Can I Apply For Social Security Disability Benefits if I have Seizures?

Many people are surprised to learn that the Social Security Administration (SSA) denies many disability claims based on a seizure disorder.  Seizures come without a moments notice and can leave the patient with lifelong health consequences.  However, the frequency of the seizures and failure to follow prescribed treatment are two main reasons SSA denies disability claims for seizure disorders.  In some cases patients with seizures will receive disability for another medical diagnosis which may be a direct result of having seizures; not the seizure disorder itself.

Contacting a New Mexico disability attorney is the most advisable action to take before applying for SSA disability benefits.  The disability lawyer will walk you through the Social Security application process and provide advice on keeping up-to-date medical records and documenting the dates of your seizures.

For major motor seizures (grand mal or psychomotor seizures) or minor motor seizures (petit mal, psychomotor, or focal), the Social Security Administration requires copies of any EEG which documents the seizures and seizure patterns.  Below is a list of several other Social Security requirements:

• Copies of all medical records including a description of the seizures and the frequency of the seizures from a medical source and a family member/close friend;
• The seizures must occur at least once per month;
• At least three months of prescribed treatment;
• Timetable of seizures; and
• Description of how the seizures debilitate normal everyday activities.

Seizures must consist of daytime episodes consisting of a loss of consciousness, convulsive seizures or nocturnal episodes that manifest residuals and interfere with activity during the day.  Seizures that occur only during the night are rarely found to be disabling because they usually don’t interfere with daytime activities severely enough to prevent all types of employment.

Working directly with an experienced Social Security attorney prior to applying for disability benefits or after receiving a rejection letter from SSA is critical to ensure your rights are protected.  Too often disabled patients are rejected and denied Social Security benefits for a variety of reasons.  Do not allow a small administrative error to keep you from the benefits you and your family have a legal right to receive.