Does Social Security Disability Understand Headaches and Migraines?
You have to really wonder about this. As a disability examiner, I recall having cases in which severe headaches, cluster headaches, and migraines were indicated on the disability application. Unfortunately, I don't recall being allowed to approve many of these cases. Why do I say "allowed"? Because, though disability examiners are the individuals who render disability decisions at the initial claim and reconsideration level, they are compelled to stay within the decisional policies of their unit supervisors. What do I mean by "compelled"? I mean that if you make decisions your supervisor doesn't like, the supervisor will begin to make your life very unpleasant.
As I said, I don't recall seeing many approvals for migraines and severe headaches. When I became involved in disability representation, however, that changed a bit. That's because I began to see first hand the decisions made at hearings. These decisions, of course, as a group, were significantly different and often more favorable to the claimant. Why? Because disability judges (known as ALJ or administrative law judges) are independent and somewhat autonomous. Unlike disability examiners at DDS (disability determination services, the agency that renders decisions for the social security administration--it goes by different names in different states) who have unit supervisors breathing down their necks and who tend to restrict the numbers of approvals coming out of their respective processing units, judges have leighway to make decisions as they see fit.
Why am I discussing the subject of headaches and migraines in this post? Because I read a claimant's blog and this is what she had to say about her condition.
A. She has daily headaches which are blinding (literally loss of vision).
B. Her headaches come on without warning.
C. Her headaches resulted in her using medical leave at work and eventually she was fired from her job.
D. Her condition is severe enough that her treating physician won't allow her to drive.
Of course, she was denied for disability. Her question, in a letter to them, was this: Her denial letter said she could be in a low stress low contact job. How can this be accomplished if she has been medically restricted from driving, particularly when she lives in a part of the country that has no public transportation?
This is why, in my opinion, we have a disability appeals process that includes judges and hearings. Judges are not monitored by supervisors who are intent on holding down the number of approvals because one case out of one hundred might be intercepted by quality control and deemed to be an incorrect approval (heavens, we can't be wasting the public funds, now can we?). Judges also respect the opinions of treating physicians while at the initial claim and reconsideration levels, the opinions of treatings physicians are routinely ignored (trust me, as a former disability examiner, I know what I'm talking about here).
Will you be approved on a disability application if your condition involves headaches or migraines. Statistically, the odds are against you. However, as I always say, the odds improve substantially if you follow the appeals process and get your case heard by a judge. At a hearing with representation, the odds are actually in your favor.
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As I said, I don't recall seeing many approvals for migraines and severe headaches. When I became involved in disability representation, however, that changed a bit. That's because I began to see first hand the decisions made at hearings. These decisions, of course, as a group, were significantly different and often more favorable to the claimant. Why? Because disability judges (known as ALJ or administrative law judges) are independent and somewhat autonomous. Unlike disability examiners at DDS (disability determination services, the agency that renders decisions for the social security administration--it goes by different names in different states) who have unit supervisors breathing down their necks and who tend to restrict the numbers of approvals coming out of their respective processing units, judges have leighway to make decisions as they see fit.
Why am I discussing the subject of headaches and migraines in this post? Because I read a claimant's blog and this is what she had to say about her condition.
A. She has daily headaches which are blinding (literally loss of vision).
B. Her headaches come on without warning.
C. Her headaches resulted in her using medical leave at work and eventually she was fired from her job.
D. Her condition is severe enough that her treating physician won't allow her to drive.
Of course, she was denied for disability. Her question, in a letter to them, was this: Her denial letter said she could be in a low stress low contact job. How can this be accomplished if she has been medically restricted from driving, particularly when she lives in a part of the country that has no public transportation?
This is why, in my opinion, we have a disability appeals process that includes judges and hearings. Judges are not monitored by supervisors who are intent on holding down the number of approvals because one case out of one hundred might be intercepted by quality control and deemed to be an incorrect approval (heavens, we can't be wasting the public funds, now can we?). Judges also respect the opinions of treating physicians while at the initial claim and reconsideration levels, the opinions of treatings physicians are routinely ignored (trust me, as a former disability examiner, I know what I'm talking about here).
Will you be approved on a disability application if your condition involves headaches or migraines. Statistically, the odds are against you. However, as I always say, the odds improve substantially if you follow the appeals process and get your case heard by a judge. At a hearing with representation, the odds are actually in your favor.
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