General

If you have been diagnosed with a seizure disorder are you entitled to Social Security Disability benefits?

As I mentioned last week, you must apply for Social Security Disability benefits before you will be paid.

If you have a seizure condition and are on medications that control the seizures, then you will most likely be found not disabled.

The reason is that Social Security looks at your limitations, not the condition by itself.

One problem some people have is that their seizures would be under control if they took their medication properly.

I realize that it is sometimes difficult to pay for the medications, and some of the medications have wicked side effects that make it hard to stay on, but some Administrative Law Judges will deny you for failure to take your medications per doctor’s orders.

If you are taking your medications and the seizures continue, then you may have a good chance of winning your disability case.

To increase your chances of winning you should keep a calendar documenting when your seizures occurred and how you felt afterwards.

You should also ask your neurologist to note in your records that despite your compliance and best efforts your seizures are not under control.

The theory for your disability case is that if seizures happen several times a week or a month then you will not be able to maintain the attendance and productivity needed to keep any job.

Questions about your disability case? Feel free to contact Illinois Social Security Disability Attorney Dirk May at 309-827-4371.

If you have been diagnosed with Cerebral Palsy does this mean you automatically qualify for Social Security Disability?

Not exactly.

Social Security Disability is less about the condition or disease you have, and more about the limitations you have as a result.

First, you must apply for Social Security Disability. No one calls you up and says you are disabled or automatically sends you a check without applying.

Second, if you are working and earn more than $1,040 a month gross (2013 figure) then you are not disabled no matter what your condition. As an example, I knew a blind lawyer who worked for many years. He was not considered disabled, however when he stopped working and applied for Social Security Disability he was automatically paid benefits.

If you have a mild case of Cerebral Palsy and are able to work a job, then you are not disabled.

If you have a more severe case of Cerebral Palsy and it causes you to have problems with walking or using your hands and arms, then you have a much better chance of being found disabled.

Problems with the hands and arms are especially important to Social Security.

The vast majority of jobs require you to use your hands and arms most of the day. Without this ability the job base erodes significantly.

Questions about Cerebral Palsy and Social Security Disability? Feel free to contact Illinois Social Security Disability Attorney Dirk May at 309-827-4371.