IF YOU HAVE A SEVERE CASE OF EPILEPSY YOU MAY QUALIFY FOR SOCIAL SECURITY DISABILITY
What is Epilepsy?
Epilepsy is a neurological disorder that causes repeated seizures. The epilepsy foundation reports at least 1 million people in the United States have uncontrolled epilepsy. Most of the time, people learn to cope with this diagnosis and can maintain their daily life. However, if epilepsy is preventing you from work, you may be eligible for social security disability benefits.
Am I qualified for Social Security Disability?
According to section 11.02 of the Social Security Administration’s (SSA) Blue Book in order to qualify for benefits one must have:
- Generalized tonic-clonic seizures (see 11.00H1a), occurring at least once a month for at least 3 consecutive months (see 11.00H4) despite adherence to prescribed treatment (see 11.00C).
OR
- Dyscognitive seizures (see 11.00H1b), occurring at least once a week for at least 3 consecutive months (see 11.00H4) despite adherence to prescribed treatment (see 11.00C).
OR
C. Generalized tonic-clonic seizures (see 11.00H1a), occurring at least once every 2 months for at least 4 consecutive months (see 11.00H4) despite adherence to prescribed treatment (see 11.00C); and a marked limitation in one of the following:
- Physical functioning (see 11.00G3a); or
- Understanding, remembering, or applying information (see 11.00G3b(i)); or
- Interacting with others (see 11.00G3b(ii)); or
- Concentrating, persisting, or maintaining pace (see 11.00G3b(iii)); or
- Adapting or managing oneself (see 11.00G3b(iv)).
OR
D. Dyscognitive seizures (see 11.00H1b), occurring at least once every 2 weeks for at least 3 consecutive months (see 11.00H4) despite adherence to prescribed treatment (see 11.00C); and a marked limitation in one of the following:
- Physical functioning (see 11.00G3a); or
- Understanding, remembering, or applying information (see 11.00G3b(i)); or
- Interacting with others (see 11.00G3b(ii)); or
- Concentrating, persisting, or maintaining pace (see 11.00G3b(iii)); or
- Adapting or managing oneself (see 11.00G3b(iv)).
I do not fit the qualifications, but still can’t work, now what?
If your symptoms do not match the SSA’s requirements listed in the Blue Book, but you are still unable to work because of your epilepsy, you can fill out a Residual Functional Capacity (RFC) Form. This form allows you to explain why, though you do not fit the criteria, you are unable to work because of your disorder.
Contact a social security disability attorney
Filing for social security disability can be difficult and both the application and the RFC play major roles in deciding whether you get your disability benefits or not. With an experienced law firm on your side, you will be able to get through the process quickly and easily.
If you or a loved one has been injured and needs legal help, please contact Rob Levine & Associates for a free consultation. Our Fee Free Policy means that you do not pay unless you win. Our experienced personal injury lawyers will review your case to help you understand what your next steps should be and options available to you.
Rob Levine and Associates are personal injury attorneys who help individuals who have been injured in an accident or who are disabled. The firm practices law and services Rhode Island, Massachusetts, and Connecticut on injury cases. Rob Levine and Associates also handles social security disability and veterans disability cases on a regional and national level as well. Our team is available 24/7 to help you. Contact us at 800-742-3940 or visit our website for more information.