Epilepsy, Seizures & Disability Benefits Attorney
Epilepsy is a neurological condition characterized by recurrent seizures and disturbances in the nervous system. These seizures can range from mild episodes of inattention to severe convulsions and loss of consciousness. While certain medications have proven effective in managing epilepsy, their primary goal is to reduce the frequency of seizures rather than cure the underlying condition. Consequently, individuals with epilepsy often face limitations in performing everyday tasks, such as driving or engaging in heavy lifting, due to safety concerns.
If you have been diagnosed with epilepsy or have encountered multiple seizures that hinder your ability to work, Jon Sipes, Attorney at Law, is here to offer potential assistance in obtaining Social Security Disability benefits.
With decades of experience, Attorney Sipes has aided numerous individuals in California with debilitating conditions in securing the benefits they deserve through the Social Security Disability program.
El Paso Epilepsy, Seizures & Disability Benefits Attorney
There are two primary types of Social Security benefits available: Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI). In general, both SSDI and SSI require individuals to have a long-term condition that hinders their ability to work.
Your eligibility for either SSDI or SSI depends on various factors, including the number of years you have worked and paid Social Security taxes. SSDI eligibility is determined by a formula that takes into account your age, the number of years you have worked, and the amount of payroll taxes you have paid. Typically, you need to have worked for a certain period within the past decade to meet the eligibility requirements for SSDI.
The amount of SSDI payments you receive is based on the Social Security payroll taxes you have paid throughout your employment history. On the other hand, SSI payments are determined by a set amount established by Congress. As a result, SSDI payments are generally higher than SSI payments on a monthly basis.
If you do not qualify for SSDI, you may still be eligible for SSI. SSI is a program based on financial need and primarily assists the elderly, individuals with visual impairments, and those with other disabilities.
What Is Epilepsy?
Epilepsy, a neurological disorder, is characterized by the occurrence of recurrent seizures. Various underlying conditions can trigger epilepsy, including strokes, head trauma, brain tumors, birth defects, or brain infections.
Medical professionals often diagnose epilepsy through a combination of brain scans, blood tests, and specialized tests like electroencephalograms (EEGs). While an EEG can be instrumental in diagnosing epilepsy, it’s important to note that a normal result does not necessarily exclude the possibility of epilepsy.
Although medication is often effective in managing epilepsy and controlling seizures, other interventions such as surgery or neurostimulation may be considered in certain cases. However, it’s crucial to understand that these treatments typically aim to reduce the frequency of seizures rather than provide a cure. Remarkably, many individuals with epilepsy can experience significant improvement to the extent that ongoing treatment is no longer necessary.
Is Epilepsy a Disability?
The Social Security Administration (SSA) assesses the eligibility of epilepsy as a disability based on the severity of the condition. Since epilepsy can vary in its manifestations and controllability, the SSA carefully evaluates factors such as the type of epilepsy and the frequency, duration, and nature of seizures experienced. These criteria play a crucial role in the SSA’s review process when considering an individual’s application for disability benefits related to epilepsy.
Am I Eligible for Social Security Disability Benefits If I Have Epilepsy and Seizures?
To be eligible for either SSDI or SSI benefits, individuals need to apply with the Social Security Administration (SSA), the government agency responsible for administering disability benefits. The SSA carefully reviews applications to determine if the applicant has a long-term disability that is expected to last for at least one year or potentially result in death.
A disability can arise from various sources, including physical injuries, chronic medical conditions, or mental illnesses. When evaluating an application, the SSA applies multiple criteria to assess whether the disability significantly hampers the applicant’s ability to engage in any form of work.
In addition to being long-term and severe, the applicant’s medical condition must also hinder them from engaging in substantial gainful activity (SGA). SGA refers to any activity that generates income above a specified threshold. As of 2023, the threshold set by Congress for recognizing SGA is subject to change but is currently $1,470 per month or more. Please note that this amount may be revised annually to account for inflation and other factors.
What Does the Social Security Administration Look for When Evaluating Epilepsy and Seizures?
When evaluating epilepsy and seizures for Social Security benefits, the Social Security Administration (SSA) considers several factors. The claim examiner carefully reviews your application to determine if your epilepsy is a significant and long-term disability that qualifies for benefits.
The SSA recognizes two types of epilepsy: convulsive and non-convulsive. To be eligible for benefits based on convulsive epilepsy, you need to demonstrate daytime seizures that lead to convulsions or loss of consciousness, or nighttime seizures that cause difficulties during the day, such as the inability to stay awake, concentrate, or perform physical tasks. Additionally, you must show that you experience seizures at least once a month, even after being on anti-seizure medications for a minimum of 3 months.
For benefits based on non-convulsive epilepsy, you must experience seizures during the day or night that result in pronounced symptoms, such as unusual behavior, lack of coordination, lack of mental focus, lack of energy, or trouble staying awake. Furthermore, you need to demonstrate that you continue to have seizures at least once a week, even after being on anti-seizure medications for a minimum of 3 months.
Am I Still Eligible for Disability Benefits if I Do Not Meet the Social Security Administration’s Standards for Someone with Epilepsy or Seizures?
Yes, you may still qualify for disability benefits even if you don’t meet the Social Security Administration’s specific definition of disabling epilepsy. If you can demonstrate that your condition prevents you from working, you may be eligible for disability benefits.
In such cases, the Social Security Administration assesses an applicant’s ability to work using a tool called a Residual Functional Capacity (RFC) assessment. The RFC evaluates the maximum level of work an applicant can perform despite their physical or mental impairments. To determine RFC, the Social Security Administration considers various pieces of evidence, including medical records, medical examinations, and your own statements regarding the pain or limitations caused by your epilepsy.
The RFC assessment examines an applicant’s physical abilities, mental abilities, and other functions affected by the impairment. Epilepsy often leads to both mental and physical challenges for individuals experiencing seizures. These challenges may include difficulties with clear thinking, fatigue, coordination problems, or the inability to stand for extended periods. Providing detailed information about these aspects helps the claims examiner understand how your condition impacts your ability to work, and the more descriptive you can be, the stronger your case.
In most cases, submitting comprehensive medical records, including evaluations from your doctor, is necessary to support your application for disability benefits. Additionally, it’s crucial to describe how your epilepsy affects your daily life and your ability to work. Providing information about the frequency, intensity, and any other symptoms or side effects caused by your seizures is important in presenting a complete picture of your condition and its impact on your functional abilities.
What Do I Do If My Disability Claim with Epilepsy or Seizures is Denied?
If your claim for epilepsy-based disability benefits is denied by the Social Security Administration, you have the opportunity to appeal the decision before an Administrative Law Judge. During the appeal process, it is crucial to present a strong case that demonstrates why your epilepsy should be recognized as a disability. Seeking guidance from a knowledgeable disability attorney can greatly assist applicants in successfully overturning initial denials of SSDI or SSI benefits.
Consult About Your Claim For Epilepsy or Seizures-Based Disability with a Sacramento Social Security Disability Benefits Attorney
If you are unable to work due to frequent seizures caused by epilepsy, it can significantly limit your job prospects. However, there is potential for qualifying for disability benefits in such cases. To successfully obtain these benefits, it is essential to provide comprehensive information in your application that clearly demonstrates the long-term impact of your medical condition on your ability to work. Attorney Jon Sipes, with his extensive experience assisting numerous clients in Sacramento and handling disability benefit applications and appeals, understands the specific information required by the Social Security Administration to secure the benefits you deserve. If you are considering applying for Social Security disability benefits, Attorney Jon Sipes can provide the guidance and support you need throughout the process.
This information included on these pages does not constitute legal advice and should be used as such. They are for informational purposes only.
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