor or childbirth.

If you experience seizure activity, you must have your condition diagnosed by a medical professional to determine the cause. After asking about your medical history and conducting a physical examination, a doctor may order diagnostic tests and imaging, including the following:

1. Blood tests to rule out other medical conditions as the cause of the seizures.
2. CT scan or MRI of the brain to identify abnormalities.
3. Electroencephalogram, commonly known as an EEG, measures electrical activity within the brain.

A doctor may also order advanced forms of MRIs and EEGs and use them along with the results of the other tests to diagnose your condition.

Although it cannot be cured, epilepsy can be treated through medications that control seizure activity. Anti-seizure medication is typically the treatment option recommended by physicians. If medication does not effectively control seizure activity, surgery or the use of a medical device are other options available to reduce seizure activity in people diagnosed with epilepsy.

Is Epilepsy A Disability Eligible For SSDI And SSI Benefits?

To qualify for disability benefits through the SSDI and SSI programs with an epilepsy diagnosis is tough to do. The primary reason is the definition of disability the Social Security Administration must use to evaluate applications for disability benefits.

You are disabled for purposes of epilepsy and Social Security disability if you are unable to engage in substantial gainful activity because of a medically determinable physical or mental impairment or a combination of impairments expected to result in death or last for at least 12 months.

A different definition is used to evaluate an epilepsy disability claim for SSI benefits filed on behalf of a child. The child must have a medically determinable physical or mental impairment, or a combination of impairments, that results in marked and severe functional limitations. The impairments must be expected to last for at least 12 months or result in death.

If the treatment prescribed by a doctor controls the frequency and severity of the seizures, it’s unlikely that your condition would meet the requirements of the disability definition. The best course of action to take when you’re unsure about whether you are eligible for disability benefits with epilepsy is to schedule a consultation at Sackett Law, where disability professionals can review the claim and determine if your epilepsy meets the disability definition.

Qualifying For Disability With Epilepsy

The Social Security Administration evaluates your medical condition using a listing of impairments called the Blue Book. The Blue Book lists medical conditions and the criteria each must meet to be severe enough to qualify for SSDI and SSI.

Epilepsy is listed in section 11.02 of the Blue Book under neurological disorders. To be considered severe enough to be disabling within the SSA disability definition, you must meet one of the following requirements:

1. Have generalized tonic-clonic seizures over a consecutive three-month period, with at least one seizure a month while taking medication prescribed by your doctor.
2. Have focal seizures at least once per week for three consecutive months or longer while taking anti-seizure medications.

You also must document marked physical and mental limitations.

Talk To A Sackett Law Disability Lawyer

Even if you do not meet the Blue Book requirements, you can qualify for disability with epilepsy with medical and other documentation showing that you cannot do work you’ve done in the past or other types of work. Let a Sackett Law disability lawyer explain the options available to challenge a denial of benefits through the appeal process. Contact us today for a free consultation.