This information may help claimants with representation, as well as claimants who are not represented by an attorney or non attorney representative. Understanding how the Social Security Disability system works can make the difference between winning or not winning the continuing disability benefits and backpay to which a person is entitled. To win a claim for ongoing and past due benefits, claimants should learn about the disability process to improve their chances of winning ssi or ssd - ssdi benefits. |
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As is the case with many disabling impairments, winning a claim for Social Security Benefits based on seizure disorder, or epilepsy, can be somewhat difficult.
The following checklist may be helpful for claimants with this diagnosis. 1. Try to be seen by a physician when seizures occur. 2. Keep a diary of seizure episodes. 3. Keep friends and family up to date with your condition. 4. Stay compliant with medications that have been prescribed. Why are the items on this checklist so important? We will discuss each in detail. Why it's important to be seen by a doctor after a seizure episode 
Claimants who experience seizures on a regular basis often consider that a trip to a doctor or hospital after a seizure has occurred will simply mean hours of waiting with no appreciable medical benefit. And, more often than not, this may be the case. Nevertheless, since seizure disorder cases are evaluated by SSA on the basis of how often seizures occur---for disability claimants, it is essential to make these trips. Without them, there is no corroborating documentation in a claimant's medical records. In other words, there is no proof. Claimants who decide not to go to a medical facility after a seizure, usually with the rationalization "the seizure is over and I feel fine now", should remember that physicians, upon examination, can often detect post-seizure residual effects which can be documented in a claimant's medical records. Why it's important to keep a diary of seizure occurences The reason for keeping a diary harkens back to the first item on the checklist. Disability claimants do not follow up seizure episodes with visits to medical facilities should, at the very least, keep a personal record of seizure occurrences. Though documentation of this type cannot replace a doctor's records, in most cases a diary will still be reviewed by a disability examiner or administrative law judge and can serve to strengthen an individual's claim. Why it's important to keep friends and family updated Disability examiners often contact claimants to question them regarding their ability to perform normal daily activities (otherwise known as ADLs--activities of daily living). However, they sometimes make similar calls to the friends and relatives of claimants. These calls are known as third-party ADLs and the information gleaned in such conversations can be used to help justify denials on claims. In fact, it is the opinion of many former, and even current, disability examiners that ADL calls are used mainly for this purpose. It is for this reason that claimants should ensure that the people they list as contacts on the disability application---friends and family---are fully aware of their medical condition and status. Why it's important to stay compliant with prescribed medication
Disability examiners and Judges alike review medical records to learn if claimants have been prescribed medication. Prescriptions, to some extent, may validate the severity of a medical impairment. However, when records indicate that prescriptions have been written, yet also show that a claimant has not been compliant in taking prescribed medicine, it becomes very difficult to win an approval. And, generally, this is due to one question lingering in the mind of the disability examiner or Judge, which is simply: Would the claimant be able to work if prescriptions were being taken as directed? Most often, this is a question that can never be fully answered. But lacking an answer, a disability claim will almost always be denied. Claimants with seizure disorder or epilepsy who wish to follow their doctor's prescription regime, but, for lack of finances or medical insurance, cannot do so should seek local assistance for this purpose. Unfortunately, local assistance often equates with "slim to none". But, occasionally, county health departments and municipal free clinics can provide assistance in obtaining needed medications. Disability Advocates Help with Claims Free Case Evaluation |
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