I have posted about this often in this forum.
Disability is defined by, and laws regarding it are made by, the federal
government. The states only administer the programs with the authority
of the federal government.
Disability is defined as a condition that prevents a person form working
at any gainful employment that he or she is trained or educated to
perform, and that is expected to last at least 12 months or result in death.
Key points to this:
-can't do ANY job because of condition that one can reasonably learn
based on education/experience.
-condition must last at least 12 months, not short term unless it will
result in death faster then that.
-Individual disabling conditions are defined in what are called
"listings". Your condition must meet the definition in a listing, or
you must have other proof substantial enough to show your inability to work.
-For epilepsy specifically, the listing states that the person must be
having one seizure a week.
-Most people with epilepsy who are on SSDI meet more then one listing,
or have other substantial evidence.
Using myself as an example. I not only have epilepsy, but Chiari,
another neurological condition. Chiari is not a listing, as of now. In
addition to this, I had a drop in my IQ of 14 after my right temporal
lobectomy, a drop of 15 is required to substantiate a claim based on
this evidence alone. I also suffer from environmental sensitivity in
regards to light, sound, and temperature. I have short term memory
problems due to the surgery for epilepsy, which makes it difficult to
learn new tasks. I also have daily pain due to ongoing chiari symptoms,
despite having surgery for it. I do not specifically meet any one
listing, but the combination of all of this is substantial evidence to
prove my inability to work at any gainful employment, and is supported
by multiple physician statements and my medical record.
A claim for disability is also a process. It took 3 years from the date
of my application, to the hearing at which point I was approved. This
is not unusual, and the time frame varies by state and how many
applications they get. Any time the economy is down, the number of
applications goes up. Nearly everyone is turned down on initial
application, and few of those who appeal that are approved. Most people
who get disability do so after stage 3, a hearing with a administrative law
judge, ALJ. Most people hire an attorney after the first step, and they
get a portion of what you are awarded as back benefits. The back
benefits are what you would have been paid if you had been approved at
the time of the application.
Lastly, I always add this whenever responding to this question. Only
apply for SSDI if you are not capable of doing any job at all. SSDI is
not awarded just because you can not work at the job you use to have, or
a job similar, it is only awarded if you can do no job. You also have
to have evidence of your claim. This includes medical records that show
your disabling conditions, including physician statements to that
regard. The reason it can take years for some people to be approved
when they clearly fit the definition of disability, is because so many
apply that clearly do not meet it.
I hope this helped.
On 8/24/2011 8:45 PM, DorisY wrote:
> It is worth it looking into the possibility of collecting disability if you are treated for epilepsy.
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