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Neurological Disorders

How Do I Get Social Security Disability Benefits for Neurological Disorders?Neurological Disorders and Disability

Neurological disorders affect the brain, spinal cord, and nerves. There are a large number of diseases and things that can affect various parts of the nervous system. These include vitamin deficiencies, infections, strokes, drugs, genetic disorders and trauma.

If you have been diagnosed with a Neurological disorder, are unable to work and have been denied Social Security Disability benefits, call the experienced Buena Park Social Security Disability attorneys at Howard Law and let us fight to get you the benefits you deserve.

Epilepsy (Convulsive Epilepsy)

Epilepsy is an abnormal event that results from a sudden change in the electrical function of cells in the brain.

To qualify for Social Security Disability benefits due to Convulsive Epilepsy, you must have been diagnosed with Convulsive Epilepsy (grand mal or psychomotor), with a documented detailed description of a typical seizure pattern, including all associated phenomena; occurring more frequently than once a month, in spite of at least 3 months of prescribed treatment. You must also have either:

  1. Daytime episodes (loss of consciousness and convulsive seizures);

    Or

  2. Nocturnal episodes manifesting residuals which interfere significantly with activity during the day.

Epilepsy (Nonconvulsive Epilepsy)

This disability refers to seizures that are not individually as severe as the convulsive seizures described in the listing above.

To qualify for Social Security Disability benefits due to Nonconvulsive Epilepsy, you must have nonconvulsive epilepsy (petit mal, psychomotor, or focal), documented by detailed description of a typical seizure pattern including all associated phenomena, occurring more frequently than once weekly in spite of at least 3 months of prescribed treatment. You must also have an alteration of awareness or loss of consciousness and transient postictal manifestations of unconventional behavior or significant interference with activity during the day.

Cerebral Palsy

Cerebral palsy is caused by injuries or abnormalities of the brain. Damage to the developing brain can occur in the womb but can also happen at any time during the first 2 years of life. Many things can cause brain damage including infections, toxins, birth trauma, genetic defects and asphyxia.

To qualify for Social Security Disability due to Cerebral Palsy, you must have one of the following;

  1. IQ of 70 or less;
  2. Or

  3. Abnormal behavior patterns, such as destructiveness or emotional instability;
  4. Or

  5. Significant interference in communication due to speech, hearing, or visual defect;
  6. Or

  7. Disorganization of motor function as described in listing.

Multiple Sclerosis

Multiple Sclerosis is a nervous system disease that affects the brain and spinal cord. Its cause is unknown. It is an unpredictable disease characterized by periods of setbacks and improvement. The Social Security Administration will take into account the frequency of flare ups, the length of remissions, and the severity of any permanent residual impairment.

To qualify for Social Security Disability benefits with Multiple Sclerosis. You must have Multiple Sclerosis one of the following:

  1. Disorganization of motor function;
  2. Or

  3. Visual or mental impairment;
  4. Or

  5. Significant, reproducible fatigue of motor function with substantial muscle weakness on repetitive activity, demonstrated on physical examination, resulting from neurological dysfunction in areas of the central nervous system known to be pathologically involved by the multiple sclerosis process.

Parkinsonian Sydrome

Parkinsonian syndrome is a disorder caused by a chemical abnormality in areas of the brain called the basal ganglia. Parkinsonism is characterized by rigidity, bradykinesia, and resting tremors in the hands.

To qualify for Social Security Disability due to Parkinsonian Syndrome, you must have Parkinsonian Syndrome with the following signs: Significant rigidity, bradykinesia, or tremor in two extremities, which, singly or in combination, result in sustained disturbance of gross and dexterous movements, or gait and station.

To learn more about Neurological Disorders and the Social Security Administration guidelines, visit the Social Security Administration website.

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Listing vs. Residual Functional Capacity (RFC): How Does the Social Security Administration Determine Whether I Qualify for Disability Benefits for a Neurological Disorder?

Social Security disability benefits may be available for people who suffer from a Neurological Disorder. The Social Security Administration must first determine whether your Neurological Disorder is severe enough to meet or equal a listing at Step 3 of the Sequential Evaluation Process. The Social Security Administration will conclude that you are disabled and eligible for disability benefits if it determines that you meet or equal a listing because of your Neurological Disorder.

If the Social Security Administration decides that your Neurological Disorder is not severe enough to equal or meet a listing, it must assess the work that you are still capable of doing, in spite of your illness or disease. The work that you are able to do in spite of your illness or disease is called residual functional capacity (RFC). You may qualify for benefits at Step 4 and Step 5 of the Sequential Evaluation Process if you are able to do in spite of your illness or disease.

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How Can I Meet a Listing and Win Social Security Disability Benefits for a Neurological Disorder?

The Social Security Administration will determine whether you are disabled at Step 3 of the Sequential Evaluation Process by evaluating whether your Neurological Disorder is severe enough to equal a listing.

The term "listing" refers to a compiled list of common impairments. The Social Security Administration created a set of guidelines called the Listing of Impairments that contains the most common impairments. For each listing of a particular impairment, there is an explanation regarding the degree of severity that the Social Security Administration presumes would prevent a person from performing substantial work.

The Social Security Administration will consider you disabled if your Neurological Disorder is severe enough to meet or equal a listing.

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What is Your Residual Functional Capacity Assessment for your Neurological Disorder?

If the Social Security Administration decides that your Neurological Disorder is not severe enough to equal or meet a listing, it must assess the work that you are still capable of doing, in spite of your illness or disease. The work that you are able to do in spite of your illness or disease is called residual functional capacity (RFC). You may qualify for benefits at Step 4 and Step 5 of the Sequential Evaluation Process if you are able to do in spite of your illness or disease.

The Social Security Administration expressesan RFC for physical impairments in terms of whether the Social Security Administration believes you are able to do heavy, medium, light, or sedentary work in spite of your impairments. The lower your RFC, the less the Social Security Administration believes you can do.

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Can Your Doctor's Medical Opinion Help You Qualify for Social Security Disability Benefits for a Neurological Disorder?

The role of the Social Security Administration is to conclusivelyestablish whether you are disabled based on your education, work experience, medical evidence, and your age.

The role of your doctor is to provide the Social Security Administration with informationconcerning the degree of your medical impairment by providing the Social Security Administration medical source statement that describes your capacity for work which is part of your residual functional capacity assessment. Your residual functional capacity is what you can still do despite your limitations.

The Social Security Administration must consider your treating physician's opinion because the Social Security Administration considers it to be controlling when making its decision.

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What is the 5 Step Sequential Evaluation Process?

The Social Security Administration has created a five (5) step sequential process to determine whether an adult claimant is entitled to receive disability benefits. Children have a different test to determine eligibility.

Step 1: Substantial Gainful Activity

The Social Security Administration presumes that if you are working and that you make a certain amount of money that you are engaging in what it determines to be a substantial gainful activity (SGA). The Social Security Administration considers a person to be engaged in a SGA if that person is earning more than a certain amount of money each month (i.e. net of impairment - related work related expenses).

In 2013, the Social Security Administration has determined that a statutorily blind individual is engaged in a SGA if they earn more than $1740.00 per month while a non-blind individual must earn more than $1040.00 per month. Changes in the national average wage index usually affect the aforementioned SGA amounts.

Step 2: Severe Impairment

The Social Security Administration has determined that each claimant must either have a severe impairment or a combination of impairments. The impairment or combination of impairments must drastically limit the claimant's physical or mental ability to do basic work activities without regard to age, work history, or education. For many claimants, the level of proof at this level is minimal; therefore, they usually satisfy the Step 2 requirements and proceed to Step 3.

Step 3: Listing of Impairments

The Listing of Impairments details specific impairments that the Social Security Administration considers severe enough to prevent an adult claimant from engaging in a substantial gainful activity and in the case of a minor, the impairment has to be severe enough to cause functional limitations. There is also a durational requirement. The Social Security Administration has determined that the impairment must last for 12 months or long or result in the death of the claimant. If the claimant fails Step 3 because they do not meet or equal a listing then the case will proceed to Step 4.

Step 4: Past Relevant Work

At Step 4, if your condition is severe enough to meet the requirements of Step 2 (Severe Impairment); however, your severe impairment does not meet or equal a listed impairment that is the subject of Step 3 (Listing of Impairments), then the Social Security Administration must decide whether your severe impairment interferes with your ability to do any of the work you previously performed. The Social Security Administration likes to look at the work you performed over the past 15 years prior to the onset of your disability. If the Social Security Administration determines that your impairment does not interfere with work you previously did then you must proceed to Step 5.

Step 5: Ability to Perform Other Work

A majority of disability claims are decided at this level. If you cannot perform work you did in your past, then a determination must be made as to whether you can adjust to different types of work. The determination at this level takes into consideration your education, age, and prior work and is better known as your residual functional capacity.

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