Disability Benefits for Neurological Disorders: A Guide

December 18, 2023

By Steve Fields
Principal Attorney

Neurological disorders, which are characterized by impairments to the brain, spinal cord, and other nerves throughout the body, can present significant challenges to those affected. The journey of living with such a disorder is often arduous, coupled with difficulties further exacerbated by the financial burdens that often accompany these conditions. 

The Social Security Administration (SSA) recognizes neurological disorders as disabling and offers benefits through the Social Security Disability Insurance (SSDI) program. This assistance aims to alleviate the monetary stress associated with these disorders. Eligibility requires meeting certain criteria. 

In this article, I’ll discuss qualifying conditions and offer some tips on how to maximize your chances of approval. Whether you are an individual living with a neurological disorder, a caregiver, or a loved one, this information can be invaluable in understanding the resources available and how to access them. 

Am I Eligible for Social Security Disability Benefits for Neurological Disorders? 

If you find yourself unable to work for a year or more due to an illness or injury, you might be eligible for Social Security disability benefits. These benefits are designed to compensate for lost income. Even while receiving these benefits, you may still engage in part-time work, and the benefits could potentially cover up to two-thirds of your missed income.

For individuals living with a neurological disorder, long-term disability benefits may be available if you meet the specified criteria. However, eligibility for these benefits is not solely based on your health condition. You must also have accumulated enough work credits to qualify for the program.

Work credits are awarded up to four times a year and are calculated based on your annual income. To be eligible for the long-term disability program benefits, you need to have earned a total of 40 work credits. Furthermore, at least 20 of these work credits must have been obtained within the ten years immediately preceding your claim. However, less credits are required if you are a younger individual and may not have earned the required credits yet.

Qualifying Neurological Conditions 

Neurological disorders are conditions that affect the nervous system and can significantly impact an individual’s ability to communicate, move, swallow, or learn. They may also negatively affect one’s mood, memory, and senses. Some neurological disorders are degenerative and ultimately fatal, meaning they worsen over time and can lead to death.

The SSA recognizes a range of neurological disorders that may qualify an individual for Social Security disability benefits. Here are some examples:

  • Epilepsy: The severity of the disability is determined by the frequency, duration, and type of epileptic seizures.
  • Strokes: These can cause damage to movements, speech, and motor control. 
  • Brain tumors: These can cause headaches, trouble speaking, loss of coordination, memory loss, and even personality changes.
  • Parkinson’s disease: This condition causes tremors and impaired muscle control.
  • Cerebral palsy: This congenital disability negatively impacts muscle tone, strength, and function. In its most severe forms, cerebral palsy can cause intellectual disability and emotional impairment.
  • Lesions of the spinal cord or nerve roots: These can cause damage to the nervous system, such as from a spinal cord injury or damage to the nerve roots, leading to mobility and dexterity issues.
  • Multiple sclerosis: This autoimmune disorder negatively affects a person’s sense of balance and coordination, muscle strength, vision, cognitive abilities, and memory.
  • Amyotrophic lateral sclerosis (ALS, Lou Gehrig’s disease): This progressive neuromuscular disorder gradually decreases motor abilities. Patients’ mobility deteriorates gradually until they lose control of their breathing and other involuntary muscle functions.
  • Myasthenia gravis: This autoimmune disorder causes sudden muscle fatigue and weakness, characterized by blurred vision, slurred speech, and an inability to chew or swallow food.
  • Muscular dystrophy: This group of inherited disorders is characterized by the gradual deterioration of the muscles responsible for movement.

It’s important to note that the eligibility for SSDI benefits is not solely based on the presence of these conditions. Other factors, such as the severity of the condition and its impact on your ability to work and carry out normal daily activities, are also considered.

What If My Condition Doesn’t Match a Listing?

Meeting the criteria of a neurological disorder listing is one way the SSA can determine disability. However, if your condition doesn’t match a specific listing, there’s another pathway to consider. This involves demonstrating that the severity of your impairments prevents you from working.

In such cases, the SSA will evaluate your “residual functional capacity” (RFC), which is an assessment of your remaining physical and mental abilities despite your impairments. This evaluation is carried out during the review of your application by the claims examiners. The aim is to identify the basic skills you still possess, even in the face of your health challenges.

If it’s determined that you’re unable to engage in any gainful activity considering your impairments, age, level of education, and skill set, you may still be deemed disabled and eligible for benefits. 

Medical Vocational Allowance for Neurological Disorders 

If you’re living with a neurological disorder that prevents you from working, but your condition doesn’t meet the criteria outlined in the SSA’s Blue Book, you may still be eligible for benefits under a Medical Vocational Allowance. To qualify, your doctor must submit an evaluation of your RFC.

The SSA will review your RFC evaluation, work experience, and skills to determine if there’s any suitable employment available for you. If the SSA determines that there’s no suitable employment for you, you may qualify for benefits.

How to Maximize Your Chances of SSD Approval

To safeguard your benefits and rights, consider the following guidelines:

  • Obtain a definitive diagnosis from your doctor.
  • Maintain records of all your medical documents and any lost income.
  • Attend all appointments diligently and fully participate in all prescribed treatments.
  • Keep a journal of important details, such as how your disability affects your personal and professional life and makes everyday tasks difficult.
  • File a claim as soon as your condition worsens, and you start missing significant time from work.
  • Stay in touch with the SSA, respond to all their requests, and provide any requested documents promptly.
  • Consult with a qualified lawyer who can help you submit a properly filled application and assist with appeals in case of a denial.

Documents Required to File a Claim

The SSA will need to see all your health records, both physical and mental, that relate to your neurological disorder and its associated symptoms. They will require proof such as objective medical evidence (results of imaging tests, examination findings, etc.), the treating physician’s opinion, and doctor’s notes. 

SSA disability claims are often rejected due to a lack of supporting medical evidence. To avoid a denial, it’s crucial to be well-prepared with evidence to back up your claim.

Conclusion

Living with a neurological disorder that prevents you from working can be challenging, but you’re not alone. The SSA offers benefits programs to provide support. Before you file a claim, ensure you have all the required documents to improve your chances of approval. Remember, every step you take brings you closer to the assistance you need.

Author

Steve Fields is the founder and managing attorney at Fields Law Firm. Since founding the firm in 2001 he quickly established a reputation with his Personal Injury clients for being a lawyer who truly cares.

Together with his experienced team of legal professionals, Steve ensures clients win their case, maximize their recovery while also looking out for their long-term interests, all backed with the firm’s Win-Win Guarantee®.

Fields Law currently handles cases for Personal Injury, Workers’ Compensation, Long Term Disability, Social Security Disability and Consumer Rights and has grown to be one of the largest injury and disability law firms in the nation.

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