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Strategy for Winning a Seizure Disorder Case

Jonathan, I have an appeals hearing on 1/30/08 with an ALJ. I have multiple medical problems, the worst of them being a seizure disorder. I take medicine and have not had a grand mal seizure since 11/10/06, but continue to have petit mal seizures several times a week, sometimes everyday. I also have rheumatoid arthritis in my right wrist & a dropfoot which now is effecting my knee & hip. What is the best wat to present my case?
Mark

Jonathan Ginsberg responds:  Mark, last week I appeared before a judge with a client who had a seizure problem.  In her case, she was producing micro tumors that were releasing hormones that triggered seizures.   There is no treatment or cure for her condition.

The medical expert present at the hearing stated that she met Listing 11.03, which basically says that an individual is disabled if he has petit mal seizures at least once a week for a minimum 3 months duration despite prescribed medical treatment.  What you describe sounds similar, at least in a general sense.

It would seem to me that the seizure issue you describe might be a strong argument for you.  If you can enlist the help of a treating doctor to describe these seizures and to support your claim that these seizures leave you tired, disoriented, incapable of on-going concentration and focus that would help.

In a similar vein, if you can get a treating doctor to identify specific activity limitations (lifting, carrying, walking, standing, sitting) arising from your rheumatoid arthritis, that would help eliminate many categories of possible employment.

Obviously, without reviewing your medical record specifically I have no way of knowing whether your doctors support you or how the medical record addresses the severity of your problems, so my suggestions should be taken as general advice only.  I do hope this helps you get a sense about how your case could be analyzed.

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