Social Security defines disability (Epilepsy) as an inability to engage in any substantial gainful activity because of a medically determinable physical or mental impairment, or which has lasted or can be expected to last for a continuous period of not less than 12 months.
STEP THREE states that In epilepsy, regardless of etiology, degree of impairment will be determined according to type, frequency, duration, and sequelae of seizures. At least one detailed description of a typical seizure is required. Testimony of persons other than the claimant is essential for description of type and frequency of seizures if professional observation is not available. Epilepsy is evaluated under the neurological body system – medical listing 11.02 and 11.03.
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:
Daytime episodes (loss of consciousness and convulsive seizures) or
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 treatment. With alteration of awareness or loss of consciousness and transient postictal manifestations of unconventional behavior or significant interference with activity during the day.
STEP FOUR explores the ability of an individual to perform work he has done in the past despite his epilepsy disability. If SSA finds that a person can do his past work, benefits are denied. If the person cannot, then the process proceeds to the fifth and final step.
STEP FIVE looks at age, education, work experience and physical/mental condition to determine what other work, if any, the person can perform. To determine disability, SSA enlists vocational rules, which vary according to age.
For example, if a person is:
Under age 50 and, as a result of the symptoms of epilepsy, unable to perform what SSA calls sedentary work, then SSA will reach a determination of disabled. Sedentary work requires the ability to lift a maximum of 10 pounds at a time, sit six hours and occasionally walk and stand two hours per eight-hour day.
Age 50 or older and, due to his epilepsy disability, limited to performing sedentary work but has no work-related skills that allow him to do so, SSA will reach a determination of disabled.
Over age 60 and, due to his epilepsy disability unable to perform any of the jobs he performed in the last 15 years, SSA will likely reach a determination of disabled.
Any age and, because of epilepsy, has a psychological impairment that prevents even simple, unskilled work, SSA will reach a determination of disabled.
Problems To Overcome In Receiving Social Security Disability Benefits
More than one million people will file for benefits from the Social Security Administration this year. The bad news is, 60% who apply for benefits will be denied. The good news is, help is available to improve your odds of getting benefits, should you or a loved one become disabled.
All working Americans contribute 7.65 percent from every paycheck to FICA tax. Some of that payment goes toward disability insurance coverage by the Social Security Administration. However, bureaucratic problems plaguing SSA’s Disability Insurance program prevent fair and speedy distribution of benefits to people who are eligible.
These are some of the problems you’ll face if you choose to apply by yourself:
A backlog of more than a million unprocessed disability claims;
An average five-month wait after filing a claim before receiving an answer on the initial claim, and almost a year of additional delays if the claim is appealed;
A backlog of 1.5 million disability cases now awaiting review, with another half million cases coming up for review each year.
social security does consider epilepsy a disability...you can file go to your local social security office.....
2006-06-20 17:40:35
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answer #1
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answered by purple 6
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The system is ugly!... People who need help don't get it, others scam the system... It's like they toss cards in the air and if enough land on the right side of a line, you get help; if not, you don't. The system is disgusting!
Keep appealing.
2006-06-20 17:16:06
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answer #2
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answered by cosmosclara 6
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Have you filed more than once?...they usually turn you down the first time..more than likely to see if you are seriously in need..appeal and keep trying. They usually won't approve anything they think can be cured...they don't even approve cancer.
2006-06-20 17:10:51
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answer #3
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answered by T J 3
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Wow, I can't believe they're not!! That's just wrong!
2006-06-20 17:08:38
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answer #5
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answered by *AstrosChick* 5
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