We serve SSDI and SSI claimants locally and across the nation. We have effectively assisted many clients in pursuing successful Social Security Disability claims related to chronic headaches.
Please schedule a free initial consultation with one of our disability lawyers today. You may contact our firm online or you may reach us by phone.
What to Know About the ADA & Migraines
Many people ask us, Are migraines considered a disability under the ADA? While the ADA has an impact on disability laws, the Social Security Administration (SSA) actually compiles its own list of medical conditions that qualify for SSDI. The conditions on this list automatically qualify a person for Social Security Disability benefits. Unfortunately, chronic headaches and migraines are not on that list.
This means that almost all initial Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) claims involving chronic headaches are denied. While your initial claim may be rejected, there is still hope. We are committed to helping people suffering from debilitating headaches get SSDI or SSI benefits.
Getting SSDI And SSI Benefits For a Migraine or Cluster Headache Disability
The first step in getting SSDI and SSI for headache pain is proving that the headaches are equal in severity to a medical condition that is on the SSA list of approved conditions. To make this determination the SSA will:
- Review the medical notes and reports made by your doctor. In headache cases, SSA will give significant weight to the treating headache specialist, neurologist, and/or pain management specialist
- Review your description of the location, duration, frequency, and intensity of the headache pain and how it affects daily activities
- Review the type of medications you’re taking, their effectiveness, and any relevant side effects
The application process for SSDI and SSI is intended to allow you to handle your own claims. However, it can be extremely helpful to have a knowledgeable Social Security Disability lawyer on your side. This is especially true considering that a majority of initial headache claims are denied.
The SSDI And SSI Application Process For Chronic Headaches
Initial applications for SSDI and SSI benefits for chronic headaches are almost always denied. We recommend hiring an experienced Social Security Disability lawyer early in the application process. In our experience, the earlier an SSDI attorney becomes involved, the greater the likelihood of success. We hope to be retained as soon as someone has filed an application for benefits.
It is best to file applications for SSDI and SSI in person at a local SSA District Office. This will typically expedite the process. You will need a birth certificate, a list of physicians and medications used to diagnose and treat your chronic headaches, and a work history. If you receive a denial letter, you have 60 days to file a Request for Reconsideration.
If an appeal for SSDI or SSI benefits related to chronic headaches is denied, you have 60 days to file for a hearing before an Administrative Law Judge (ALJ). This is often the best chance of getting SSDI or SSI benefits for chronic headaches. However, even an ALJ’s decision can be appealed to an Appeals Council and U. S. District Court. However, this is not likely to be successful.
Types of Disabling Headaches
Some of the common types of headaches that can cause permanent disabilities include the following:
- Tension-type headaches
- Migraine headaches
- Chronic cluster headaches
- Hormone headaches
- Chronic progressive headaches
- Hemiplegic migraines
- Ophthalmoplegic migraines
- Retinal migraines
- Basilar artery migraines
- Abdominal migraines
- Post-traumatic headaches
