SSDRC authored by Tim Moore
Filing a Social Security Disability Application - How to File & the Information that is Needed by SSA
Do you need a Lawyer at the Administrative Law Judge Disability Hearing?
Social Security Disability Back pay and How Long it Takes to Qualify for it
How do you prove your disability case if you have a mental condition?
What Can I Do to Improve My Chances of Winning Disability Benefits
Common Mistakes after Receiving a Denial of benefits
If You Get Approved For SSDI Will You Also Get Medicare?
How much is paid for the Social Security Disability Attorney Fee?
How long does it take to be approved for SSI or Social Security disability?
How To Get Disability Through SSDI or SSI Approved
Should you get Help from a Disability Attorney before the Claim has been Denied?
Answers to questions about SSD and SSI disability
Qualifying for Disability - What is Social Security Looking for?
How do I check the status of my Social Security disability claim?
What Expenses Will A Social Security Attorney Charge In Addition To The Fee?
Facts about Migraine and Filing for Disability
How to prove you are disabled
and win disability benefits
1) Migraine is a type of severe headache that lasts anywhere from four hours to 3 days and is oftentimes accompanied by painful throbbing on one side of the head, sensitivity to light and sound, sweating, fatigue, chills, nausea, and vomiting.
2) Although not present in all migraine patients, some people experience warning symptoms before migraine called ‘aura’. These symptoms include altered body perceptions such as unusual visual perceptions, strange smells, or other odd sensory perceptions. Aura usually appears an hour or so before the headache stage. It is estimated that nearly 30 percent of migraine sufferers experience aura.
3) It is thought that nearly 11 out of every 100 American experience migraine. While migraine is more prevalent in women than men, women report having less migraines while pregnant.
4) It is thought that the cause of migraine is abnormal brain activity brought on by environmental ‘triggers’. There are many known ‘triggers’ for migraine, or things that seem to cause a migraine attack for certain patients. Some known triggers are: bright lights, stress, smoking, alcohol, loud noises, skipping meals, offensive or strong odors, birth control pills, certain foods, and tension headaches.
5) It is thought that foods containing MSG (monosodium glutamate) can trigger migraine, as well as foods containing nitrates or tyramine. Many doctors recommend patients keep a food diary to determine if certain foods are triggering migraines so they may be omitted from the patients diet.
6) There is no cure for migraine, though different medications can be used to combat individual symptoms. Over-the-counter pain medication such as nonsteroidal anti-inflammatory drugs (NSAIDS) may be used as a first defense, although narcotic pain relievers may be more effective for more severe migraine. Sedatives and anti-nausea medications are also frequently prescribed.
7) Many studies have also found that weather changes such as changes in barometric pressure, high humidity, and other significant changes in temperature and weather were triggers for migraine.
Can you qualify for disability benefits with this condition?
Whether or not you qualify for disability and, as a result, are approved for disability benefits will depend entirely on the information obtained from your medical records. This includes whatever statements may have been obtained from your treating physician (a doctor who has a history of treating your condition and is, therefore, qualified to comment as to your condition and prognosis).
It will also depend on the information obtained from your vocational, or work, history if you are an adult, or academic records if you are a minor-age child. The important thing to keep in mind is that the social security administration does not award benefits based on simply having a condition, but, instead, will base an approval or denial on the extent to which a condition causes functional limitations. Functional limitations can be great enough to make work activity not possible (or, for a child, make it impossible to engage in age-appropriate activities).
Why are so many disability cases lost at the disability application and reconsideration appeal levels?
Speaking as a former Disability Claims Examiner, I can state that there are several reasons:
1) Social Security makes no attempt to obtain a statement from a claimant's treating physician. By contrast, at the hearing level, a claimant and his or her disability attorney will generally obtain and present this type of statement to a judge;
2) Prior to the hearing level, a claimant will not have the opportunity to explain how their condition limits them, nor will their attorney or representative have the opportunity to make a presentation based on the evidence of the case. At the hearing level, of course, this is exactly what happens. And a number of disability representatives will also take such steps even earlier, at the reconsideration appeal level;
3) Disability judges, unlike disability examiners who decides cases at the first two levels of the system, can make independent decisions without being overturned by immediate supervisors--which happens frequently.
Return to: SSDRC, or the Social Security Disability Questions page