Social Security Tips for certain disability cases, Part II: Epilepsy
Epilepsy is a severe medical condition that can have powerful effects on your day-to-day functions. Most people have epileptic events called seizures. These seizures are usually Petit Mal Seizures or Grand Mal Seizures.
Petit Mal Seizures may be manifested by ’staring episodes’. The individual may find themselves experiencing periods of time where they are cognizant of their surrounds and may literally be non responsive (even though they are awake). In most cases, persons with Petit Mal Seizures lose track of time during the seizures.
Grand Mal Seizures are the convulsive attacks that result in the individual experiencing rapid body movement, eye rolling, and other involuntary body functions for a period of time. The person may urinate or defecate on themselves during these attacks. These events are so traumatic that some people need lengthy periods of time to regain their composure.
Most people think that epilepsy is so traumatic that an individual should be approved fairly easily. Due to its unpredictability, the symptoms can affect you in a variety of different ways. Despite the severity of this condition, it is difficult to demonstrate that the condition can prevent from performing work on a full time basis.
In order to appreciate the difficulties of these cases, here’s a few things to keep in mind:
1) How often do you have them? A seizure calendar is a great tool. Take a blank calendar and everytime you have a seizure, mark it down. Distinguish between Petit Mal or Grand Mal. Since most people don’t remember when they have one, it is important that you have a loved one help you keep track.
2) Take your meds. Some people have the opinion that once they go a period of time without a seizure that they must be fine. It most instances, this just means that the medication levels are at a point where it can balance your seizure. Unfortunately, some people get a false sense of security and think this means they are cured. WRONG! Unless your doctor tells you to stop, keep taking your medicines.
3) What happens after the attack? Here’s where loved ones can help. Some people take a few minutes to recompose themselves. Some people need to take a nap. Some people need to lay down. In most instances, the person having the seizure doesn’t remember, but you should have a friend or family member let you know what is going on after you come out of your attack (as well as tell you how LONG the attack was).
4) What are your restrictions? Are you allowed to be around the stove? Can you stay with the kids by yourself? Has your driving license been taken away? All of these things are necessary to help you with your claim.
5) Sugar Coating it or Sour Coating it will NOT help your case. Listen, don’t front. Epilepsy cases are hard to win. So don’t act like you’re not having many seizures when you actually ARE and don’t act like you’re having a bunch when you’re not.
Recognize the importance and the difficulty of your case if you are alleging Epilepsy. These little things may make a HUGE difference.
TOMORROW’s CASE: ASTHMA
Social Security Tips for certain disability cases, Part I: Diabetes
Over the next few days, I’m going to address a few types of cases that I’ve commonly represented and some of the pitfalls that I’ve noticed claimants having.
One of the first cases that I’ve had an interesting time with people affected with Diabetes. Typically, people who are alleging diabetes either have Insulin-Dependent or Non Insulin-Dependent.
Some people have a hard time appreciating the fact that just saying that you have ‘Diabetes’ is not going to get you a guaranteed social security check. However, Diabetes cases are not necessarily that simple:
1) Diet. You are what you eat! It’s amazing the number of times I’ve sat in a hearing and the judge will ask “Does your doctor have you on a diet? Are you following that diet?”. These situations can be really tough because on the one hand, if your doctor puts you on a strict diet and you just can’t resist eating the bad foods, you aren’t helping your case AT ALL! However, sometimes the diets that doctors put you on may be expensive to the household. Think about it. If you have a family of 4 on food stamps, the choice between buying something bad that can last 4 or 5 days versus something good for YOU that last one day can sometimes be a rough chose.
2) Exercise. In some instances, if you’re overweight, your doctor may advise you to exercise. Now, don’t get me wrong. If you have another physical impairment that prevents you from exercising, losing weight through exercise may not be possible. However, if your doctor is advising you to walk or stretch and you’re not doing any of those things, it doesn’t help your case.
3) Medication. Social Security can be rough on those people who believe that they should take their medicine ONLY when they think they should take their medicine. I can’t tell you the amount of times people will selectively choose not to take their medications. The unfortunate thing is the people who can’t afford to purchase their medicine so this puts them in a very tough position.
4) Compliance and the medical doctor. The phrase is called “Non-Compliance” and it is a killer for diabetes cases. When you go to your doctor and he’s advised that you lose weight or change your diet or stay on your meds and your Blood Sugar is still high or “uncontrolled”, typically the doctor is going to make one of two choices. One, despite you following his treatment regime, your diabetes is still problematic. Two, you may not be doing what he wants you to do specifically, therefore you are NOT COMPLYING with his instruction. In other words, you are “NON Compliant!”. It’s hard to explain “non compliance” if you are not doing what you’re supposed to be doing.
Diabetes cases are notoriously tough. Even if you have the tingling in your extremities (neuropathy), fatigue, or blurring / scratchy vision (retinopathy), if the medical records reveal that you are not doing what you are supposed to be doing, you may be in serious trouble of proving your case.
My philosophy has always been, “Do what your doctors tell you EXACTLY and you shouldn’t go wrong.”
TOMORROW’s CASE: EPILEPSY
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