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IL disability lawyerEpilepsy is a disorder of the central nervous system that frequently leads to seizures and other unusual behaviors, such as loss of awareness. And while many people are able to lead a full, active life with epilepsy, there are cases where the symptoms may be so severe as to render an individual unable to work. In such circumstances, epilepsy may qualify as a disability for Social Security purposes.

Court of Appeals: Social Security Improperly Discounted Views of Disability Applicant's Primary Care Doctor

Of course, Social Security may attempt to minimize or disregard the impact of epilepsy on a disability applicant. Although Social Security administrative law judges (ALJs) are normally expected to give great weight to the medical conclusions of a disability applicant's treating physician, we often see cases where just the opposite occurs: The ALJ will discount the treating physician's views without offering sufficient reasons for doing so.

Such practices may be commonplace at Social Security, but they are in direct contravention of the law. For example, the U.S. Seventh Circuit Court of Appeals here in Chicago recently ordered Social Security to conduct a new disability hearing for a 27-year-old applicant (the plaintiff) who filed for benefits on the basis of his epilepsy. The plaintiff's primary care physician explained that despite medication, the plaintiff suffered from “chronic fatigue, memory loss and the need to lie down frequently.” It was the primary care physician's expert opinion that the plaintiff's epileptic seizures had caused “brain damage” and that even if the plaintiff could find work he would “need frequent breaks and miss work frequently because of his symptoms.”

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