Winning a Seizure Disability Case

Proving your disability case on the basis of seizures activity can be difficult.  Often the difficult issue is proving the frequent and duration of seizure episodes.  It is vital that you maintain frequent visits with you neurologist.  Seizures are sudden episodes of uncontrolled electrical activity in the brain. Symptoms range widely from mild to severe and can include confusion, loss of consciousness, uncontrollable jerking movements, and other cognitive or emotional symptoms.

Certain types of seizures are amenable to objective measurement. A common test for seizures is the electroencephalogram or EEG. Using small metal discs attached to a person’s head, the EEG is able to detect and record the electrical activity in the brain. An EEG indicating that a claimant suffers from seizures is vital evidence for proving to the SSA the existence of seizure activity.

However, some types of seizures cannot be measured by objective tests (EEG) or do not occur during medical studies.  This does not mean you do not have seizures.  As long as a neurologist is the diagnosing doctor, SSA will accept the diagnosis.

Once the presence of seizures is established, the next step is to identify the level of impact on the claimant’s day to day functionality.  While seizures can certainly be disruptive, uncomfortable, and frightening, the presence alone does necessarily indicate that someone is disabled. Further information regarding the frequency and length of any residual impacts, and effect of medication or treatment is necessary to determine if a person is disabled (unable to work on a full time basis).  SSA will likely deny the case unless there is active care with a neurologist.

If you are suffering from seizures that are preventing from working you may be eligible to receive disability benefits. Please contact the disability attorneys at Viner Disability Law at 720-515-9012 for more information about your eligibility.