Epilepsy and Your Ability to Work: Social Security Benefits

Epilepsy is a neurological disorder that causes sudden recurrent seizures, convulsions and blackouts. Those who suffer epilepsy can receive Social Security benefits if they meet certain criteria. Social Security requires a five-step process to determine whether a claimant with epilepsy qualifies for disability insurance. If the epilepsy impairment does not prevent substantial gainful activity, the claimant's request for benefits will be denied.

SSA Evaluation Policy

The claims examiner determines the degree of impairment according to type, frequency, duration, and sequelae (complications) of the seizures. The examiner requires at least one detailed description of a typical seizure by the reporting physician or testimony of other persons.

Claimant must show the impairment persists despite following prescribed treatment(s). The claimant's file must contain information regarding the treatment history as well as his or her response. If an individual does have ongoing treatment, the examiner cannot assume the seizures are not controllable with medication. Also, if the individual uses alcohol or drugs the examiner will consider how those may affect prescribed therapy or may play a part in the precipitation of seizures.

Five-Step Eligibility Process

(1) Substantial Gainful Activity

The examiner determines whether the individual is working according to SSA's definition. The litmus is whether the individual can engage in "substantial gainful activity." Earning more than $1,000 a month will disqualify the claimant from receiving benefits.

(2) Severity

The impairment must be severe enough to significantly limit the claimant's ability to perform basic work activities required by most jobs. The evaluation will examine the claimant's ability to do simple activities such as walk, stand, push, lift, reach, carry or pull. Additionally, the evaluation will look at other factors such as the claimant's ability to see, hear or speak; understand simple instructions; respond to supervision; and deal with changes in a routine work setting.

(3) Evaluation

Epilepsy is evaluated under the neurological body system – medical listing 11.02 and 11.03.11.02 Convulsive epilepsy (grand mal) that includes all associated phenomena; that occurs more frequently than once a month, in spite of at least three months of prescribed treatment.11.03 Non-convulsive epilepsy (petit mal) that includes all associated phenomena, occurring more frequently than once weekly, in spite of at least three months of prescribed treatment.

(4) Past Work Performance

The examiner looks at an individual's ability to perform work they have done in the past despite their epilepsy. If the SSA finds that a person can do his past work, benefits are denied.

(5) Review of Age, Education, Work Experience

The examiner reviews the claimant's age, education, work experience as well as physical and mental condition to determine what other work, if any, the person can perform. The SSA enlists medical-vocational rules that vary according to age. The following criteria allow benefits for the claimant if due to the epilepsy:Under age 50 - unable to perform sedentary work which 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 - limited to performing sedentary work but has no work-related skills that allow him or her to do so;Age 55 or older - limited to performing light work, but has no work-related skills that allow him or her to do so;Over age 60 - unable to perform any of the jobs performed in the last 15 years; orAt any age - has a psychological impairment that prevents even simple, unskilled work.

Consult an Attorney

If you suffer epilepsy that severely impairs your ability to work, you may be eligible for SSA benefits. Discuss your case with an attorney experienced with benefits law to determine your eligibility.