GETTING DISABILITY BENEFITS FOR MIGRAINES

Getting disability payments for migraine headaches is possible if the headaches are frequent, severe and often interfere with the ability to work.  I might add that the headaches are not disabling if they can be treated to a point that you can work.

Here are my recommendations if you have chronic, severe migraine headaches and are considering a Social Security disability claim:

1)  See a doctor regularly and get treatment.  Your family doctor may suggest an examination by a neurologist.

2)  Follow medical advice, including trying various prescription medications to control the frequency, duration and severity of the headaches.

3)  Keep a written ledger or journal of how often you experience a severe headache.  Describe associated symptoms, such as nausea, vomiting, sensitivity to light (photophobia) and sensitivity to noise (phonophobia).  Date each entry and briefly describe the symptoms.

4)  Keep a record of each time you miss work due to a migraine headache.  Record the dates.  Do the same for days you have to report late or leave early because of headaches.  This shows a frequent interruption of your work due to migraines.

5)  See your doctor regularly, as recommended.  Social Security requires good medical documentation for migraines or other impairments that prevent you from working.

Generally speaking, migraines are disabling if they cannot be adequately controlled by medical treatment and they cause you to frequently miss work over a long period of time.  Other factors will play a part in getting a favorable disability decision.

Before making the decision to stop working, I highly recommend you talk to two persons:  your doctor and an attorney or advocate who handles Social Security disability cases.  Some things to keep in mind:

• There's no guarantee you will be approved for benefits.
• It can often take 2 years or longer to complete the SSDI process and get a decision.

 Social Security will not pay you while you wait on a decision on your claim.

If you are under age 50, you must demonstrate with medical evidence that you cannot perform any job which exists in significant numbers in the US economy--and this includes simple, unskilled jobs.  Whether you could find or get a job is not a consideration.

If you are over age 50, the case is a little easier to make; however, you will need to demonstrate medically that you cannot return to any job you have performed on a full-time basis within the past fifteen years.  This is called "past relevant work."

My firm will make an attempt to evaluate your case without cost or obligation.  However, we emphasize that no one can make a promise or guarantee as to the outcome of a claim.

  SOCIAL SECURITY JUSTICE: THE FORSYTHE FIRM 

Call (256) 799-0297