Is epilepsy a disability? For the 3.4 million people in the United States living with epilepsy, this question often comes from lived experience, managing unpredictable seizures, fatigue, memory issues, and the fear of when the next episode might strike. These challenges can make daily life difficult, and for many, holding a steady job can be even harder.
In this article, we’ll walk you through what epilepsy is, how the Social Security Administration evaluates it, and what steps you can take if you’re considering applying for Social Security disability benefits for epilepsy.
Don’t face Social Security alone.
Key Takeaways
- Epilepsy can qualify as a disability under SSA rules, depending on seizure severity, frequency, and work limitations.
- Meeting the SSA’s Blue Book criteria is critical. To qualify for SSDI, your seizures must meet the SSA’s Blue Book frequency requirements under Section 11.02 despite treatment.
- Strong medical documentation improves approval odds by showing seizure history, treatment response, and work-related limitations.
In this article about whether epilepsy is a disability:
What is epilepsy?
Epilepsy, also known as a seizure disorder, is a chronic condition that disrupts the brain’s electrical activity. Damaged brain cells can send abnormal signals, leading to sudden bursts of uncontrolled electrical activity, better known as seizures. Individuals with epilepsy have recurring, unprovoked seizures.
The most well-known signs of seizures are loss of consciousness and uncontrollable movements, or convulsions.
People with epilepsy can experience a wide range of additional symptoms, to varying degrees of severity, that could limit their ability to work. In addition to seizures, epileptics can suffer from other symptoms such as:
- Fatigue
- Aphasia (a language disorder caused by brain damage that affects your ability to speak and understand others)
- Auras, or a disturbance in your perception
- Confusion
- Loss of muscle tone, which can lead to falling
Types of seizures
There are several different types of seizures people with epilepsy can experience.
Seizure types are based on where they start in your brain, the level of awareness you may have during a seizure, and the presence or absence of muscle movement.
There are two major seizure groups: focal seizures and generalized seizures.
- Generalized (tonic-clonic) seizures refer to a type of seizure that has a combination of muscle stiffness (tonic) and repeated, rhythmic muscle jerking (clonic). These are the most commonly thought of types of seizures. You may lose consciousness, fall to the ground, and experience muscle stiffness and jerking for a few minutes.
- Focal (dyscognitive) seizures are seizures that don’t involve convulsions, but they do impair awareness or consciousness. During these seizures, you may also experience:
- Seeing flashing lights, feeling dizzy, or having a tingling sensation
- Changes in emotions
- Changes in your ability to hear, taste, and smell
- Blank stare
- Repetitive movements like eye blinking, lip-smacking, hand rubbing, or finger motions
Is epilepsy a disability?
The Social Security Administration (SSA) recognizes epilepsy as a serious medical condition that can qualify you for Social Security Disability Insurance (SSDI) benefits. Additionally, epilepsy is typically covered under the Americans with Disabilities Act (ADA). However, neither of these facts guarantees you will receive disability benefits for the condition.
Therefore, if you’ve been diagnosed with epilepsy, you may qualify for disability benefits. However, the SSA considers specific criteria when evaluating SSDI claims for epilepsy, which can make approval challenging for many applicants.
To be eligible for SSDI for epilepsy, your symptoms must make it impossible to continue working gainfully and interfere with your ability to support yourself.
Your condition must also meet other medical requirements listed in the SSA’s Blue Book. We explain these requirements in more detail below.
How to qualify for SSDI with epilepsy
Epilepsy is classified as a neurological disorder in the SSA’s list of qualifying impairments, also called the Blue Book, and is listed under Section 11.02.
To qualify for disability benefits, you must show your epilepsy is severe, long-lasting, and prevents you from doing any substantially gainful work. Additionally, you must meet one of the following criteria, despite treatment.
- Generalized tonic-clonic seizures that occur at least once a month for three consecutive months.
- Focal dyscognitive seizures at least once a week for three consecutive months.
- Generalized tonic-clonic seizures at least once every two months for four consecutive months, along with a marked limitation in one or more of these areas:
- Physical functioning
- Understanding, remembering, or applying information
- Interacting with others
- Concentrating, persisting, or maintaining pace
- Adapting or managing yourself
- Focal dyscognitive seizures at least once every two weeks for three consecutive months, along with a marked limitation in one or more of the same areas above.
The SSA defines a marked limitation as meaning you can function, but your ability is significantly limited or inconsistent.
Your chances of approval may improve if you have additional qualifying conditions related to epilepsy, like depression or anxiety.
Submitting a complete and detailed application with all the necessary records can help prevent delays, as the approval process can take several months or longer.
What evidence can help your claim?
To build a strong case to support your epilepsy disability application, you can start by reviewing the SSA’s specific criteria and directly linking your symptoms to the requirements listed in the Blue Book. Then you’ll want to gather extensive medical evidence showing your symptoms meet the SSA’s criteria.
Medical evidence can include:
- Medical history reports
- Clinical findings (such as the results of physical or mental status exams)
- Lab results or test results
- Imaging (such as CT scans, x-rays, and MRIs)
- Emergency room visit summaries
- Diagnosis
- Treatment prescribed based on response and prognosis
- A statement from a medical professional on what work activities they believe you are capable of doing despite your condition
- Any treatment information
- Info about your daily activities and capabilities
Submitting thorough medical evidence to support your diagnosis and keeping a personal log detailing how your symptoms impact your daily life and ability to work can also help support your claim. These details add valuable context and make your claim more compelling.
How long does it take to get a disability decision?
When considering how long a disability claim can take, it’s important to keep in mind that there is no one-size-fits-all answer.
The time it takes to get a disability decision depends on several factors, like whether the SSA needs more information to process your claim. On average, the wait for an initial SSDI decision is about 6.3 months, or roughly 193 days.
According to the SSA’s 2023 Annual Report, about 20% of applications were approved at this stage, meaning nearly three out of four claims were denied.
Don’t get discouraged if you’re denied. You can appeal, but be aware that the appeals process can add another six months or more to your wait.
How do I appeal a decision if I was denied?
If your SSDI application is denied, you have the right to appeal the decision. According to the SSA, approximately 80% of SSDI claims are rejected at the initial level, often due to insufficient medical evidence, limited work history, or other technical issues. Because the appeals process can take time, it’s important to act quickly – you only have 60 days to file your appeal.
While appealing a denial is always worthwhile, it doesn’t guarantee approval, as many applicants are denied even after multiple appeals. However, working with an experienced disability lawyer can help strengthen your case and improve your chances of success.
How Woods & Woods can help
Having a disability shouldn’t mean losing your peace of mind. At Woods & Woods, we help individuals with disabilities connect with legal help. If you’re seeking SSDI benefits, call us today for a free case evaluation.
Get the benefits you earned.
Frequently asked questions
Yes. The SSA recognizes epilepsy as a disability. If your seizures are severe enough that you can’t work, you may qualify for SSDI.
You must show the SSA that your seizures are severe, continue despite treatment, and prevent you from working. This requires detailed medical records and proof that your seizures match the criteria in the SSA’s Blue Book.
Lori Underwood
Lori Underwood received her law degree from Northern Kentucky University. She previously practiced Social Security disability and personal injury law and was a juvenile court attorney.
She has been an attorney at
Woods & Woods since 2014.
