Can You Get Disability For Epilepsy?
September 30, 2024
Individuals suffering from epilepsy face significant challenges in their employment, personal life, and daily activities. Epilepsy can affect both their mental and physical functioning, raising the question, “Can you get disability for epilepsy?” While they may qualify for Social Security disability benefits and other programs, several factors need to be considered, including the severity of the condition.
What is Epilepsy?
Epilepsy is a neurological disorder that impairs the person’s ability to perform major life activities. It is one of the most common neurological disorders in the world. The most common symptoms of epilepsy are recurrent and unprovoked seizures as a result of abnormal electrical activity in the brain. Other symptoms include sudden onset of confusion, aura, loss of consciousness, loss of muscle control, and involuntary movements of the body. It can be caused by a brain injury, genetics, or other causes. There are different types of seizures, such as generalized tonic-clonic seizures and dyscognitive seizures.
Does Epilepsy Qualify As A Disability?
To determine whether epilepsy is classified as a disability in California, you have to consider the federal and state legal definitions. The California Fair Employment and Housing Act (FEHA) defines a disability as a mental or physical injury or condition that limits a major life activity, such as caring for oneself or working. The definition of epilepsy in California is broader than in other parts of the country. This means that conditions like epilepsy may more easily qualify as a disability in California.
Under California laws, epilepsy that causes significant interference with the person’s ability to work and perform daily activities is likely considered a disability. Medications used for treating epilepsy can further reduce the ability of the person to perform work.
According to the Social Security criteria, a person who suffers from convulsive epilepsy may qualify if they experience epileptic seizures at least once a month. To qualify for the benefits, the seizures must be documented. Non-convulsive epilepsy can also qualify for Social Security Administration (SSA) benefits if the seizures occur at least once a week. Aligning with the frequency of the seizure, the SSA also considers other factors that interfere with the person’s ability to work.
Challenges Faced by Individuals with Epilepsy
Every 1 in 26 Americans suffers from epilepsy. While it may be common, it does not make it any less challenging. The biggest challenge with epilepsy is that it can severely impact the person’s ability to perform daily activities such as household tasks. The unpredictability of the seizures means they can happen anytime, including when the individual is driving or cooking. Managing epilepsy requires careful planning and lifestyle adjustments. It may also require the person to rely on medication for life. Unfortunately, frequent seizures can also result in a higher risk of anxiety, depression, or other mental health conditions.
The financial impact can extend well beyond lost income. The cost of treatment, including medication and doctor visits can quickly add up to a substantial amount. While disability benefits can offer some protection, the application process and eligibility requirements can be physically and emotionally draining.
The personal life of the victim can also suffer, including their social interactions. They may find it more challenging to maintain relationships and participate in social activities.
Another major challenge with epilepsy is employment. Not only can the condition impact existing employment, it can also impact the ability of the person to secure new employment opportunities. Certain jobs, such as those that require driving or operating heavy machinery, might not be suitable for individuals suffering from seizures.
Epilepsy is often a lifelong condition, requiring individuals to learn effective management strategies. They will have to keep up with medical treatment which may include anti-epileptic drugs to control the seizures. In addition, they may also need to follow a ketogenic diet.
Lifestyle changes might also be prescribed. This may include practicing stress management and limiting alcohol use. To help victims cope with the emotional distress, they might need to join support groups and have an emergency plan in place for seizure emergencies.
Legal Rights and Protections
Individuals with epilepsy are protected under several laws in California, including state and federal laws. The Americans with Disabilities Act (ADA) is a key legal protection for the rights of individuals with epilepsy. They are protected under the ADA if the epilepsy condition limits their ability to perform major life activities.
Under the ADA law, California employees may need to provide reasonable accommodation at the workplace for individuals who have epilepsy. These accommodations can include modifications to job responsibilities, flexible work hours, allowing breaks when needed, reassigning tasks, and providing a safe environment to manage potential seizures. The goal of these laws is to ensure that employees with epilepsy are not discriminated against or face undue hardship.
The ADA is complemented by the Fair Employment and Housing Act (FEHA), which offers an extra layer of protection. While FEHA has strong protection in employment, the coverage extends beyond employment to include housing, accessing public services, and more.
One of the key protections for individuals with epilepsy is disability benefits, such as the SSDI. If the severity and frequency of the seizures qualify it as a disability, then individuals with epilepsy can be eligible to receive monthly payments through disability programs. California also offers other programs and resources to help individuals with epilepsy. To learn more, you can discuss your case with our disability attorney at Pisegna & Zimmerman.
Applying for Disability Benefits
If you are looking to secure disability benefits for epilepsy, you would have to navigate federal and state processes. The primary program for epilepsy disability benefits is the SSDI, which is administered by the SSA. The first step is to determine eligibility, you can work with our attorney to determine if you qualify for disability benefits. The second step is other documentation that can help you prove the frequency and severity of your seizures. The most commonly used documentation in such cases includes medical records, prescribed treatment, work history, and previous disability benefits.
Once you have gathered all the required documents, you can submit your application for SSDI or other disability benefits programs. Generally, you can apply online, in person, or over the phone. Your application will be processed and reviewed. This step can take weeks or months, depending on the complexity of the case. If your application is approved, you can start receiving benefits. If the application is denied, you have the right to appeal against the decision.
How Pisegna & Zimmerman Can Help
Navigating the legal landscape of disability benefits is a complex process. Allow us at Pisegna & Zimmerman to assist you in the process. We understand how challenging it is to deal with epilepsy. The difficulty in mental and physical functioning can add to the stress of navigating the legal system. At Pisegna & Zimmerman, we offer expert guidance on eligibility and comprehensive application assistance. We also can help you gather medical evidence that supports your claim.
Our attorneys will take the time to fully understand your case and fight for your rights to secure disability benefits for epilepsy. Contact us today to schedule your free consultation with our disability rights advocate lawyer.