Marc Whitehead & Associates

Was Your Claim For Seizure Disability Benefits Denied?

People living with seizure disability face each day with remarkable courage. If you suffer from a seizure disorder, you may be entitled to benefits depending on how the condition affects you.

A seizure occurs when there is a sudden, disorganized surge of electrical activity in the brain. This causes involuntary reactions ranging from unconsciousness, falling down, violent jerking, and stiffened muscles, to milder reactions such as episodes of staring and blanking out for a few seconds.

The period after a seizure can as disabling as the seizure itself, causing extreme fatigue, muscle soreness, confusion, headache, or injury from convulsion.

The severity and type of symptoms caused by seizures depends on the part of a person’s brain undergoing the abnormal electrical charges. If your claim for seizure disability benefits was denied by the Social Security Administration (SSA), the Veterans disability program, or by an insurance company, we are here to help.

Types of Seizures:

There are different types of seizures, and different disability benefit programs have specific ways of determining an award of compensation. All types of seizures are caused by electrical disturbances in the brain. There are many instances of people experiencing a single seizure in their lifetime. When a person has recurring seizures, they may be diagnosed with a “seizure disorder.”

Seizure disorders are generally listed under the category of epilepsy; however, seizures can also be nonepileptic events that cause a break in the normal activity of the brain. Different causes of seizures can include:

• Epilepsy (the most common cause of seizure disability)
• Stroke
• Meningitis or other infection involving brain tissue
• Traumatic brain injury
• Low blood sugar
• Kidney or liver failure
• Low sodium in the blood
• Low levels of calcium
• Brain tumor
• Birth defects
• Heredity
• Environmental hazards

Seizure Disability Claims Under Social Security Disability

If your seizure disorder is severe enough that you can no longer work, you may qualify for Social Security Disability benefits. Proving total disability can be difficult. By working closely with our Board Certified Social Security Disability attorneys, your claim will contain the complete and relevant documentation the SSA requires, to ensure your seizure disability case will have the greatest chance of success.

The medical listing for seizures within Social Security’s Listing of Impairments is found under the following Neurological Listings:

§ 11.02 – Epilepsy – Convulsive epilepsy (grand mal or psychomotor)

§ 11.03 – Epilepsy – Nonconvulsive epilepsy (petit mal, psychomotor, or focal)

Seizure disorders that may accompany traumatic brain injury (TBI), cerebral trauma and benign brain tumor are evaluated under the above medical listings 11.02 (convulsive epilepsy) and 11.03 (nonconvulsive epilepsy).

The SSA medical listing for seizures is not the only way a person with a seizure disorder can win Social Security disability benefits. SSA’s disability evaluation considers the effects and limitations inflicted by seizure in adults, specifically whether the person is able to sustain full-time work. This means that even if your seizure disability does not meet or equal the medical listing, your condition can be severe enough to disable you from performing gainful, lasting employment.

Seizure disorders can also be considered as a disabling condition by SSA when combined with other disabilities such as diabetes or stroke.

Veterans Claims for Seizure Disability Benefits

Traumatic brain injury (TBI) and head injuries are conditions that thousands of veterans have endured. A common outcome of these injuries is a disabling seizure disorder. In addition, psychogenic (emotional or stress-related) nonepileptic seizures diagnosed in veterans can result in significant long-term disability. Toxic gases and nerve agents used during combat also are responsible for causing seizure disorders.

Unfortunately, most veterans have a tough time getting the compensation they deserve, or even the proper diagnosis of seizure disorder. The law firm of Marc Whitehead & Associates has significant experience in this area.

The VA Schedule for Rating Disabilities recognizes seizure disability claims under the section for Neurological Conditions and Convulsive Disorders. Seizure disorders are rated according to loss of function and the effect of the epilepsy disorder on your ability to work.

If you have been denied a claim for veteran benefits, or simply need to discuss your options about seizure disability ratings and compensation, please get in touch with our firm. As required to practice law before the VA, we are Accredited Veterans Claim attorneys who are able to advise and represent you at all levels of the Veterans Disability system.

Long Term Disability Claims for Seizure Disorder

Marc Whitehead & Associates has represented disability claimants who were disabled from working due to seizure disability and other neurological conditions. These claims are routinely denied by insurance providers who argue that these disorders are not disabling, or resort to many other reasons for denial.

In addition, if you receive your insurance through your employer, it is most likely governed by ERISA statutes. All ERISA claims share certain similarities:

• They are usually litigated in Federal Court - a court in which many lawyers have little or no experience;
   
• Prior to litigation, an administrative appeal must be executed. Few attorneys are familiar with the intricacies involved in this step where critical evidence of disability is submitted.

Often in order for a seizure disability claim to be taken seriously, the insurance company needs to know that you are represented by lawyers who are fully prepared to challenge any unfair denials in court.

Our firm deals with ERISA and private long term disability insurance denials every day. We have a deep understanding of insurance laws, and the companies that deny claims. As disability attorneys, we hold a successful record for taking on unscrupulous insurance companies in court. We are aware of every possible legal and technical maneuver the insurance provider will try in order to deny a valid claim.

Get Help – Contact Our Disability Attorneys

If you live with a seizure disorder that has disabled you from working, we can help you pursue the disability benefits you deserve.

Call our attorneys toll free at 800-562-9830 or contact us here to discuss your seizure disability claim.

Learn more about the disability claimants we help.