Social Security Disability RC

How to file for disability, Filing for SSI
Disability Requirements, Disability Status
How long is the wait?, Disability Application
Social Security Disability list of impairments
How to Qualify for Disability, Mental Disability
Disability Lawyers FAQ, Disability Back Pay

Can I be approved and awarded disability if I have migraines?



 
Migraines are a legitimate condition to list on an application for Social Security or SSI disability. That said, Social Security does not have an impairment listing that specifically provides the medical criteria needed to be approved for disability. This does not mean that you cannot be approved for disability, although it is not easy with migraines only.

Generally, migraines fall under the classification of neurological impairments. Therefore, if migraine headaches were listed in the SSA Blue Book listings, this condition would most likely be evaluated using the adult listing section 11.00, Neurological System–Adult. Unfortunately, migraines do not have their own SSA listing, in spite of the fact they are a commonly listed condition on disability applications.

Individuals with chronic migraines often have a difficult time proving that their migraines are so debilitating that they prevent earnings which the Social Security Administration considers to substantial and gainful income (this is known as SGA, the income limit for those on disability).



However, because Social Security Disability is based upon functionality rather than specific conditions, if migraines cause significant limitation to your daily activities you have the possibility of being approved.

What you need to prove for disability with migraines

A person filing for disability on the basis of migraines must prove that they are no longer able to perform SGA level work activity. This is done through:

A) the information contained in their medical records (medical records should document the frequency, duration, and severity of the migraines in addition to medications, testing, treatment, response to treatment), and

B) the information revealed in their vocational work history, specifically, what types of work they have done, the functional requirements of each of the jobs listed, and their job skills that might enable them to transition into another kind of work.

Social Security Disability considers the ways and extent to which a person is functionally limited, because it impacts their ability to engage in work activity. Consequently, disability specialists must consider a person’s ability to do past work or other kinds of work, if they do not meet or equal an impairment listing. If a person’s limitations prevent the performance of past work or other kinds of work when their limitations, age, education, an job skills are considered, they may qualify for disability through a medical vocational allowance.

Your own documentation for a migraine disability claim

You need to have a well-documented medical history that supports your allegation of disability. Social Security Disability examiners look for medical treatment records that show the frequency and severity of your migraines. Additionally, they look for objective medical testing such as: MRI results, CT scans, and any other testing available.

You may be able to help your disability claim by completing a migraine journal. Doctors often suggest keeping a diary that provides A. the dates of your migraines, B. if there was an aura prior to the migraine, and C. whether or not the prescribed medication had any effect, etc.

Information from your doctors for a migraine case

Of course, it is imperative that your doctor’s treatment notes are in sync with the contents of your migraine diary.

You will not be able to be approved if you only have occasional migraines that are easily controlled by medications. You have to be able to show that the migraines are happening often in spite of your medical treatment, and that the migraines cause you to be mentally impaired for a lengthy amount of time.

It is also very helpful for your treating physician to provide a statement that provides your diagnosis, response to treatment, and your prognosis along with a detailed statement as to their opinion of the limitations caused by your migraines.

If you do not have a medical professional, but you have been to the ER, or hospitalized due to your migraines, you may be able to show that your migraines are disabling. Evidence must show that you have had multiple hospital visits for your migraines.

Basically, this kind of information allows the disability examiner to consider other impairment listings than be equaled by the limitations caused by your migraines. It has been suggested that a possible equaling of the seizure impairment listing could be used to approve individuals who suffer from migraines.

Qualifying for disability benefits if you have migraines

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 and treatment notes that 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 also includes discharge summaries from hospital stays, reports of imaging studies (such as xrays, MRIs, and CT scans) and lab panels (i.e. bloodwork) as well as reports from physical therapy.

In many disability claims, it may also include the results of a report issued by an independent physician who examines you at the request of the Social Security Administration.



Qualifying for SSD or SSI benefits 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. In the case of adults, your work history information will allow a disability examiner (examiners make decisions at the initial claim and reconsideration appeal levels, but not at the Social Security hearing level where a judges decides the outcome of the case) to A) classify your past work, B) determine the physical and mental demands of your past work, C) decide if you can go back to a past job, and D) whether or not you have the ability to switch to some type of other work.

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?

There are several reasons but here are just two:

1) Social Security makes no attempt to obtain a statement from a claimant's treating physician. By contrast, at the hearing level, a claimant's disability attorney or disability representative will generally obtain and present this type of statement to a judge.

Note: it is not enough for a doctor to simply state that their patient is disabled. To satisy Social Security's requirements, the physician must list in what ways and to what extent the individual is functionally limited. For this reason, many representatives and attorneys request that the physician fill out and sign a specialized medical source statement that captures the correct information. Solid Supporting statements from physicians easily make the difference between winning or losing a disability case at the hearing level.

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. This is because at the initial levels of the disability system, a disability examiner decides the case without meeting the claimant. The examiner may contact the claimant to gather information on activities of daily living and with regard to medical treatment or past jobs, but usually nothing more. At the hearing level, however, presenting an argument for approval based on medical evidence that has been obtained and submitted is exactly what happens.

Facts about Migraines

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.








Essential Questions

What is the Social Security Disability SSI list of impairments?

Can you work while getting or applying for Disability?

How Often Does Social Security Approve Disability The First Time You Apply?

Tips for getting Social Security Disability or SSI benefits approved

What medical conditions will get you approved for disability?

What kind of Mental Problems Qualify for Disability?

Receiving a Disability Award Letter

Conditions Social Security will recognize as a disability

Previously answered questions regarding SSD and SSI

Applying for disability in your state



Most popular topics on SSDRC.com

Social Security Disability SSI Questions

The listings, list of disabling impairments

Can a mental illness qualify you for disability?

Disability Lawyers prevent unnecessary denials

How much Social Security Disability SSI back pay?

How to apply for disability for a child or children

Filing a Social Security Disability SSI application

Filing for disability - when to file

How to apply for disability - where to apply

Qualifications for disability benefits

How to Prove you are disabled and Win your Disability Benefits

Qualifying for Disability - The Process

How to get disability for depression

Getting disability for fibromyalgia

SSI disability for children with ADHD

What is the Application Process for Social Security Disability and SSI?

Common Mistakes to avoid after being denied for Disability

Social Security Disability SSI Exam tips

More Social Security Disability SSI Questions

Social Security Disability SSI definitions

What makes you eligible for Social Security Disability or SSI?



New and featured pages on SSDRC.com

Who can help me file for disability?




Related Body System Impairments:

Can I be get disability back pay if I am approved for migraines?
Should I get a lawyer for a disability claim for migraines?
Can I be approved and awarded disability if I have migraines?
ALS, Lou Gehrig's Disease and Filing for Disability
Cerebral Palsy and Filing for Disability
Huntington's disease and Filing for Disability
Hydrocephalus and Filing for Disability
Migraine and Filing for Disability
Myasthenia Gravis and Filing for Disability
Narcolepsy and Filing for Disability
Parkinson's Disease and Filing for Disability
Post Polio Syndrome and Filing for Disability
Migraines, Social Security Disability, and Applying for Benefits
If you apply for disability in Massachusetts
Will I qualify for disability Benefits in Massachusetts?
Getting a Disability Lawyer in Massachusetts



These pages answer some of the most basic questions for individuals who are considering filing a claim.

Can you get temporary Social Security Disability or SSI benefits?

Permanent Social Security Disability

What is the difference between Social Security Disability and SSI?

Who is eligible for SSI disability?

Can I Be Eligible For SSI And Social Security Disability At The Same Time?

What makes a person eligible to receive disability benefits?

Applying for Disability - How long does it take to get Social Security Disability or SSI benefits?

What happens if I file a disability application and it is denied by a disability examiner or Judge?









For the sake of clarity, SSDRC.com is not the Social Security Administration, nor is it associated or affiliated with SSA. This site is a personal, private website that is published, edited, and maintained by former caseworker and former disability claims examiner, Tim Moore, who was interviewed by the New York Times on the topic of Social Security Disability and SSI benefits in an article entitled "The Disability Mess" and also by the Los Angeles Times on the subject of political attempts to weaken the Social Security Disability system.

The goal of the site is to provide information about how Social Security Disability and SSI work, the idea being that qualified information may help claimants pursue their claims and appeals, potentially avoiding time-consuming mistakes. If you find the information on this site helpful and believe it would be helpful to others, feel free to share links to its homepage or other pages on website resource pages, blogs, or social media. Copying of this material, however, is prohibited.

To learn more about the author, please visit the SSDRC.com homepage and view the "about this site" link near the bottom of the page.