Being approved for Social Security Disability benefits with migraines can be difficult, though not impossible. The challenge to overcome for the approval of chronic migraine SSD claims has to do with the listing of impairments.
The Social Security Administration follows a multi-step evaluation process to determine whether to approve an application for disability benefits. The third step in the process uses a list of impairments that the SSA considers severe enough to cause a disability that prevents a person from working.
Migraines do not appear in the listings as an impairment, but that does not mean you cannot be approved for migraine disability benefits. A consultation and case evaluation with the disability professionals at the Clauson Law Firm shows you how to achieve Social Security migraine approval.
Migraines are more than just severe headaches. Migraines have phases:
· Prodrome
· Aura
· Headache
· Postdrome
Symptoms vary according to the phase and differ from person to person.
Prodrome may begin up to 24 hours before a headache. Symptoms during this first phase may include:
· Mood changes
· Impaired ability to concentrate
· Sleep disturbances
· Nausea
· Fatigue
· Increased thirst and hunger
· Frequent urination
Aura is the second phase and may last from a few minutes to as long as an hour. Symptoms include:
· Speech impairment
· Difficulty concentrating
· Tinnitus
· Muscle weakness
· Numbness
· Tingling
· Changes in vision
Aura may occur at the same time as a headache, or it may precede it. Symptoms during the aura phase of a migraine could include:
· Impaired ability to speak
· Tingling and numbness
· Changes in vision
· Muscle weakness
· Ringing in the ears
· Sensitivity to touch
The headache phase of a migraine could last from four hours to as long as three days and may be accompanied by nausea, vomiting, and sensitivity to light and sound. The experience of a migraine headache varies from person to person, with a throbbing, pounding, dull, or pulsing pain.
Although the exact cause of migraines has not been identified by research, common triggers include:
· Overexertion
· Sleep disorders
· Seizure disorders, such as epilepsy
· Anxiety
· depression
· Emotional stress
· Tobacco
· Caffeine
· Hormonal changes
· Exposure to odors, intense lighting, or loud noises.
Some studies have shown that genetics may determine whether a person may be prone to migraines.
Although a cure does not exist for migraines themselves, healthcare professionals focus on treating the symptoms with medication and trigger identification and avoidance.
The Social Security Administration relies on a disability definition to evaluate claims for SSD for headaches. According to the definition, an adult claimant is disabled if they are unable to engage in any substantial gainful activity due to a medically determinable physical or mental impairment expected to result in death, or that has lasted, or can be expected to last, for a continuous period of at least 12 months.
The medically determinable impairment, or a combination of impairments, must significantly restrict an individual’s ability to complete basic activities required for working. Medically acceptable evidence of a physical or mental impairment must be presented to prove that a person has a disability meeting the federal standard.
Medical opinions, a diagnosis, or the statement of the claimant would not be sufficient on their own to support a headache disability application without additional medical evidence that includes the following:
· Medical history
· Headache history and symptom history
· Notes and findings of physical examination
· Notes and findings of neurological examination
· Laboratory and diagnostic imaging test results to rule out causes other than migraine of the headaches, including tumors.
A patient can help their doctor diagnose the cause of chronic headaches by recording migraine episodes in a journal or diary. Including the date and time of a headache along with symptoms can be helpful to healthcare providers in diagnosing the condition, possible triggers, and how the condition responds to treatment. Including notes about how an episode affects a person’s ability to engage in activities makes the journal effective as evidence to support a disability benefits application.
The Social Security Disability Insurance and Supplemental Security Income programs pay disability benefits. The SSDI program requires a long-enough work history and payment of Social Security payroll taxes.
The SSI program is a means-based program designed to help people afford food, shelter, and other essentials. Instead of a work requirement, applicants cannot exceed income and resource limits.
When evaluating claims for migraine disability benefits, a reviewer at a local Social Security Administration field office must determine whether the person meets the non-medical requirements. Applications that meet the work history criteria for SSDI or the resource and income limits for SSI are sent to a Disability Determination Services office. DDS is a state agency that reviews the applications to determine whether they meet the disability criteria for approval.
The Social Security Administration maintains a listing of impairments, commonly referred to as the “Blue Book.” Listed medical conditions are considered severe enough to meet the disability definition duration criteria of lasting for at least one year or being expected to result in death. They also limit the ability of a person to do substantial gainful activity.
Each listing includes medical criteria that an applicant’s medical documentation must prove to meet the listed impairment. Migraine does not appear as a listed medical condition, but it remains possible for chronic migraine SSD claims to be approved for benefits based on the condition limiting a person’s ability to engage in work activities.
According to a Social Security Policy Interpretation Ruling for primary headache disorders, the epilepsy listing may be used to determine whether applicants with migraine headaches can be approved for disability benefits. Medical evidence would have to show that a claimant’s migraines medically equal the criteria of listing 11.02, Epilepsy.
To equal the epilepsy listing requires documentation of migraines once weekly for at least three consecutive months. The migraines must be accompanied by signs and limitations equivalent to those contained in the epilepsy listing to be approved for benefits.
It is possible to be approved for migraine disability benefits without meeting or equaling a listed impairment. The disability evaluation process also assesses a person’s residual functional capacity (RFC).
RFC assesses the limitations caused by an individual’s medical condition on their ability to perform work activities. For instance, a person with impaired light sensitivity, fatigue, or difficulty concentrating may be unable to perform the activities required for their job.
The evaluation process first considers a person’s RFC and their ability to perform the work they did in the past. If they cannot, their RFC, work experience, vocational skills, education, and age are assessed to determine whether they can adjust to do other types of work available in the national economy.
Approval of a claim for SSD for headaches may not be easy, but Clauson Law disability attorneys give applicants nationwide the best chance of success. Our team of outstanding disability representatives gives your chronic migraine SSD claim the attention that it needs and that you deserve. Contact Clauson Law for a free case evaluation.
Source: SSA Policy Interpretation Ruling
