Neurological Disorders and Disability Benefits

Hundreds of millions of people worldwide suffer from neurological disorders, including epilepsy, Parkinson's disease, Alzheimer's disease, multiple sclerosis, amyotrophic lateral sclerosis (ALS), cerebral palsy, strokes, migraines, and many other conditions that affect the central and peripheral nervous system. The symptoms and severity of neurological impairments can widely vary depending on the specific condition and can include:

• muscle weakness
• tremors & involuntary movements
• paralysis
• seizures
• sensory disturbances
• mental impairments
• speech difficulties, and
• breathing problems.

Qualifying for Disability Benefits With a Neurological Disorder

If you've been diagnosed with a neurological disorder, and your condition prevents you from working, you may be eligible for Social Security disability benefits. To be approved for disability benefits, the Social Security Administration (SSA) will need to determine that you're incapable of doing any type of work on a regular basis.

One way that Social Security determines is by using a list of serious conditions referred to as the "listing of impairments." For the conditions on this list, the SSA provides specific criteria, which, if met, qualify the applicant as disabled. Listing section 11.00 is reserved for neurological impairments.

The following conditions are included under listing 11.00:

• epilepsy (11.02)
• stroke (11.04)
• benign brain tumors (11.05)
• Parkinson's disease (11.06)
• cerebral palsy (11.07)
• spinal cord disorders (11.08)
• multiple sclerosis (11.09)
• amyotrophic lateral sclerosis (ALS) (11.10)
• post-polio syndrome (11.11)
• myasthenia gravis (11.12)
• muscular dystrophy (11.13)
• peripheral neuropathy (11.14)
• neurodegenerative disorders (such as Huntington's Chorea, Friedreich's ataxia, and spino-cerebellar degeneration) (11.17)
• traumatic brain injury (11.18), and
• motor neuron disorders other than ALS (11.22).

Just having a diagnosis that appears on this list doesn't mean that you automatically qualify for Social Security disability benefits. Each condition has its own set of criteria that must be met in order for you to be granted benefits under that listing. Although the exact standards vary depending on the nature and symptoms of the specific condition, in general, your disability must be severe enough to prevent you from performing basic work-related activities on a regular basis.

Qualifying for Benefits Based on Reduced Capacity

If you suffer from a neurological condition that's not included on the listing of impairments, such as migraine headaches or fibromyalgia (now considered to be a neurological disorder), or your condition is listed but you don't meet the criteria to qualify under the listing, you may still be able to receive disability benefits.

The SSA is generally more concerned with your abilities, versus your specific diagnosis. To determine what your abilities are, the SSA will assess your "residual functional capacity" (RFC). The more severe your symptoms are, the greater the restrictions in your RFC will be.

Your physical RFC decides the heaviest type of work that the SSA feels you're capable of performing, and your RFC level could range from sedentary to heavy. Somebody with a neurological disorder that affects motor skills, like Parkinson's disease, might not be able to do jobs that require standing or walking for more than two hours a day (this would mean a limitation to "light" work).

Your mental RFC indicates the level of impairment you have in several different areas—for example, how long you can pay attention and whether you can work in a fast-paced environment and follow two-step instructions. Somebody with a neurological disorder that affects cognitive skills, such as Huntington's disease, might be restricted from skilled jobs that require extensive concentration, decision-making, or planning.

The SSA will then use this information to decide whether there is any work you can do. In deciding, the agency will also consider your age, education level, and the type(s) of work you've done previously. If your combined limitations rule out all jobs, the SSA will award you disability benefits.

For applicants with physical impairments, those who are older (in particular older than age 50), have less education, and have performed only unskilled work are more likely to get approved for disability based on their RFC due to the medical-vocational grid rules.

Medical Evidence Required When Proving Disability Due to a Neurological Condition

Whether you think your neurological condition will meet a listing or you think the restrictions in your RFC keep you from doing any work, you'll need to have extensive medical records to back up your claim. Your medical file should include:

• a complete medical history
• neurological examination findings
• results of electrophysiological, neuroimaging, and other tests
• a list of previous and current medications and treatments, and
• your doctor's opinion on what you can and can't do.

You can also ask a family member or former employer to write a letter on your behalf. Having a letter from a third party who has witnessed your limitations can help strengthen your disability case. "Third parties" include doctors, friends, relatives, and former employers. For instance, your former boss might write that you were let go because you couldn't stay on your feet or you weren't able to follow instructions and keep focus. If you couldn't handle the job duties at your prior job, the SSA is more likely to find that you couldn't do the same at another job.

What Disability Benefits Can I Claim for a Neurological Condition?

Social Security provides two types of disability benefits: Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI). While many people use the terms SSDI and SSI interchangeably, they are different benefits with different financial eligibility rules.

SSDI eligibility is determined by how much you've worked and contributed to the program in payroll taxes (or self-employment taxes). You become "insured" for SSDI by earning work credits based on your earnings history.

SSI, on the other hand, is needs-based and is not tied to your employment history. You're eligible for SSI if your income and assets are below a certain low threshold.

When you file for disability, Social Security will determine whether you qualify for SSDI, SSI, or both.

Other government assistance might be available to you as well. For instance, if you qualify for SSDI, you'll eventually be able to get Medicare, even if you're not yet 65. If you qualify for SSI disability benefits, you'll likely be immediately eligible for Medicaid.

How Do I Apply for Disability Benefits for a Neurological Condition?

You can apply for Social Security disability or SSI either at your local SSA office, by calling the SSA at 800-772-1213, or online at www.ssa.gov. (Apply for SSDI benefits online here or start your SSI application online here.)

Once your application is complete, it will be sent to a claims examiner, who will obtain copies of your medical records from your doctors and other healthcare providers. The examiner might also send you reports to complete, ask you to go to a medical exam (at the SSA's cost), or even interview your family members.

Once your file is complete, the claims examiner will make a decision on your eligibility for disability benefits with the help of a medical expert (a doctor or psychologist). Some Social Security applicants receive a decision four to five months after applying, but sometimes, it takes much longer. If your application is denied, you can appeal the decision. Most disability claims are won on appeal, especially for conditions that grow worse by the time a hearing is held.