Social Security Disability Claims of Seizure Disorder & Epilepsy

The Social Security Administration's disability program handles seizure disorder, or epilepsy, in a way very similar to how it evaluates the respiratory impairment, asthma.

To be approved for benefits based on this neurological condition, the following two requirements must be met:

1.   a claimant must have a specified number of attacks, or episodes, occurring within a specified period of time.

AND

2.   the episodes must occur even with---or, rather, despite---a claimant's full compliance with prescribed medications.

In other words, it is not enough that a disability claimant can demonstrate proof of a seizure disorder, or epilepsy, diagnosis. A claimant's records must also indicate that anti-seizure medication has been prescribed, is being taken as directed, and that attacks continue to occur nonetheless.

How frequent must these attacks be, according to social security regulations?

It depends on the type of epilepsy, or seizure disorder, that a disability claimant has.

If a claimant's particular form of seizure disorder is classified as convulsive epilepsy (grand mal seizures), such seizures must occur more frequently than once per month, in spite of at least 3 months of prescribed treatment.

• Convulsive seizures, if they occur during the day, must also involve loss of consciousness (and, of course, convulsions).
• If they occur at night, they must have the effect of interfering with the individual's activities on the following day.

If a claimant's seizure disorder is classified as nonconvulsive epilepsy (petit mal seizures, or focal seizures), such seizures must occur more frequently than once per week, in spite of at least 3 months of prescribed treatment.

Additionally, nonconvulsive seizures must involve either loss of consciousness, alteration of awareness (i.e., confusion or disorientation), or have the effect of interfering with the individual's activities during the day.

The following article points out tips that disability claimants with seizure disorder or epilepsy should keep in mind.

Applying for Disability with Seizure Disorder