It Can Be Extremely Difficult To Hold Down A Job With Chronic Pain If You’re Considering Filing For Migraine Disability Read This First
When I applied for disability insurance for my Chronic Migraine, I was prepared for a long battle. I was so sure that I would be denied that when a large deposit showed up in my account I thought it was a mistake. The relief became real only after I tracked down an approval letter explaining my benefits and back pay.
The entire process had taken less than 5 months and had required no appeals, no lawyers, and no additional paperwork.
Getting approved for disability for Migraine is tough. In the US, the Social Security Administration does not recognize Migraine as severe enough to automatically warrant benefits, and most claims are initially denied. .
Obviously, laws vary by country. I’m not a disability lawyer, so if you need to consult an attorney, please do so before taking my experience and assuming it applies to your case. I’m just a patient and a blogger who qualified in the US and wanted to share my experience with others facing the same struggle.
My experience shows, however, that the approval process does not have to be long and stressful. The following tips will help make sure that your disability application has the best possible chance of being approved on the first try.
It’s Quite Difficult To Get Social Security Disability Benefits For Chronic Migraines Considered By Some To Be A Neurological Disorder
Most headaches are not severe enough, or frequent enough, to prevent a person from working, but some migraines can be so debilitating that sufferers are not able to work. Migraines, a severe form of headache that causes nausea and sensitivity to light and sound, can last hours or even days, and happen daily or weekly to some people. Suffering from chronic migraine headaches can result in frequent absences from work, which can make it hard to hold down a job, and can sometimes result in a person’s complete inability to work on a regular basis.
If you are one of the people who suffer from frequent, long-lasting, severe migraines that keep you from working and that don’t respond to treatment, you may be able to collect Social Security disability benefits. If your situation is less severe, you may face an uphill battle getting benefits.
The International Headache Society Has Created A Table With Diagnostic Criteria That Can Be Used To Explain The Basis Of The Diagnosis
SSA will want to see in your medical records:
- The basis for your diagnosis,
- Any visits to the emergency room or hospitalizations,
- The results of objective testing, including MRIs or CT scan, to rule out other causes of your headaches,
- Migraines that occur at least twice a week,
- A headache diary,
- A history of your symptoms,
- A history of how your symptoms impacted your ability to function and for how long after each migraine,
- Your medication, dosage and response to the medication, and
- Your compliance with your doctor’s recommendations,
You should keep a headache diary on a calendar and give your physician a copy at every visit and ask that it be made part of your chart. That will help support your claim.
It is crucial that you see a neurologist who specializes in headaches and migraines and, if necessary, also be treated by a pain specialist. That will take care of any arguments you aren’t getting appropriate care.
Because there is no listing for chronic headaches or migraines, SSA will determine your entitlement to benefits based on medical and vocational criteria at Steps 4 and 5, unless you can show your headaches or migraines equal a listing. For example, it might be possible to show that imitations caused by headaches are as severe as the limitations in the epilepsy listings.
Contact Social Security Disability Attorney Nancy L Cavey Who Can Help You Regardless Of Where You Live In Florida
You owe it to yourself and your family to get help today! Ms. Cavey can explain the Five-Step Sequential Evaluation process used in every claim, the claims process and how to get your disability benefits for chronic headaches and migraines. Call today for a free consultation at 727-894-3188.
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While Applying For This Benefit Is Challenging For Those With Migraine The Process Is Getting Better
Getting Social Security Disability Insurance can be difficult for anyone who applies. But for people with migraine, it can be even more challenging. Dr. Robert Shapiro, migraine advocate and professor of neurological sciences at the University of Vermont, says the current process is stacked against those with migraine. “We’ve been working very hard to try to change all that with some measured success,” he says. “It’s not completely remedied by any means, but it’s much better today than it was a year ago.”
Despite the challenging process, Dr. Shapiro encourages patients to talk about migraine and advocate for themselves so they can receive the support they need. We asked him to walk us through the application process, potential roadblocks and tips to boost your chances of success.
Does Having Severe Migraines Make Me Eligible For Social Security Disability Benefits In Los Angeles
Severe migraines are one of the most debilitating ailments that a person will ever have to deal with. When dealing with migraines, it can be extremely difficult to live your life to the fullest capacity, including securing and maintaining meaningful work. Many people who suffer from severe migraines struggle to support themselves financially, leading these people to apply for social security disability benefits.
While you might not realize it, it’s entirely possible for you to receive disability benefits for your migraines, provided you meet the criteria. Here is some information about receiving disability benefits for severe migraines, and advice for hiring an attorney for help with your application.
Can I Get Social Security Disability Insurance Or Supplemental Security Income For Severe Migraines
Migraines are painful headaches which are more severe than a common headache, lasting for hours or days. Females are more likely to experience migraines, but it is estimated that over 28 million American may sometimes experience them.
Migraines may be triggered by a variety of factors: bright lights, odors, perfumes, allergic reactions, smoke, alcohol, irregular sleep patterns, fasting or missing meals, emotional stress, physical exertion, or certain types of foods.
Do I Qualify For Social Security Disability Benefits If I Have Chronic Headaches Or Migraines
The Social Security Administration doesn’t always make it easy for those with chronic headaches or migraines to get the Social Security Disability Insurance or Supplemental Security Income benefits they deserve. Many claims are denied because SSA says:
Your chronic headaches or migraines won’t keep you out of work for at least a year,
Your chronic headaches or migraines aren’t severe,
You can return to the lightest job you held in the 15 years before you became disabled, or
There is other work you can do in the mythical national economy based on your age, education, transferable skills and your residual functional capacity.
Not all cases of chronic headaches or migraines are severe enough to make you eligible for Social Security Disability benefits, but Nancy Cavey has successfully represented many SSA applicants with chronic headaches or migraines. She works to overcome the claims denial by working closely with you and your physician to document the frequency, severity, and inability to control your headaches or migraines. The side effects of medication can cause dizziness, drowsiness and make you feel like you have been run over by a truck.
Ms. Cavey offers a free initial consultation and welcomes the opportunity to speak with you about your Social Security disability claim.
What Are The Symptoms Of Chronic Headaches Or Migraines And How Does Ssa View These Claims
Headache and migraine claims often are denied on the basis of a “lack of objective findings.” There is no gold standard test for diagnosis, and many times CT scans or MRIs are normal.
The diagnosis is made based on your subjective complaints. A diagnosis of migraines is made by identifying a recurrent headache with:
* Sensitivity to light,
* Visual disturbances, such as tunnel vision or blind spots.
Other organic causes must be ruled out.
How Do I Get The Social Security Disability Benefits I Deserve For Headaches Or Migraines
Regular and severe migraine headaches can interfere not only with your daily activities but with your ability to work. If you no longer can work or your doctor has told you to apply for Social Security disability, you should hire Nancy Cavey to help you:
The SSA is in the business of denying claims and will use any reason to deny your benefits. The odds of getting your Social Security benefits are greater when you are represented by experienced Social Security Disability attorney Nancy Cavey.
The Factors The Ssa Will Consider To Determine If Youre Eligible For Disability Benefits
To qualify for benefits with migraine as the reason, â€?you need to prove that youâ€™re unable to maintain a full-time job and earn a gainful living due to .â€?
Unfortunately, this isnâ€™t a situation in which you can simply describe your symptoms andâ€”voilÃ¡!â€”approval is granted. There are several factors the SSA will look at, such as:
- migraine severity and frequency
- how long your attacks last
- number of sick days
- typical symptoms
Theyâ€™ll also examine how your migraines impact your daily functioning . For example, do you experience extreme light sensitivity during your migraines? Should you work outside during the daytime, your job becomes a whole lot harder during an attack.
Basically, what the SSA wants to see is that your migraines get in the way of maintaining a consistent work schedule and adequately fulfilling your job duties. Because if you canâ€™t do those two things, itâ€™s going to be hard to keep your job.
Aug How Someone With Chronic Migraine Can Qualify For Social Security Disability
If you experience chronic migraine that makes it difficult or impossible for you to work you can file a claim for Social Security disability benefits. You will need to provide medical documentation of your illness in order for your claim to be approved. This medical documentation will help support that you are unable to work for at least 12 months, which is a requirement for applying for disability.
Medically Qualifying For Disability Benefits With Migraine
A migraine attack can incapacitate someone for days. The light and sound sensitivity, as well as the physical toll that migraine disease takes on the body, can mean that the person needs days of recovery time. But in order to be approved for disability benefits due to migraine disease, there needs to be an underlying medical condition or a person needs to ask for a Medical Vocational Allowance.
All of the conditions that qualify for Social Security disability benefits are listed in the Social Security Administration’s Blue Book, and there is no official listing for migraine disease. However, migraine can be symptoms of other health problems that are listed in the Blue Book. If you experience migraine due to any of these conditions you can be approved for disability benefits based on Blue Book listing for these conditions:
- High Blood Pressure
Medical Vocation Allowance And Residual Functional Capacity
Applying For Social Security Disability Benefits
If You Are Denied
Which Disability Benefits For Migraines And Headache Disorders Do I Qualify For
Canadians who find themselves unable to work due to headache disorders can seek benefits from two different disability programs: CPP disability benefits, and long-term disability insurance benefits.
CPP Disability Benefits for Headaches
The Canada Pension Plan is a federal government program designed to replace earnings lost due to disability, death, or retirement. The plan is available in all provinces other than Quebec, where the Quebec Pension Plan offers a similar program. All workers over the age of 18 in Canada contribute to the Canada Pension Plan out of their earnings. To qualify for disability benefits, patients must meet three criteria:
- The disability must be “severe,” meaning that it prevents you from engaging in sustained paid work of any kind, and it must be “prolonged,” which means that it is a long-term disability that is either unlikely to be resolved or will result in death
- The patient must be under the age of 65
- The patient must have contributed to the fund for 4 of the last 6 years OR 3 of the last 6 years if you have contributed for 25 years or more
The eligibility requirements may seem simple, but in reality, the majority of disability claims filed with the CPP end up being rejected. Unfortunately, being disabled and providing truthful information about your condition is often not enough. However, those who are serious about obtaining disability benefits or who have recently had a claim denied do have options.
Sufferers Of Chronic Migraines Can Obtain Social Security Disability Benefits
Individuals suffering from chronic migraines may struggle with day-to-day tasks. For many, migraine headaches strike daily or several times a week. This can make it impossible to work and subsequently lead to financial instability.
The legal team of Tim and Sean Cuddigan represents clients who are seeking Social Security Disability Insurance for their chronic migraines. If you are diagnosed with primary headache disorder, you may be eligible for disability benefits.
The Medical Records The Ssa Will Want To See When Assessing Your Eligibility
Itâ€™s hard enough to get disability benefits as it is. Not having detailed medical records makes it even less likely itâ€™s going to happen. Not only will the SSA want to see an official diagnosis, but theyâ€™ll want to see the medical records and functional reports you complete with your doctor, too.
Medical records could include MRI and other imaging results, prescriptions, tests done to eliminate the possibility of other conditions, and more. The functional report is a comprehensive explanation of how migraines impact your activities of daily living .
And, again, this process isnâ€™t easy. Even if you have some medical documentation, it may not be enough. When Cove customer America M. applied for benefits, she tells us that she was denied because there wasnâ€™t enough proof, despite the fact that sheâ€™d been let go several times due to migraine.
â€œThe judge was very understanding of my situation,â€? she explains, â€œbut he said he was just going to need more doctor visits. Itâ€™s just hard to see a doctor as frequently, and I canâ€™t currently afford to go.â€?
If you donâ€™t have these records, or if you donâ€™t have many of them, we suggest speaking to your doctor as soon as possible so you can start building a stronger case.
How Your Residual Functional Capacity Is Used At A Social Security Hearing
Many claims are denied both at the Initial Application and Request For Reconsideration stages of the claims process.
At the hearing stage, the Administrative Law Judge will determine your RFC and give hypotheticals to the vocational evaluator who will testify at your hearing. The judge will ask the VE to take into consideration your RFC, as determined by the judge, your age, education and prior work experience in determining:
- Whether you can return to the lightest job you held in the last 15 years,
- Whether there is other work you can do or could learn to do.
It is crucial that you are represented at a hearing to make sure the right questions are asked of the VE.
The Social Security Administration Doesnt List Migraines As A Disability
The SSA has a comprehensive list of disabilities, including the criteria to qualify for each one. Itâ€™s formally titled Disability Evaluation Under Social Security but more commonly referred to as the Blue Book .
Migraine does not appear in the Blue Book. But before you stop reading and throw in the towel, know that this doesnâ€™t mean you canâ€™t get benefits. It just means you have to work harder to prove why you need them.
How To Get 50 Va Disability For Migraines And Start Your Claims Properly
How to get 50 VA disability for migraines? The United States Department of Veteran Affairs known as VA recognized migraine headaches as the service-connected disability. In this case, if you think that your military service is the main cause of your headaches, you must prove it. Here, you can file a claim. Of course, it is not as easy as you may think. You should be able to show the event, the incident, and the location during your service that caused migraines. Shortly, the migraines happened while you were in your duty. Or, the migraine happened due to any condition related to your service.
Generally, the VA rates migraines are about the frequency you experience them as well as the severity level. Meanwhile, headaches are not easy to access. It is something different from cancer or high blood pressure. It is not easy to diagnose headaches. So, if you ask us about how to get 50 VA disability for migraines, you should know first that VA provides four possible ratings to determine the seriousness of headache and the eligibility to get the compensation or benefits.
What If A Chronic Migraine Is Accompanied By A Psychological Disorder
People who do not respond to migraine treatments and cannot work because of their condition often develop anxiety and depression over financial instability. In some cases, the Social Security Administration may consider the combination of a mental disorder and chronic migraine as debilitating enough to approve a disability determination. However, applicants with documented evidence of recurring migraines will also need to include ample documentation regarding the severity of their depression from a psychiatrist or psychologist.
What Should You Do If Your Headaches Disability Application Is Denied
The chance of being approved for disability benefits by the Social Security Administration for chronic migraines is slim to none. Applicants can appeal a denial but the process is complicated, time-consuming and stressful. The best way to increase your chances of being approved by the SSA is to hire a disability lawyer who has experience handling difficult SSA claims. Contact the Law Office of Daniel Berger today to schedule a consultation appointment.
How To Get 50 Va Disability For Migraines Based On The Rating System
How to get 50 VA disabilities for migraines is from your disability claim. At first, the VA rating experts will examine your disability claim. During this process, he will try to find any evidence that your headache is very severe so that you are eligible for disability. In addition, a prostrating migraine is a term to describe you have an extreme weakness. You must lie down in some period of time. During the examination, VA rating experts will assign one of four ratings to your headache severity and frequency.
When Your Chronic Headaches Or Migraines Makes It Impossible To Work
You must prove that you:
- Can’t return to the lightest job you held in the 15 years before you became disabled , and
- There isn’t any other work you can do in the mythical national economy based on your age, education, transferable skills and your residual functional capacity .
SSA or, ultimately an Administrative Law Judge, will answer those questions by determining your residual functional capacity. Your RFC is what you can do despite your FMS.
How To Win Disability Benefits For Migraine And Headache Disorders
Unfortunately, headache disorders such as a migraine, cluster and tension-type headaches are often under-diagnosed and under-treated, which leads to patients going without necessary treatment and can lead to disability claims being denied.It is important to remember that CCP and insurance company administrators are looking for reasons to deny your claim. The most common reasons claims are denied are that the agency reviewing the claim decides there isn’t sufficient proof that a headache disorder is debilitating enough to warrant disability benefits, or that the patient has not explored every possible treatment option before submitting a disability claim.Shore up your claim by making sure you have covered all the points administrators will be looking at when evaluating your application for disability benefits:
Show That Your Headache Disorder is Disabling
Claims administrators will be looking for evidence that will help them decide whether your headache disorder is actually debilitating to the point that it prevents you from working.
- How frequent are your headaches?
- How severe are they?
- How many times have you visited the hospital due to your migraines, cluster headaches, or tension-type headaches?
Your medical records must demonstrate that the headaches occur often enough and with enough severity to prevent you from working.
Explore All Treatment Options
Contact Cuddigan Law If You Need Disability Benefits For Migraines
If you suffer from frequent, severe migraines, and you provide the necessary evidence to show that you have primary headache disorder that prevents you from working, you could be eligible for SS disability benefits. If your SSDI claim for migraines is denied, you may still qualify, and our Omaha disability benefits lawyers can help you file an appeal. Learn how we can assist you in our booklet, Why You Should Hire an Attorney to Handle Your Social Security Disability Claim. Contact Cuddigan Law to speak with an intake specialist for free today.
Can You Get Social Security Disability Payments For Your Migraines
The Job Accommodation Network estimates that 157 million workdays are lost in the U.S. annually due to migraines. However, the Social Security Administration does not list migraines as a disability. That doesn’t mean you won’t qualify for benefits, but it does mean you need to be ready to produce documentation supporting your claim, and be willing to appeal if denied.
It sounds like a lot of work, but if you are unable to maintain full-time employment due to migraines, obtaining additional funding through Social Security can ease the stress somewhat. Migraines can be an expensive problem. Freaking out about debt can make the pain worse. If you or a loved one can get financial security, some of that tension will go away.
Let’s look at the Social Security Administration guidelines for disability determinations for migraines, the types of disability available, how to speak to your employer about your migraines, and how to apply for disability.
How To File A Claim For Individual Unemployability From Migraines
Just in case you have so frequent migraine that you are unable to hold your job, it is possible to qualify Individual Unemployability . IU means the part of a VA disability program to give you 100% o compensation if you are a veteran. You can get this compensation if your disability based on service was not at 100%.
To be eligible in this program, here are the criteria you must complete:
How Social Security Reviews Disability Applications For Headaches
Social Security disability benefits are administered by the Social Security Administration .
When you apply for benefits, you must provide detailed information about your education, work experience and qualifications.
However, the most substantive part of the application has to do with your medical condition, records and treatment.