1Jun

Questions the Judge may ask in epilepsy or seizure case

By Tomasz Stasiuk, June 1st, 2009 | 3 Hearings, Epilepsy, Seizure Disorders | 3 Comments

Disability cases based on seizure disorders are a very special kind of disability case.

If your case goes in front of an Administrative Law Judge, you can expect to be asked these questions:

How often do you have seizures?
What happens during a seizure?
How do you feel after a seizure?
What do you have to do after a seizure (lie down, sleep etc)? And for how long?
Are you treating with a doctor?
Are you taking your medications as prescribed? How long have you been taking your medications?

While seizure disorders (epilepsy, partial complex seizures, etc.) are often disabling, simply having a seizure disorder is not enough to be found disabled. In many cases, medications control the frequency or severity of seizures.

Of course, in many cases, they do not.

But, to improve your chances of winning your case, you have to be ready to talk about your seizures, how often they happen and how they effect you.

Tomasz Stasiuk is the founding attorney of the Stasiuk Firm - a law firm devoted to exclusively handling Social Security disability cases in Colorado. Contingent fees available.

Rabern57

Has anyone on here ever been to a hearing for seizures? I ask because I have one coming up in 2 and a half months and I have never been to one. I have Complex Partial and Simple Partial seizures and have since I was an infant, I am now 28. I used to have them on a few times a year but about 5 years ago I started having daily episodes where I would feel like I do when I am fixing to black out. When I would have one of these if was real active or wound up I would blackout and have a seizure. I have these episodes several times a day but have learned if I am relaxed during them I wont blackout most of the time. The episodes last about a few minutes on and off. Sometimes they cause me to start feeling like I am blacking out but doesn't get to that point but puts in a weird state like I am half out of it. I have been told those are likely Simple Partial seizures. When I have these I am dazed for about 10 minutes and feel weird but if I blackout it can take me 30 minutes for my mind to clear up and I feel weird for the rest of the day and sometimes the next day too. Feeling weird makes hard to relax and make me more likely to blackout when I have another one. I am also now having to deal with the side effects of all the meds where I am tired all the time and my mind is not as clear.

Now I have been fired from the last 2 jobs I have had for having seizures there and can't get anyone to hire me because of them. I can't drive. I received treatment as a child with all kinds of meds and lots of tests but the hospitals no longer have my records. I went for about 10 years with out treatment but have been accepted into a clinic since January 2010 and have been receiving seizure meds and also High blood pressure and anxiety meds. They have done blood test on me each month to check my med levels to show I take them. I was also put on anxiety meds because if I start having the seizure feeling and I am in a bad situation to relax me like in a store. And to help keep me from having a panic attack while dealing with all this blacking out which can cause me to go into a seizure. I have the seizures where I blackout about 75 times a year but can go for about 3 weeks without blacking out but can blackout about 7 times in a day or 2. I have the one where I feel real strange and out of it about 3 times a week plus the mild ones that don't progress several times a day. I also have the ones where I go into convulsion about 3 times a year. I have been taken to the emergency room and had cops and paramedics called on me several times a year. I have countless people who can give statements to describe my condition. I have a friend and a brother who are around me a lot and can testify that I have the strong ones that I don't blackout all time while around them and have to stop and deal with it. I have 1 for sure emergency room visit where they inject me with seizure meds and gave me a prescription on record from Dec 2009. The only thing I don't have is a EEG because I haven't had one since I was in High school. I was wondering if anyone had an idea of what my chance are of being approved. And what I could do to help my claim.
Towmatter

hwo did you case go?
Dsweatland

I have gone threw the same thing but had my hearing. Hope you have a lawyer. At the hearing two people will be there. Saying You can work. Tell excally what happen after the seizure. I told them that I sleep for 3 days doesnt mean that happens to you. But can tell them you have been fired for it. Get paper work that is what happen at the last job. Also get medical back up from Doctors and hospial visit. Go the the hopial for a video eeg. Make sure u get a good hospial Not all well say you are one.. It took me two. They put them on my forhead and tidnt even know I was having them. That is called sudden death syndrom. Any more questions I will be on the site.