More than 3 million persons are diagnosed with migraine headaches every year in the United States. Many of these are chronic sufferers who get a debilitating migraine at least three times a month.
These chronic headaches may be disabling and may qualify for an SSDI benefit. The keys are frequency, duration and severity.
Classic migraines are often accompanied by symptoms of photophobia (sensitivity to light), phonophobia (sensitivity to sound), nausea and vomiting. When migraines do not respond to treatment over a period of time, your doctor may label them "intractable."
In order to get Social Security disability benefits for migraine headaches, the three important questions are: (1) Frequency of headaches and (2) severity and (3) duration.
How often do you get a migraine? How bad are your migraines? How long do they last?
If your headaches are infrequent, once a month or less, and respond to prescription medication such as Topimirate or Imitrex, they are probably not considered disabling. If your headaches occur several times per month, last all day and would cause you to be absent from work, they may be considered disabling.
I win SSDI cases for severe migraine headaches when the medical evidence demonstrates that the headaches occur several times per month, are debilitating for several hours when they occur, do not respond to appropriate medical treatment and would cause excessive absences from work on a consistent basis.
Another fact to consider in these cases is the effect of pain. Even if an individual shows up for work with a migraine, is the pain severe enough to interfere with concentration? If I can demonstrate medically that migraines would frequently cause an individual to be off task at work more than 10 percent of the time, I can usually get SSDI benefits approved. The same is true if migraines would force a worker to be absent more than about 2 days per month.
The key is medical treatment. In addition to doctor's records, I would like to get a Treating Source Statement from a doctor who treats the migraine headaches. This form will discuss frequency, severity, treatment and how the headaches restrict the ability to perform work activity on a "regular and continuing basis."
The best person to evaluate a claim for migraine headaches is an attorney or disability advocate trained in the disability rules and process. Representatives who have taken cases before administrative law judges hundreds of times know exactly what the judges look for in such cases. And they know the evidence that must be presented to be approved.
If you suffer from frequent, debilitating migraine headaches, I encourage you to keep a log or diary. Write down how often migraines occur, how long they last and what other symptoms occur (nausea, vomiting, dizziness...).
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