|
Social Security disability claims arising from migraine headaches have become more common over the past ten to fifteen years. The Migraine Research Foundation, a private organization that funds research into the causes and treatment of migraine headaches, estimates that 30 million Americans suffer occasionally or regularly with migraine headaches. These headaches result in 113 million lost work days due to migraines and $13 billion of lost productivity.
Migraine patients file for Social Security disability when the frequency and severity of headaches reaches the point where work activity is impossible, despite relaxation techniques and medication therapy.
In my experience, Social Security judges will approve disability based on migraines if they are convinced that:
- the claimant is sincere, truthful and credible
- the claimant has tried all available therapies and medications without success
- the medical record supports the disability claimant’s allegations of headache frequency and severity
My case strategy for winning migraine cases arises from a “functional capacity” argument - that because of frequent and debilitating migraine headaches, my client would not be a reliable employee at even a low stress job with minimal physical or mental demands.
|
