Can I Get Disability Benefits if I Suffer From Epilepsy?

Yes.

There are 3.4 million people in the United States living with epilepsy, making it the fourth most common Neurological disease. Epilepsy affects people of all genders, races and ages.

Having seizures can make you tired, sore and unable to work for days a time. The threat of seizures can also make it dangerous to work.

If you experience uncontrolled seizures, despite treatment, that prevent you from working, you maybe eligible for Social Security Disability (SSDI) benefits.

We are here to clarify the eligibility criteria you will have to meet in order to secure benefits, guide you through the application process, and help you secure the benefits you need. 

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Qualifying for Seizure Disorder Under the Listing for Epilepsy

The Social Security Administration (SSA) has a special category for impairments, called “listings of impairments” that are considered especially severe, such that if you meet the listing, you don’t have to prove that you can’t work.

SSA evaluates disability applications for seizures using listing 11.02 for epilepsy. Generally, the listing requires either that you have very frequent seizures, or that you have slightly less frequent seizures combined with significant functional limitations. The exact criteria depend on the type of seizures you experience and how often they occur.

Tonic-Clonic Seizures

Previously known as “grand-mal” seizures, they involve physical convulsions and a loss of consciousness for the duration of the seizure. If you experience tonic-clonic seizures, you can meet listing 11.02 with medical evidence of either:

-Seizures that occur at least once a month for at least 3 consecutive months, despite adherence to prescribed treatment, or

-Seizures that occur at least once every 2 months for at least 4 consecutive months, despite treatment, with marked limitations in at least one of the following:

          -Physical functioning

          -Understanding, remembering or applying information

          -Interacting with others

          -Concentrating, persisting or maintaining pace

          -Adapting or managing oneself

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Dyscognitive Seizures

Dyscognitive seizures are characterized by an alteration of consciousness without convulsions or loss of muscle control. During the seizure, bland staring, change of fascial expression or automatisms (e.g. lip smacking, chewing or swallowing, or repetitive simple actions such as gestures or verbal utterances) may occur. You can meet listing 11.02 for dyscognitive seizures if you have medical documentation of either:

-Seizures that occur at least once a week for at least 3 consecutive months, despite treatment, or

-Seizures that occur at least once every 2 weeks for at least 3 consecutive months, despite treatment, with marked limitations in at least one of the following:

          -Physical functioning

          -Understanding, remembering or applying information

          -Interacting with others

          -Concentrating, persisting or maintaining pace

          -Adapting or managing oneself

Getting Disability for Epilepsy with Limitations in Your Residual Functional Capacity

If your medical evidence doesn’t meet the listing requirements, you may  still qualify for disability. SSA must consider what effect your seizures have on your ability to work by determining your Residual Functional Capacity (RFC).

Your RFC are limitations representing the most you're able to do in a work setting. If no jobs exist that you can do within the limits of your RFC, Social Security will find that you're disabled.

A typical RFC for somebody with epilepsy will likely include restrictions on activities and environments that would be dangerous during a seizure, such as operating hazardous machinery, working at unprotected heights, or driving.

Just having seizure precautions in an RFC is rarely enough to rule out all work. Many jobs won't put you at risk of harm if you have an unexpected seizure. But you may be able to qualify for disability under the medical vocational (“Grid”) rules if:

• The only jobs you've had involve exposure to hazards or working with dangerous equipment
• You're at least 50 years old, and
• You have additional exertional limitations, such as the inability to lift over 10 pounds or stand for more than four hours.

You Will Need to Provide Social Security With the Following Medical Evidence:

• A diagnosis of epilepsy
• A statement from your doctor about the nature and frequency of your seizures
• Detailed description of a typical seizure
• Record of seizures
• Results of an electroencephalogram (EEG)
• Treatment history, including medications and other treatments and your responses to the treatment
• Descriptions of your seizures by family, friends, co-workers

How Our Social Security Disability Lawyers Can Help

The Social Security Administration has strict criteria that you will have to meet in order to be awarded ongoing Social Security Disability benefits. Our experienced SSDI attorneys know exactly what the SSA will look for when reviewing your application, and we can help you strategize accordingly. Applying for benefits is a highly nuanced process, and we can help you organize your medical evidence and strengthen your case based on the specific details of how your epileptic seizures impact your life and ability to work. Initial claims are often denied by the SSA, and applicants who have legal representation have an increased chance of having their claims approved. 

While based in New York State, we represent Social Security Disability applicants from around the country, and have decades of experience securing benefits for those who need them. We work on a contingency basis, meaning that our fee is simply a percentage of the benefits awarded to you by the SSA. You pay us nothing out of pocket.

When the effects of your condition make it impossible to continue working, know that we are here to listen to your story, guide you through the complex Social Security Disability process, and help you get your life back.

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