Disability for Seizures and Epilepsy. How often, what kind, and despite treatment.

How Social Security evaluates seizure disorders

Social Security’s epilepsy listing is based on seizure type and frequency. In general terms, it is met by convulsive seizures occurring about once a month, or seizures with loss of awareness occurring about once a week, for at least three months in a row despite following prescribed treatment. Less frequent seizures can meet the listing when combined with a marked limitation in physical or mental functioning.

When no listing is met

Most claims are decided on residual functional capacity: what you can still do in a work setting despite your symptoms. Social Security then asks whether any jobs fit those limits. For seizures, limits include no driving, no heights, no hazardous machinery, time lost during and after a seizure, and missed days.

Evidence that matters

• A seizure log with dates, type, duration, and recovery time.
• A detailed description of a typical seizure from a doctor or from someone who has witnessed one.
• Neurology records, EEG and imaging results.
• Medication history and blood levels showing you take it as prescribed.
• Emergency room visits and injuries from seizures.

Ask your doctor to complete the seizure form in our free doctor forms. It records your limits in the terms Social Security uses.

Why these claims are denied

• No count of seizures in the records.
• Missed medication, or blood levels suggesting it.
• No description of what the seizures look like.
• Long gaps between neurology visits.

Following treatment

The listing counts seizures that happen despite treatment. If you have missed doses because of cost, side effects, or memory problems caused by the seizures themselves, tell your doctor so the reason is in the record. An unexplained gap is read against you.

If you are 50 or older

Under Social Security’s grid rules, a person limited to sedentary work at 50, or light work at 55, may be found disabled depending on education and past work.

Next steps

If you have been denied, you have 60 days to appeal. See what to do after a denial in Arizona, SSDI in Arizona, and SSI in Arizona. There is no fee unless benefits are awarded.

J Disability Law Firm, PLLC · Joseph J. Duerst, Attorney · 18444 N. 25th Ave, Suite 420, Phoenix, AZ 85023 · (602) 607-0000. This page is general information, not legal advice. Reading it does not create an attorney-client relationship. Every case is different. Past results do not predict the outcome of your case.