To limit the spread of the Coronavirus we are asking you not to visit our offices. We want to keep our business open and keep working on your case. We can't do that if we are sick. So please do not visit our office building. If you need to speak to us, call us or contact us on this website's contact page. Thank you for your understanding.

Close Menu

EPILEPSY AND SEIZURES

SSD benefits are available for Epilepsy and for seizures. If your seizure medications are not controlling your Epilepsy and are unable to work, you may be eligible to receive disability benefits. Social Security Disability benefits and Supplemental Security Income benefits are paid through the Social Security Administration (SSA). The SSA offers monthly benefits to provide financial assistance to adults and children who are unable to work for over 12 months because of their medical condition.

Adults and children with severe, uncontrolled Epilepsy can both qualify for disability benefits. SSA’s Disability benefits are long-term benefits, not short-term benefits. In order words, they are meant for individuals who have such severe seizures that they cannot work. This means that even with prescription medication, your seizures continue to occur on an ongoing weekly or monthly basis.

Medical documentation is the key to getting your SSD or SSI claim approved. You need to provide detailed medical records, including progress notes about your treatment from your physician. You will also need to show that, despite complying with treatment, your seizures impact your daily life and your ability to perform regular tasks.

Epilepsy and seizure awareness concept. Brain and encephalography in epilepsy patient during seizure attack, 3D illustration in purple color

APPLYING FOR SSD & SSI DISABILITY BENEFITS

To apply for disability, you can visit the SSA’s website or you can call their number, 1-800-772-1213. Additionally you can schedule an appointment at the local SSA office near you. Beginning the application process is easy, especially if you start online. If you need help with the application process, contact the specialists at Cannon Disability Law to help you apply for benefits.

We recommend applying for benefits through your SSD attorney. Your lawyer will make sure that the application is complete. Additionally, your lawyer can submit your medical records. She can also submit disability information with your SSD application.

THE DIFFERENCE BETWEEN THE SSD & SSI PROGRAMS

The federal government has two different disability programs, Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI). To qualify for either, you must have a disability that limits your ability to work for greater than one year or that will result in death. To be eligible for SSD, you must have work credits. The SSI program, however, has income and asset restrictions.

Funded through payroll taxes, SSDI pays disability benefits to individuals with a work history. If the SSA approves you for benefits, 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.

After receiving Social Security disability benefits for two years, you will be eligible for Medicare. You may also be eligible for Medicaid, if you meet your state’s income requirements.

SSI BENEFITS FOR EPILEPSY AND SEIZURES

SSI disability benefits are for those who have not worked. Or, they are for those who are considered low-income; a work history is not a requirement. Once you are approved, you should start to receive benefits in the next month. It is important to remember that in order to get SSI benefits, you also have to meet the income and asset limitations.

The SSI income and asset limitations are different depending 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 something that could be sold. For example, a motorcycle, if you already have a car. Or, a boat and a 4-wheeler for vacations. These items are seen as sellable and an asset to you by the SSA. You may also be eligible for Medicaid payments in your state. Although, in some states, you must apply separately for Medicaid benefits.

WHAT IS EPILEPSY AND SEIZURE DISORDER?

Epilepsy is a chronic disorder that causes unprovoked, 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 occur that may be difficult to recognize. They can last a just a few seconds where you are not aware of what is going on. Stronger seizures, however, can cause muscle twitches, uncontrollable muscle spasms, and 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
  • medication overdose

Typically, an individual receives the diagnosis of Epilepsy if they have two unprovoked seizures. Or, they may also receive a diagnosis of 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.

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 typically found for both kinds of epileptic seizures:

GENERALIZED ONSET SEIZURES:

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

  • brief muscle twitching,
  • muscles becoming tense or rigid (tonic)
  • or epileptic spasms (body flexes and extends repeatedly).

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 twitches 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, brief muscle twitching, or epileptic spasms. There may also be repeated automatic movements. Examples are clapping or rubbing of hands, lip-smacking, biting, chewing, or running.
  • Non-motor symptoms: Examples of symptoms that don’t affect movement could be changes in emotions, sensations, cognition, or autonomic sensations. For example, the individual might experience waves of heat or cold, goosebumps, or a racing heart.

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

MEETING THE DISABILITY CRITERIA FOR EPILEPSY AND SEIZURES UNDER LISTING 11.02

There are specific criteria that must be met in order to be approved for disability benefits. Whenever anyone applies for Social Security benefits, the SSA will evaluate your epilepsy to its medical guide known as the Blue Book. These SSA regulations will list exactly how severe your epilepsy needs to be to qualify. Section 11.00 focuses on neurological impairments, which includes epilepsy and seizure disorder. Additionally, your seizure must occur with the frequency found in the listing:

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 (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

B. 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:

  1. Physical functioning (see 11.00G3a); or
  2. Understanding, remembering, or applying information (see 11.00G3b(i)); or
  3. Interacting with others (see 11.00G3b(ii)); or
  4. Concentrating, persisting, or maintaining pace (see 11.00G3b(iii)); or
  5. 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:

  1. Physical functioning (see 11.00G3a); or
  2. Understanding, remembering, or applying information (see 11.00G3b(i)); or
  3. Interacting with others (see 11.00G3b(ii)); or
  4. Concentrating, persisting, or maintaining pace (see 11.00G3b(iii)); or
  5. Adapting or managing oneself (see 11.00G3b(iv)).

RESOURCES FOR EPILEPSY AND SEIZURES

The National Association of Epilepsy Center is a resource for those with Epilepsy and seizures. The NAEC is a member of the Epilepsy Leadership Council (ELC). The Council is a collation of consumer, governmental, health professional, and advocacy organizations. They are working to improve care for and also advocate for people with epilepsy and their caregivers. Each ELC membership organization contains a number of patient resources. Member organizations of the ELC include:

Contacting one or more of these resources is beneficial for those with seizures or Epilepsy. There is also ongoing research to find a cure of seizures. Likewise, there are many organizations that can offer support to you and your caregivers.

IF YOU NEED DISABILITY BENEFITS FOR EPILEPSY AND SEIZURES CONTACT CANNON DISABILITY

If you don’t hire an attorney, then there is a good chance you will not win your case at your disability hearing. In order to cross-examine the medical or vocational expert, you need a disability 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 disability hearing. Don’t take that chance. Hire a lawyer in Las Vegas, Nevada and Salt Lake City, Utah with the experience you need to win your disability claim.

SOCIAL SECURITY DISABILITY AND SSI CASES ARE OUR SPECIALTY

In the last 30 years, Cannon Disability Law has won over 20,000 disability hearings for our clients. Additionally, we have won over $100 million in ongoing and past-due SSD and SSI disability benefits for our clients. During the time we have been in business, we have seen the Social Security Administration change their policies. Over time, it has become far more difficult to win Social Security cases. Also, the medical evidence and listing requirements are harder to meet. Individuals who come to the hearing without representation are typically not successful in winning benefits.

If you have Epilepsy or any other type of neurological disorder. And, you know that you are not going to be able to work for more than 12 months. Then, you need to apply for disability benefits. 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 withdraw the disability application.

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 Cannon Disability Law today and win your disability benefits.

HOW TO HIRE CANNON DISABILITY TO WIN YOUR SSD AND SSI BENEFITS

In order to hire Cannon Disability Law, all you need to do is call or contact us. We offer a free consultation over the phone. And, it doesn’t cost anything to call us.  Better yet, it also doesn’t cost you any money to hire us. Why? Because you only pay us an attorney fee if we win your case. This is a contingency fee. It means if we win your SSD case, you pay out of your back benefits. If you do not win, there is no attorney fee to pay.

Earlier, you saw that your SSI benefits don’t begin until you apply for benefits. Even, if your seizures started in the past. You are also not eligible for 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. Also, we can help you appeal an SSA denial. Likewise, we can represent you in court. We will help you be a witness in your case. If necessary, we can also appeal your case to the Appeals Council. Additionally, we file appeals in Federal Court. Finally, we can represent you where you live. For example, we can represent you if need a disability attorney in Utah or Nevada. Also, we can help you if you live in Idaho, Colorado, or California. Give us a call today. We can help.

HIRE A disability ATTORNEY

Facebook Twitter LinkedIn
Contact Form Tab

Quick Contact Form