Blog

Proving Disability for Intractable Epilepsy With Frequent, Unpredictable Seizures

Living with epilepsy can mean dealing with uncertainty, fear, and a constant disruption to daily life. For individuals with intractable epilepsy—where seizures continue despite medication—holding a job becomes nearly impossible. Fortunately, Social Security Disability Insurance (SSDI) is available for those whose epilepsy meets certain medical and functional criteria.

If your seizures are frequent, unpredictable, and resistant to treatment, here’s how to build a successful SSDI claim.

Understanding Intractable Epilepsy

Intractable (or refractory) epilepsy is defined as epilepsy that is not controlled by two or more appropriate anti-seizure medications. These ongoing seizures can vary in type and intensity but often result in:

  • Loss of consciousness
  • Confusion or disorientation
  • Risk of injury from falls or accidents
  • Inability to drive, operate machinery, or maintain concentration

Even with treatment, intractable epilepsy can significantly impair your ability to work and live independently.

How Social Security Evaluates Epilepsy

SSA includes epilepsy in its Blue Book under Listings 11.02A-D. To qualify, you must have a documented diagnosis and experience seizures that meet specific criteria, such as:

Generalized Tonic-Clonic Seizures (Listing 11.02A)

  • At least one seizure per month for three consecutive months
  • Despite compliance with prescribed treatment

Focal (Partial) Seizures (Listing 11.02B)

  • At least one seizure every two weeks for three consecutive months
  • Despite treatment adherence

Other Scenarios

If your seizures occur less frequently but cause significant postictal effects (confusion, exhaustion, or altered awareness that lasts 24+ hours), you may still qualify under 11.02C or 11.02D based on how the condition impacts your functioning.

Building a Strong Epilepsy Disability Claim

1. Show a Clear Medical Diagnosis

You must have an epilepsy diagnosis confirmed by a neurologist, including:

  • EEG and MRI test results
  • Clinical descriptions of seizure activity
  • Documentation of attempts to control seizures with medication

2. Prove Medication Compliance

SSA will expect to see that you:

  • Are taking medication as prescribed
  • Have not improved despite following your doctor’s recommendations
  • Are not missing doses or stopping treatment prematurely

Missed doses or gaps in care can weaken your claim.

3. Keep a Detailed Seizure Log

Your personal record of seizures can be powerful evidence. Include:

  • Date and time of each seizure
  • Type of seizure (e.g., tonic-clonic, focal)
  • Duration and symptoms
  • Recovery time and after-effects
  • Witness observations, if available

4. Document Functional Limitations

Seizures don’t just affect you when they happen. SSA wants to know how your condition affects your ability to:

  • Focus or follow instructions
  • Stay on task for a full workday
  • Interact with others safely
  • Travel independently
  • Maintain regular attendance

If you can’t drive, need help managing medication, or can’t complete tasks reliably, make sure these limitations are well documented.

What If SSA Denies Your Claim?

SSDI claims for epilepsy are frequently denied at first, especially if documentation is incomplete. If your application is denied:

  • File a timely appeal
  • Submit updated seizure logs and medical records
  • Consider hiring a disability attorney to guide you through the hearing process

Get Help with Your Claim for Intractable Epilepsy

Dealing with unpredictable, disabling seizures is hard enough. Proving that your condition qualifies for SSDI shouldn’t add to your burden. At PLBH, we understand how intractable epilepsy can disrupt every part of your life—and we’re here to help you fight for the benefits you deserve.

Call (800) 435-7542 today for expert help with your epilepsy disability claim. Let us stand by your side through every step of the process.