Is Epilepsy a Disability? Social Security Disability Claims

Whether epilepsy is considered a disability under social security depends on a few factors. The type, frequency and severity of seizures and how it impacts the afflicted individual's ability to work determine whether the condition is a disability.

The Definition of Epileptic Disability

The Social Security Administration (SSA) recognizes epilepsy as a disability, and defines it as the reoccurrence of seizures which include a loss of consciousness, ability to control the body and convulsions. Seizures can occur during the day or at night, and can be categorized either as "convulsive" or "non-convulsive." The latter categorization still involves convulsions, but only of a particular section and not the entire body.

The agency only recognizes epilepsy as a disability if it occurs despite the individual's adherence to a "prescribed epileptic treatment" program. Because treatment is usually in the form of medication, the SSA pretty much requires that the individual consistently take medication intended to prevent seizures, but experiences them nonetheless. The individual must also experience a substantial inability to work due to their seizures. Therefore, the individual needs not only to be on medication and continue to have seizures, but also be unable to work due to their seizures.

The Debate about Epilepsy

The fact that the SSA only recognizes epilepsy as a disability if the affected individual is on medication to prevent seizures has caused significant debate. Critics claim that the SSA's definition does not adequately recognize the severity of the disease or the difficulty in controlling it.

One of the largest issues of debate with the SSA's definition is the fact that it requires the individual to be on medication. Sometimes, epileptics are unable to take medication because it has not helped them in the past, it does not affect the frequency of their seizures or it actually causes them to have more seizures. Therefore, what the SSA requires, many critics state, could actually cause the epileptic individual more harm than good.

Critics argue that the mere fact of being an epileptic often has a significant impact on employment. Some employers cannot or will not hire epileptics because of hazards in the workplace. Similarly, some insurance companies will not allow employers to hire epileptics because of the risk that they will injure themselves on the job. Therefore, critics state, epileptics often have limited work choices and a "substantial disability" when working.

Filing a Disability Claim for Epilepsy

If you intend to file a disability benefit claim for epilepsy, it is important to show the SSA that you have attempted to or currently comply with its requirements for the illness. Demonstrate that you are on medication, but that you continue to experience seizures. If you are not on medication, try to obtain documentation showing that you have tried medication in the past, or at the very least that a physician believes that taking medication would be harmful to you. This may induce the SSA to make an exception to the rules concerning the disability. You must also show that you are unable to work due to your seizures. This is even more important if you are not on medication.

If you believe that your disability claim for benefits due to your being epileptic will be denied, seek legal advice. An attorney will review your disability and the SSA's rules and discuss what to include in your application to make it more likely that it will be approved.

For more information, see these tips on Applying For Social Security Disability Based on Seizure Disorder