Children suffering from a seizure disorder or epilepsy may qualify for Childhood SSI disability benefits. Childhood SSI claims are evaluated differently than adult claims for Social Security Disability or SSI. The Social Security Administration determines whether the child has impairments that meets or medically equals a "listing," or that functionally equals a listing. The Childhood Listings involving seizures or epilepsy are:
111.02 Major motor seizure disorder
A. Convulsive epilepsy. In a child with an established diagnosis of epilepsy, the occurrence of more than one major motor seizure per month despite at least three months of prescribed treatment. With:
- Daytime episodes (loss of consciousness and convulsive seizures); or
- Nocturnal episodes manifesting residuals which interfere with activity during the day.
B. Convulsive epilepsy syndrome. In a child with an established diagnosis of epilepsy, the occurrence of at least one major motor seizure in the year prior to application despite at least three months of prescribed treatment. And one of the following:
- IQ of 70 or less; or
- Significant interference with communication due to speech, hearing, or visual defect; or
- Significant mental disorder; or
- Where significant adverse effects of mediation interfere with major daily activities.
111.03 Non-convulsive epilepsy. In a child with an established seizure disorder, the occurrence of more than one minor motor seizure per week, with alteration of awareness or loss of consciousness, despite at least three months of prescribed treatment.
If the Listing cannot be proven, the child can still qualify if she functionally equals the listings in terms of six domains: (1) acquiring and using information; (2) attending and completing tasks; (3) interacting and relating with others; (4) moving about and manipulating objects; (5) caring for yourself; and (6) health and physical well-being. To functionally equal the listings, the claimant's impairment or combination of impairments must result in "marked" limitations in two domains of functioning or an "extreme" limitation in one domain.
If you need more information about a Social Security Disability/SSI, personal injury, EEOICPA, long or short-term disability, VA disability, or a workers compensation matter, please contact the Law Offices of Tony Farmer and John Dreiser for a free case evaluation. We can be reached at (865) 584-1211 or (800) 806-4611 or through our website. Our office handles claims throughout East Tennessee, including Knoxville, Chattanooga, Kingsport, Bristol, Johnson City, Morristown, Maryville, Rogersville, Dandridge, Tazewell, New Tazewell, Jefferson City, Strawberry Plains, Sevierville, Gatlinburg, Loudon, Kingston, Halls, Maynardville, Crossville, Cookeville, Jamestown, Sweetwater, Lenoir City, Athens, Oak Ridge, Clinton, LaFollette, Lake City, Jacksboro, Bean Station, Cosby, Newport, Greeneville, White Pine, Mosheim, Wartburg, Sunbright, Pigeon Forge, and Deer Lodge.