Saturday, September 1, 2012

How I Won SSI SSDI Disability Benefits for Epilepsy

Epilepsy is a  neurological disorder marked by sudden

recurrent episodes of sensory disturbance, loss of

 consciousness, or convulsions, and may be so severe that

you can get social security disability benefits.

I just won a case at the Cincinnati office of adjudication

hearing and appeals in front of a Federal Administrative Law

Judge Boylan.

 Social Security Disability Listings for Epilepsy 

I knew the listings for social security for epilepsy. Not every illness or a disease has a listing.

Listings are important because if they are met and you are not working you are found disabled 

and entitled to get benefits. In effect if you meet or equall a listing you are presumed incapable
of gainful employment for at least one year.

Here are the two listings for epilepsy:

11.02 Epilepsy - convulsive epilepsy, (grand mal or psychomotor), documented by detailed description of a typical seizure pattern, including all associated phenomena; occurring more frequently than once a month, in spite of at least 3 months of prescribed treatmentWith:
A. Daytime episodes (loss of consciousness and convulsive seizures) or
B. Nocturnal episodes manifesting residuals which interfere significantly with activity during the day.

11.03 Epilepsy - nonconvulsive epilepsy (petit mal, psychomotor, or focal), documented by detailed description of a typical seizure pattern including all associated phenomena, occurring more frequently than once weekly in spite of at least 3 months of prescribed treatmentWith alteration of awareness or loss of consciousness and transient postictal manifestations of unconventional behavior or significant interference with activity during the day.


     How I Proved My Client Met The SSDI SSI Listings For Epilepsy

So with the listings in hand I sought evidence that would mimic those listings. My client had childhood epilepsy so we got all the records we could from treating doctors. We were able to obtain two EEG tests that proved evidence of epilepsy in the brain. 

I also gathered the test results of his blood at various intervals to show that his medicine for epilepsy was always in his blood. Many times judges will find against an epileptic if his blood testing does not show evidence in the therapeutic range. although I have seen epileptics that processed their medicine so quickly that their blood tests were misleading. You need a doctor to explain that scenario.

My client was totally prepared to testify about the results after an epileptic seizure. Some he could describe and some he  could only describe the after effects. Such as prolonged fatigue and sleeping for 10-15 hours after a grand mal seizure.

     Secondary Corroboration Seizure Diary

Another key is having the client keep a diary as well as a third party keep a diary. Seizures need corroboration, that is, other evidence apart from the clients own mouth. In this case the client lived with his father and I had his father keep a diary. 

8170 Corporate Park Drive 
Cincinnati, Ohio 
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