Several years ago, Social Security began to update its regulations on neurological disorders. The changes will affect disabilities based on strokes, epilepsy, traumatic brain injuries, brain tumors, Parkinson's disease, multiple sclerosis (MS), cerebral palsy, and other neurological disorders. The current regulations expire in 2007 unless they are revised or extended.
The full text of the current standards for neurological disorders is available online.1 It is hoped that the revisions will help by simplifying and clarifying language and including more current medical terminology. SSA proposes to include more of the behavioral and social effects of neurological impairments.
It is common knowledge that a neurological event such as a stroke or traumatic brain injury will impact far more than simple physical capacities. A patient may have cognitive, vision, and language alterations. After the onset, a patient may have anxiety and depression. Previously independent, highly functioning people may need constant support and companionship, as well as medical supervision.
The regulation also covers epilepsy. The degree of disability in epilepsy cases is determined according to type, frequency, duration, and after-effects of seizures. Medical records can be supplemented by observations of family members or other witnesses. Each of the other neurological disorders under the listings has a separate set of requirements for establishing disability under Social Security law.
A change is already in place for Amyotrophic Lateral Sclerosis (ALS) (Lou Gehrig's disease) - a precise diagnosis is all that is necessary to medically qualify for disability benefits. The diagnosis must be "established by acceptable clinical and laboratory findings." Waiting periods have been abolished, and no showing of functional impairment is necessary.
To qualify for benefits for MS, certain symptoms must be demonstrated after the diagnosis. There must be at least one of these symptoms that meets the required severity:
- disorganization of motor function
- visual or mental impairment
-
significant, reproducible fatigue of motor function with substantial muscle weakness on repetitive activity
It is possible to win a Social Security disability case even if a claimant does not exactly meet the regulation. Functional impairments, age, education, and work experience are considered. Also, Social Security recognizes that medications for some of these conditions create adverse side effects that must be considered under the law.
