Social Security Appeal Lawyer Buffalo, NY
Over 2.3 million adult Americans, and nearly a half-million children, suffer from some form of epilepsy. Doctors diagnose another 150,000 new cases each year. If you live in New York and have been diagnosed with epilepsy and the condition has significantly impacted your life, you could qualify for Social Security disability benefits. Unfortunately, many people who apply for benefits are denied by the agency. If your claim for disability benefits has been denied, contact a social security appeal lawyer Buffalo, NY families trust from Hurwitz, Whitcher & Molloy LLP who can help you appeal the original decision.
Epilepsy
A birth injury, head injury, stroke, or tumor can all lead to epilepsy, however, about two-thirds of cases are classified as “cryptogenic” or “idiopathic” because there is no known cause. Although epilepsy can be controlled by medication and/or surgical intervention, the condition may never truly go away, resulting in a permanent disability.
SSDI Benefits for Epileptics
Generally speaking, any condition is disabling if it significantly interferes with a person’s everyday life. Specifically, in terms of epilepsy, a social security lawyer Buffalo, NY clients recommend knows that the hearing officer looks at the type of condition and whether or not the claimant is taking medication or other doctor-recommended steps to control the epilepsy. Most seizures fall into one of two categories:
- Grand Mal: These seizures result in convulsions and loss of consciousness. To be eligible for benefits, victims must have more than one seizure a month despite having undergone at least three months of treatment. The hearing officer will consider both daytime and nighttime episodes, as long as they significantly interfere with a person’s daily activities.
- Petit Mal: These victims do not lose consciousness after a seizure, but they do become extremely disoriented and suffer concussion or dementia-like symptoms. The episodes must occur at least once a week to qualify for disability.
To secure cash benefits, a claimant obviously needs a medical diagnosis. An attorney can also call witnesses who have seen the claimant have a seizure, and these stories can often paint a very compelling and personal picture of the person’s disability. If claimants have voluntarily surrendered their drivers’ licenses or have otherwise limited their activities, such information is certainly relevant.
Many times, a hearing officer is inclined to say that the claimants are either under-medicated or not taking their medication. But many anti-seizure drugs have serious side effects if the dosage level is too high, and some people have a metabolism that essentially eats up the medicine before it can become effective. Persuasive arguments like these can help you and your family get the cash benefits you need.
Let Our Firm Help
Epilepsy is just one of the neurological conditions that may be considered a legal disability and victims should qualify for Social Security disability benefits. If you have been denied benefits, contact Hurwitz, Whitcher & Molloy LLP to schedule a free and confidential consultation with a Buffalo NY social security appeal lawyer. Our firm can also assist clients in applying for benefits for the first time. Call our office today.