How to Get Disability Benefits for Epilepsy by Meeting a Listing
To determine whether you are disabled at Step 3 of the Sequential Evaluation Process, the Social Security Administration will consider whether your epilepsy is severe enough to meet or equal the epilepsy listing. The Social Security Administration has developed rules called Listing of Impairments for most common impairments. The listing for a particular impairment describes a degree of severity that Social Security Administration presumes would prevent a person from performing substantial work. If your epilepsy is severe enough to meet or equal the listing, you will be considered disabled.
The listing for epilepsy is listing 11.02, which has two parts, A and B. To meet the listing you must satisfy either part A or B. To satisfy either of the two parts of the epilepsy listing, you must have convulsive epilepsy along with a documented detailed description of a typical seizure pattern, including all associated phenomena, and the episodes must occur more frequently than once a month, in spite of at least 3 months of prescribed treatment. Without treatment response from at least 3 months of therapy, it is impossible to determine whether control of the epilepsy is likely. In fact, seizure control could easily take longer and the SSA can postpone final adjudication if it is thought that more time is needed to make a reasonable determination.
Meeting Social Security Administration Listing 11.02A for Epilepsy
You will meet listing 11.02A if you have episodes of loss of consciousness associated with convulsive seizures. The great majority of convulsive seizures are evaluated under part A since most occur during the daytime.
Meeting Social Security Administration Listing 11.02B for Epilepsy
You will meet listing 11.02B if you have nocturnal episodes (those occurring during sleep) with residual effects that significantly interfere with daily activities. The most likely residual effects interfering with daily activities are those related to the disruption of the restorative qualities of sleep, such as tiredness, sleepiness, malaise, irritability, as well as impaired judgment, eye-hand coordination, and overall cognitive capacity.
If the claimant is having both nocturnal and daytime seizures which have a combined frequency satisfying the listing, then a finding of equivalent severity should be made.
Continue to Residual Functional Capacity Assessment for Epilepsy.
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