Getting Disability Benefits for a Child With Epilepsy

Children with frequent seizures and low income can qualify for disability benefits from SSI.

Children with epilepsy may be able to get federal disability benefits in the form of Supplemental Security Income (SSI.) However, to be eligible, the child must meet both the Social Security Administration's (SSA’s) definition of disabled  and  an income and asset test (based on the child's parents’ financial situation). This means that even if the SSA decides a child is disabled, he or she will not be entitled to SSI if the child’s parents make too much money or have too many other resources. (Learn more in our article on  childhood SSI.)

Epilepsy is a neurological disorder characterized by seizures, which occur when the brain’s cells send too many signals to the body and disrupt the brain’s normal function. Frequently, there is no known cause of epilepsy, but it can be caused by  birth trauma or head injuries,  congenital brain development problems,  brain tumors,  heredity, ormedications.

Whether epilepsy results in severe limitations for a child (in other words, is disabling) depends on its severity and its type. Sometimes, even small seizures can damage the brain. Children with epilepsy may experience personality and mood changes, difficulty in school, and injuries during a seizure.

Does a Child With Epilepsy Meet the Definition of Disabled?

The SSA has identified some medical conditions that are severe enough to usually warrant an approval of benefits; these conditions are spelled out in “impairment listings.” Epilepsy is one of the listed impairments that may entitle your child to an automatic approval of benefits. The listing, 111.02, was changed significantly in 2016.  

To meet the listing today, you will need to show that your child suffers from:

  • generalized tonic-clonic (grand mal) seizures that occur at least once a month for three consecutive months, or
  • dyscognitive seizures that occur  at least once a week for three consecutive months.

It may be helpful to talk to your child’s neurologist to see if her epilepsy meets the listing requirements. You can visit the SSA’s website for more information about the  childhood epilepsy listing.

How Can My Child Get SSI If His Epilepsy Doesn’t Meet the Listing?

Children whose epilepsy doesn't technically meet one of the listings but still interferes with their functioning may still be able to get disability benefits. In these cases, Social Security must agree that your child’s epilepsy causes a “marked” (severe) limitation in two areas of functioning or an “extreme” limitation in one area of functioning. (In that case, Social Security will say that your child's condition "functionally equals the listings.")

Here are the six areas of functioning  (called domains) the SSA will assess:

  • learning and using information
  • attending and completing tasks
  • interacting and relating with others
  • moving about and manipulating objects
  • caring for personal needs, and
  • the child’s general health and physical well-being.
If Social Security finds that your child's functioning in these areas is extremely or markedly limited, your child will be approved for SSI.  For more information  on how the SSA assesses how significantly your child's seizure disorder affects these domains, see our article on  functionally equaling the listings.

Getting Help From an Attorney

Trying to prove your child's condition fits into Social Security's definition for disability can be difficult and time-consuming, especially for a parent who is caring for a disabled child. It may be helpful to talk about your child’s case with a disability attorney who is experienced in representing children. To find an attorney in your area to talk to, fill out our  request for consultation with a disability attorney.

The requirements are a bit different for adults with epilepsy; if you are an adult, see our article on  disability for adults with epilepsy  for more information.

Talk to a Lawyer

Need a lawyer? Start here.

How it Works

  1. Briefly tell us about your case
  2. Provide your contact information
  3. Choose attorneys to contact you
FEATURED LISTINGS FROM NOLO
Swipe to view more
MAKE THE MOST OF YOUR CLAIM

Get the compensation you deserve.

We've helped 225 clients find attorneys today.

How It Works

  1. Briefly tell us about your case
  2. Provide your contact information
  3. Choose attorneys to contact you