Proving Epilepsy

We seem to have more than a few clients that suffer from epilepsy. Social Security has two listings that define how epilepsy can be disabling.

    ONE

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 treatment. With:

A. Daytime episodes (loss of consciousness and convulsive seizures) or

B. Nocturnal episodes manifesting residuals which interfere significantly with activity during the day.

AND

    TWO

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 treatment. With alteration of awareness or loss of consciousness and transient postictal manifestations of unconventional behavior or significant interference with activity during the day.

Epilepsy is especially difficult to prove if you don’t continue to get medical documentation to support the number of seizures you have. We gather all the medical records as well as attempt to get your doctor to fill out a Medical Source Statement. In many cases we will also gather letters from your family, friends, and former coworkers substantiating your case.

(Rangeley C. Bailey is an attorney at Jebaily Law Firm, PA in Florence, SC. Please do not see this as legal advice, but feel free to contact me to set up a free consultation for Social Security Disability claim.)