Social Security Considering Changes to Epilepsy and Multiple Sclerosis Listings

The Social Security Administration has proposed several changes to the “listed” impairments, which can qualify an individual to receive Social Security Disability Income.

The listing for “epilepsy”, under section 11.02 and 11.03. Currently, non-convulsive epilepsy requires a seizure pattern occurring more frequently than once weekly in spite of at least 3 months of prescribed treatment. The proposed listings describe seizure frequency depending on the type of epilepsy, in terms of “occurring at least once a month for at least 3 consecutive months, at least once a week for at least 3 consecutive months or at least once every 2 months for at least 4 consecutive months. This would appear to be more limiting than the current listing, which allows for “averaging” seizures during a 3 month period. The proposed changes seem to require that the seizures occur on a more regular basis.

The proposed changes to listing 11.09 regarding multiple sclerosis would rely on two categories, rather than the current three. Current listing 11.09A deals with “Disorganization of motor function as described in 11.04B,” and Significant and persistent disorganization of motor function in two extremities, resulting in sustained disturbance of gross and dexterous movements or gait and station. In contrast, the proposed listing 11.09 would provide for extreme limitation…in the ability to stand up, balance, walk or perform fine and gross motor movements.

Ft. Lauderdale Social Security Disability Attorney Randy Zeldin, Esq., assists individuals with epilepsy and multiple sclerosis to obtain Social Security Disability benefits.