Obtaining disability benefits for Migraine Headaches
Author Attorney Greg Reed:
Updated: 8/5/2024
Can I get disability benefits if I am suffering from the effects of Migraine Headaches?
Migraine headaches are not explicitly recognized as a disability by the SSA which means in order to be eligible for benefits you must demonstrate that your migraines meet the criteria of an existing listing in the Blue Book or are severe enough to hinder your ability to perform basic work tasks consistently. You must show that you experience migraines at least once a week for three consecutive months or at least once every two weeks for the same duration, resulting in limitations in areas such as concentration, physical functions, understanding information, social interactions, and self-care. Medical evidence and documentation of any treatments tried is essential for a successful application for migraines.
Can I get disability benefits if I am suffering from the effects of Migraines?
Migraine headaches affect more than 10% of people worldwide, occurring most often in people 20-50 years of age. According to the American Migraine Foundation, migraine headaches are the second leading cause of global disability. In the United States one in four households has a person suffering with migraine headaches. If you are suffering from the effects of migraine headaches you may qualify for disability benefits.
Though each person experiences migraines differently, the most common symptoms include:
- Pain in temples or behind one eye or ear
- Sensitivity to light, noise or strong smells
- Dizziness
- Seeing spots or flashing lights
- Ringing in the ears
- Nausea and vomiting
- Blurry vision or not being able to see at all
- Neck stiffness
- Pins and needles sensations
- Numbness in the face
- Weakness
- Difficulty speaking
- Food cravings
Any of these symptoms can certainly affect your ability to maintain employment.
Migraine headaches vary in frequency, occurring less than 15 days per month (episodic) or more than 15 days per month for three or more consecutive months (chronic).
More than 4 million people experience chronic migraines daily. Job attendance is a big part of maintaining employment.
Unfortunately, there is no cure for migraines currently; treatment focuses on relieving pain and managing symptoms.
Doctors can prescribe medications that may be taken during an attack as well as preventive medications to reduce the frequency and severity of headaches. Patients can also avoid things that trigger migraines, reduce stress and get enough sleep. If you apply for disability, you will need to demonstrate that you are following your doctors prescribed treatment plan, doing the best you can to combat the debilitating issue.
Can I get approved for Social Security Disability if I can’t work because of migraines?
Migraine headaches interfere with a person’s work and social life and their ability to care for themselves.
Many individuals have to stay in bed or a dark room for hours or days, and medication may not be effective or have side effects. Approximately 90% of individuals who experience migraines are unable to work during an active migraine headache and often hours or days after an attack. According to the American Headache Society, 113 million workdays are lost due to migraine attacks in the U.S. each year, and absence from the workplace can have a severe impact on an individual’s career and finances.
Social Security has created a manual called the Blue Book which lists impairments Social Security considers disabling and may automatically qualify for benefits.
Because migraine headaches are not recognized as an impairment in Social Security’s Blue Book, there are no specific guidelines to be eligible for Social Security Disability Income. In order to qualify for disability benefits, you must prove that your migraine headaches equal the criteria of a listing in the Blue Book or are so severe that you cannot perform basic work tasks on a regular basis. For example, to qualify under a brain injury, you would have to meet the requirements of that listing, Section 11.18. You may also be able to qualify under Epilepsy Section 11.02, if you can show that chronic migraines limit your ability to function as much as that listing for dyscognitive seizures.
To be approved, you must show that despite following a doctor’s prescribed treatment:
- You have migraines at least once a week for at least three consecutive months; OR
- your migraines occur at least once every two weeks for three consecutive months and cause you to be limited in at least one of the following:
- concentrating and completing tasks
- physical functions, such as standing and walking
- understanding and using information
- interacting with others
- adapting to change, managing your emotions and taking care of yourself
Social Security will want to see objective medical evidence supporting your application, including:
- A doctor’s diagnosis of recurrent migraines;
- Results of tests performed to rule out other conditions;
- Imaging tests, such as a CT scan, MRI, and EEG;
- Doctors’ notes regarding the frequency and severity of migraines;
- Records from ER visits and hospitalizations due to migraines;
- Medications and other treatments tried, including results and side effects.
Make sure you obtain regular medical treatment.
An applicant who contends that their migraines are disabling but has not tried several different medications or followed a doctor’s recommendations will not be credible to Social Security. It is helpful to keep a personal record of daily tasks you need help with when you are having a migraine attack, like washing or cooking and shopping. Be sure to keep track of the frequency and length of attacks as well as days you miss work because of migraine attacks because these factors play a very important part in whether or not you are approved. You must prove that your medical condition has reduced your work productivity by at least 15 % of the acceptable level. If you consistently need to stop work because of a migraine headache, or miss work several days per month, you will not be able to maintain full-time employment.
If your symptoms do not match those of a Blue Book listing, you may still qualify if you can prove that migraine headaches interfere with your ability to work so much that you cannot perform your old job or any job.
Again, you must be severely limited in concentrating, comprehending instructions, getting along with others, lifting objects, walking, and standing or sitting for long periods of time. Social Security is mainly interested in your functional limitations and how they impact your daily life. You may be experiencing difficulty speaking or having problems concentrating. Social Security will conduct a Residual Functional Capacity (RFC) assessment to evaluate your physical and mental capabilities to determine if there is any job you can do, taking into consideration your age, education and whether or not you can drive. Even better, ask your doctor to fill out an RFC form and a mental RFC form; Social Security places a lot of weight on doctors’ opinions. Social Security is interested in whether you can do any full-time job, not just your previous job. If Social Security decides you cannot do your old job or don’t have the skills to perform a new job, you may be approved for a Medical-Vocational Allowance. If Social Security decides you are capable of another type of employment, your application will be denied.
“Once Social Security determines the limitations caused by your condition, they will employ a vocational expert to assess whether a person with these limitations is employable. Most vocational experts will find a person to be unemployable if their condition or the treatment rendered for the condition causes the person to regularly be absent two or more days a month or be “off-task” 15% or more of the workday.”
We were hired by a Travis County resident who was suffering from a number of impairments including intracranial hypertension, migraines, and impaired cognition which prevented him from working.
The Social Security Administration originally determined the claimant to have no severe physical impairments and that the claimant could perform a range of light work, consequently he was denied disability benefits. At the hearing attorney Daniel Messenger presented additional medical evidence and testimony that his client suffered from intercranial hypertension, causing migraine headaches and cannot sustain employment due to dizziness, lightheadedness, memory problems, and deficits in concentration associated with his medical condition.
On appeal the judge found the SSA’s original opinion was incorrect and awarded our client full disability benefits.
A client suffering from migraines headaches from the Central Texas area applied for disability benefits and was initially denied.
She hired us to represent her at her disability hearing. Initially the SSA found that the claimant did not have an impairment that meets or medically equals the severity of one of the listed impairments. The claimant was determined to have the residual functional capacity to engage in sedentary work, with the ability to occasionally lift or carry 10 pounds. Additionally, they can stand and walk for a total of 2 hours during an 8-hour work day, while being able to sit for a total of 6 hours during the same period. The client was said to have psychological limitations such that they can understand, remember, and carry out routine instructions and interact occasionally with the public.
Attorney Daniel Messenger presented significant medical documentation to demonstrate the extent of his client’s limitations. He proved that the claimant was more limited than the SSA previously assessed, and unable to sustain competitive work on a regular and continuing basis. Mr. Messenger proved that the claimant’s migraine symptoms negatively impaired her functioning and that the claimant was not able to hold any employment that requires reading of printed or digital text, presence in a nosy or bright environment, operation of a vehicle or other machinery, or manual labor. According to the testimony of the vocational expert, the claimant would experience excessive off-task behavior and frequent absences, making it difficult for them to sustain employment in a competitive job.
The judge found that claimant’s acquired job skills do not transfer to other occupations within the residual functional capacity defined, and considering the claimant’s age, education, work experience, and residual functional capacity, there were no jobs that exist in significant numbers in the national economy that the claimant could perform. The judge ruled that a finding of “disabled” was appropriate and the client was awarded full disability benefits.
A Dale, Texas client suffered from pseudotumor cerebri, which causes intractable headaches.
The headaches, in conjunction with pulsatile tinnitus, awoke the client at night and prevented sleep, which caused her to develop symptoms of depression. Her doctor wrote that she was unable to perform the material duties of her occupation or a qualified alternative. A board certified neurologist stated that she was totally disabled due to her multiple conditions which included chronic, daily headaches.
SSA awarded SSDI, but Cigna denied her LTD claim. Bemis, Roach & Reed filed a claim and subsequently obtained a settlement.
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Disability Benefits FAQs
Social Security has some basic financial requirements.
Before you are eligible for Social Security disability benefits, you must satisfy some basic financial requirements. You must: 1) have a disability that has lasted or is expected to last 12 months; and 2) you must have worked in a job where you paid Social Security taxes long enough and recently enough; and 3) you must not earn more than Substantial Gainful Activity (SGA), which is $1,550 per month in 2024 for nonblind applicants and $2,590 per month for blind applicants.
Basic SSDI Requirements –>
You may also be eligible for Social Security Disability benefits if you have another medical condition.
One disorder alone may not meet the criteria of an impairment as stated in Social Security’s Blue Book, but if you have more than one medical condition, Social Security must consider how those health issues combined limit your ability to hold a job and perform necessary daily tasks.
Disability for Multiple Impairments –>
If you are 55 or older or have another medical condition you may get approval.
Applicants who are 55 or older often fall under a grid rule, which means they are not expected to learn a new job.
Disability for those over 55 –>
You may also be eligible for Social Security Disability benefits if you have another medical condition.
One disorder alone may not meet the criteria of an impairment as stated in Social Security’s Blue Book, but if you have more than one medical condition, Social Security must consider how those health issues combined limit your ability to hold a job and perform necessary daily tasks.
Disability for Multiple Impairments –>
Should you file a claim?
If you believe that you meet Social Security’s medical and financial requirements, you should apply for benefits. If you are still unsure or would like to talk to someone, please contact us at 512-454-4000. We are always ready to take your call and discuss your options with you free of charge. We are happy to help folks just like you find the best solution for their personal situation.
How do I file for Social Security Disability benefits?
Once you have decided to file a claim, you can take the first step and apply for Social Security Disability benefits in person at your local Social Security Administration office, online, or over the phone.
How to Apply for SSDI –>
Appealing denied benefits
Most who file are denied initially. That doesn’t mean you won’t qualify; you just need to file an appeal.
There are four steps to the Social Security appeal process.
SSDI Appeals Process –>
Do I need a disability attorney for SSDI?
You may certainly file a claim on your own, but evidence shows that your chances for approval are increased significantly if you have legal representation.
Do I need an SSDI attorney–>
What if I don’t qualify for SSDI?
If you haven’t worked long enough to earn enough work credits, or if you earn too much income, you may be eligible for disability benefits through another Social Security program, such as Supplemental Security Income (SSI), or from a long-term disability insurance plan through your employer or a privately purchased policy.
What is Supplemental Security Income or SSI?–>
I have long-term disability insurance – should I file a claim?
Absolutely – you should file a claim as soon as you become disabled.
LTD Disability Appeals Process–>
Disability benefits are an important source of income for those who are unable to work. If you are not able to work due to accident or illness, you may be eligible for Social Security Disability or Long Term Disability benefits. If you have applied for benefits and been denied, contact the attorneys at Bemis, Roach and Reed for a free consultation. Call 512-454-4000 and get help NOW.
Author: Attorney Greg Reed has been practicing law for 29 years. He is Superlawyers rated by Thomson Reuters and is Top AV Preeminent® and Client Champion Gold rated by Martindale Hubbell. Through his extensive litigation Mr. Reed obtained board certification from the Texas Board of Legal Specialization. Greg is admitted to practice in the United States District Court – all Texas Districts and the United States Court of Appeals-Fifth Circuit. Mr. Reed is a member of the Travis County Bar Association, Texas Trial Lawyers Association, past Director of the Capital Area Trial Lawyers Association, and an Associate member of the American Board of Trial Advocates. Mr. Reed and all the members of Bemis, Roach & Reed have been active participants in the Travis County Lawyer referral service.
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