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SSDI BENEFITS FOR SEIZURE DISORDER

Epileptic or epileptic-type seizures may qualify for Social Security disability benefits.  Seizures are evaluated under Listings 11.02 and 11.03 in the Social Security "Blue Book," (20 CFR 404, Subpart P, Appendix A).

The following are general guidelines for benefits:
  • For convulsive seizures (Listing 11.02) - you must show
  • Daytime seizures that cause you to convulse or lose consciousness
    OR
  • Nighttime seizures that cause severe complications for you during the day, like problems staying awake, thinking clearly, or coordinating your physical movements.
In addition to experiencing seizures that meet this listing, you must also continue to have seizures at least once a month after you’ve been on anti-seizure medication(s) for at least three months.
  • For non-convulsive epilepsy (listing 11.03), you must prove to Social Security that you experience:
  • Seizures that occur during the day or night
    AND
  • Cause you to experience pronounced issues after each seizure, which may include things like unusual behaviors, trouble thinking, a lack of energy, difficulty staying awake, or other symptoms that significantly interrupt daytime activities.
To qualify under this listing, you must not only meet the requirements listed above, but must also continue to experience seizures at least once a week even after taking anti-seizure medication(s) consistently for at least a three-month period.

 If seizures can be controlled by medication to a point that you do not have a seizure at least once a month, Social Security will likely not award benefits.  I highly recommend that you keep a diary of each time a seizure occurs and what happens (loss of consciousness, convulsions, tongue biting, bladder or bowel incontinence, etc.).  Date each occurrence and try to have someone who witnessed the seizure to sign the diary as a witness.

 As we have discussed, it is vital to take anti-convulsive medication prescribed by your doctor and to allow your doctor to adjust the type and dose of the medication to try to control the seizures.  The big questions with Social Security will be:  Can the seizures be controlled with appropriate medications?  Also:  Has the claimant been compliant with medical recommendations?  Are their drug tests which prove you are taking your seizure medication(s) as prescribed?

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