EPILEPSY AND SEIZURES

Funded through payroll taxes, SSDI pays benefits to individuals with a work history. If the SSA approves you for benefits, then you will receive benefits six months following your onset date of disability. Your onset date is the day your disability begins. The first six months after your onset date is considered a waiting period. SSD benefits are not payable during that time.

Once your waiting period is over, you can receive your monthly benefit payment. If you receive SSD, then you are also eligible for Medicare. There is a 29 month waiting period for Medicare benefits. The 29 month waiting period is made up of the waiting period and 2 years. Therefore, 29 months after your onset date of disability, you can get Medicare.

If you file an SSI application and receive benefits, then may also be eligible for Medicaid. To receive Medicaid, you must meet your state’s income and asset rules. Medicaid payments, like SSI benefits, begin the date you file your application. There is no waiting period. However, there is also no retroactive period of benefits prior to the application date. Find out about retroactive benefits.

SSI BENEFITS FOR EPILEPSY AND SEIZURES

Supplemental Security Income benefits are for those who have not worked. Or, they are for those who are considered low income; a work history is not necessary. Once you win benefits, you should receive your first payment within the next month. If there is a back benefits, it can take 4-6 months for the SSA to send it to you. It is important to remember that in order to get SSI benefits, you also have to meet the income and asset limits.

The SSI income and asset rules depend on the state in which you live. However, as a general rule, you cannot have more than $2000 in a savings or bank account. You can also not have assets that are seen as excess items that could be sold for money. For example, a motorcycle, if you already have a car. Or a cabin, if you already have a home. These items are seen by the SSA as assets that you don’t need and that you can sell. You may also be able to get Medicaid payments in your state. Although, in some states, you must put in a separate application for Medicaid benefits.

WHAT IS EPILEPSY AND SEIZURE DISORDER?

Epilepsy is a chronic condition that causes recurrent seizures. There are two main types of seizures. First, there are generalized seizures, which affect the whole brain. Second, there are focal, or partial seizures, which affect just one part of the brain.

Mild seizures can also occur and they may be hard to recognize. They can last a just a few seconds and you may not be aware of what is going on. Stronger seizures, however, can cause muscle spasms that can last for a few seconds to several minutes. During a strong seizure, you can become confused or lose consciousness. After the seizure is over, you may not remember it.

There are several reasons you might have a seizure. These include:

• head trauma
• high fever
• very low blood sugar
• alcohol withdrawal
• an overdose of medication

Typically, an individual has epilepsy if they have two unprovoked seizures. Or, they may also have epilepsy for one unprovoked seizure that was not caused by a known medical condition. For example, seizures can occur with alcohol withdrawal or extremely low blood sugar and those type do not mean that you have the disease.

EPILEPSY AND SEIZURE SYMPTOMS

There is a difference between epileptic seizures and a seizure that occurs due to illegal drugs or high fever. An epileptic seizure is going to repeat itself at a future point in time. They are chronic. Epilepsy has two different kinds of seizures. These are the symptoms usually found for both kinds:

GENERALIZED ONSET SEIZURES:

Motor symptoms may include sustained rhythmical jerking movements (clonic), muscles becoming weak or limp,

• brief muscle twitches,
• muscles becoming tense or rigid (tonic)
• or spasms ( where the body flexes over and over again).

Non-motor symptoms are usually called absence seizures. These can be typical or atypical seizures that result in staring spells. Absence seizures can also be seen in brief twitching of a specific part of the body, like the eyelid.

FOCAL ONSET SEIZURES:

• Motor symptoms may also include jerking, muscles becoming limp or weak, tense muscles, or brief muscle spasms. There may also be repeated automatic movements. Examples are clapping or rubbing your hands, biting, chewing, or running.
• Non-motor symptoms: Examples of symptoms that don’t affect movement could be changes in emotions, sensations, or cognition. For example, you might experience waves of heat or cold or a racing heart.

Many people with epilepsy have more than one type of seizure. They may also have other neurological symptoms as well.

TREATMENT FOR EPILEPSY AND SEIZURES

The treatment for epilepsy depends on the severity of your seizures. The goal of treatment is to control or reduce your seizures. Treatment can be one or a combination of the following treatments:

1. MEDICATIONS: The first treatment is usually medication. The choice of which type of drug your doctor will give you depends on the type of seizures you have. Medications work by calming the activity in the brain to prevent seizures. It’s important for you to take your medication as directed by your doctor.
2. KETOGENIC DIET: This diet is a high fat, low carb, protein diet that can reduce seizures, especially in children with certain types of epilepsy that are difficult to control with medication.
3. VAGUS NERVE STIMULATION (VNS): VNS is an operation where a small device is placed under the skin in the chest and a wire connects to the vagus nerve in the neck. The device sends impulses to the brain through the vagus nerve, which can help reduce the seizures.
4. RESPONSIVE NEUROSTIMULATION (RNS): RNS is a surgery that places a neurostimulator device directly into the brain tissue. The device monitors brain activity and delivers impulses to the brain to prevent seizures.
5. SURGERY: In cases where seizures come from a specific area of the brain and medication doesn’t work, surgery may be a possibility. The goal of surgery is to remove the place in the brain where seizures begin, while keeping critical brain functions.
6. HABIT CHANGES: Adopting a healthy diet, avoid stress, getting enough sleep, can be helpful in reducing  seizures.

MEETING THE LISTING FOR SEIZURES UNDER LISTING 11.02

11.02 Epilepsy documented by a detailed description of a typical seizure and characterized by A, B, C, or D:

A. Generalized tonic clonic seizures that occur at least once a month for at least 3 consecutive months despite following prescribed treatment.

OR

B. Dyscognitive seizures that occur at least once a week for at least 3 months in a row despite following  prescribed treatment.

OR
C. Generalized tonic clonic seizures at least once every 2 months for at least 4 months in a row despite adherence to prescribed treatment; and a marked limit in one of the following:

1. Physical function; or
2. Understanding, remembering, or applying information; or
3. Interacting with others; or
4. Concentrating, persisting, or maintaining pace; or
5. Adapting or managing oneself.

OR
D. Dyscognitive seizures that occur at least once every 2 weeks for at least 3 consecutive months despite adherence to prescribed treatment; and a marked limit in one of the following:

1. Physical function; or
2. Understand, remember, or applying information; or
3. Interact with others; or
4. Concentrate, persist, or maintain pace; or
5. Adapt or manage oneself.

RESOURCES FOR EPILEPSY AND SEIZURES

The National Association of Epilepsy Center is a helpful source for those with Epilepsy. The NAEC is a member of the Epilepsy Leadership Council (ELC). The Council is a group of government, health profession, and other organizations. They are working to improve care for people with epilepsy. Each ELC organization has a number of patient resources. Member organizations of the ELC include:

• Aicardi Syndrome Foundation
• American Clinical Neurophysiology Society (ACNS)
• American Epilepsy Society (AES)
• Batten Disease Support and Research Association
• Bow Foundation
• Centers for Disease Control and Prevention (CDC)
• Child Neurology Foundation
• CURE (Citizens United for Research in Epilepsy)
• CSWS Epilepsy & Landau Kleffner Syndrome (ESES)
• Danny Did Foundation
• Dravet Syndrome Foundation
• Dup 15q Alliance
• Epilepsy Foundation
• Finding A Cure Against Epilepsy and Seizures (FACES)
• Hope for Hypothalamic Hamartomas (HH)
• International Foundation for CDKL5 Research (IFCR)
• International League Against Epilepsy (ILAE)
• Jack Pribaz Foundation (KCNq2)
• Lennox-Gastaut Syndrome (LGS) Foundation
• National Institute of Neurological Disorders and Stroke (NINDS)
• NORSE Institute
• PCDH19 Alliance
• Ring14 USA Outreach, Inc.
• Seizure Tracker
• TESS Research Foundation
• Tuberous Sclerosis Alliance (TS Alliance)
• Veterans Health Administration (VHA): Epilepsy Centers of Excellence (ECoE)

Contacting one or more of these resources is a good idea for those with seizures or Epilepsy. There is also ongoing research to find a cure for seizures. Likewise, there are many organizations that can offer support to you and the people who care for you.

CONTACT US IF YOU NEED SSD BENEFITS FOR SEIZURES 

If you don’t hire an attorney, then there is a good chance you will not win your benefits. In order to question the experts at your hearing, you need an attorney. You also may not know what kinds of questions the judge will ask.

Similarly, you may not be ready to answer those questions in the proper way. You do not want to lose your hearing. Don’t take that chance. Hire a lawyer in Las Vegas, Nevada. Or, if you are from Utah, hire the best Salt Lake City SSD attorney near you. Also, hire us because we have the most legal experience. It will help you win your benefits.

Another important factor to consider is what it costs to hire an attorney. At our law firm,  you do not pay an attorney fee until we win your case. The attorney fee comes out of your back benefit. If we do not win your SSD benefits, then there is no back benefit. Therefore, you will not owe an attorney fee.

If there are costs in your case, then you pay those costs. However, the costs are minimal. For example, you must pay for a copy of your medical records. The  medical record cost is whatever your doctor charges. You owe costs whether we win or lose your case. But, to hire most lawyers, you have to pay attorney fees upfront. That doesn’t happen when you hire our law firm to help you win SSD and SSI benefits

WHAT OUR LAW FIRM DOES FOR YOU

You do not have to obtain SSD benefits on your own. We can help file your SSD application. Also, we can help you through each of the appeal stages of the Social Security process.

When you leave that up to us, you can focus on your health. Our attorneys and staff can:

• Help you file your application for SSD and SSI benefits
• File an appeal if you receive an initial denial from DDS
• Collect your medical records
• Help you confirm your free SSA Doctor Exam
• Request a Hearing with an SSA judge
• Prepare you to testify at your ALJ hearing
• Represent you at your hearing and question the expert witnesses.
• Read about job expert testimony
• Learn about medical expert testimony
• Request review of an decision with the Appeals Council
• Request review of an Appeals Council denial in Federal Court

If you file your SSD application online at Social Security’s website, then you have 6 months to complete the application. It is best to complete the application quickly. You don’t want to run out the 6 month time limit.

WE ARE EXPERTS AT WINNING SSDI AND SSI BENEFITS 

In the last 30 years, Cannon Disability Law has won over 20,000 SSD and SSI cases. Additionally, we have won over $100 million in ongoing and past due benefits for our clients. During the time we have been in business, the Social Security Administration has changed many of their rules.

Therefore, over time, it has become more difficult to win Social Security cases. Also, the medical evidence and listing rules are harder to meet. Individuals who go to the hearing without an attorney are not usually successful in winning benefits.

If you have epilepsy or any other type of neurological disorder, then you need to file for benefits. Especially if you know that you are not going to be able to work for more than 12 months. Also, you need to do it right away. Don’t wait. It is a mistake to wait, thinking you might go back to work. After all, you might not. But if you do, then you can always stop the application at a later date. Additionally, the same rule for seizures also apply to an application for narcolepsy.

Meanwhile, if you don’t go back to work, you have a start on the long process. SSDI benefits and SSI benefits are available to you if you start an application on the Social Security website. We can help you file your SSD and SSI application. Also, we can help you appeal an SSA denial. Contact our law firm. Make your first step toward winning your benefits.

HIRE US TO WIN YOUR SSD AND SSI BENEFITS

In order to hire our SSD law firm, all you need to do is call or contact us. We offer a free review of your case. And, it doesn’t cost anything to call us.  Better yet, it also doesn’t cost you any upfront money to hire us. Why? Because you only pay us an attorney fee if we win your case. If we win your SSD case, THEN you pay out of your back benefits. If you do not win, then there is no attorney fee to pay.

Earlier, you saw that your SSI benefits don’t begin until you apply for benefits. This is true, even if your seizures started prior to filing your application for benefits. You can also never be paid SSD benefits until you apply. However, SSD benefits are payable one year prior to the date of your application. As long as you were not working.

At Cannon Disability Law, we can help you apply for benefits if you are having seizures. Also, we can help you appeal an SSA denial. Likewise, we can represent you in court. We will help you testify in your case. If necessary, we can also appeal your case to the Appeals Council. Additionally, we file appeals in Federal Court. Our advice is to appeal any denial you receive. Finally, we can represent you no matter where you live. For example, we can represent you if need an attorney in Utah or Nevada. Also, we can help you if you live in Idaho, Colorado, or California. If you have epilepsy or seizures, then give us a call today. We can help you win benefits.