It is possible to obtain Social Security disability benefits for non-epileptic seizures (NES), but the path is often complex and demanding. These episodes are not caused by abnormal electrical brain activity, which creates a unique challenge for the Social Security Administration (SSA). Because the underlying cause is frequently psychological, the claim is evaluated differently than a standard neurological disorder, requiring extensive and specific medical proof. Navigating this process depends on documenting the extent of the resulting functional limitations that prevent a return to work.
Understanding Non-Epileptic Seizures
Non-epileptic seizures (NES) describe episodes that look like epileptic seizures, involving symptoms such as convulsions, shaking, or loss of awareness, but they lack the characteristic electrical discharges in the brain. The most common type is Psychogenic Non-Epileptic Seizures (PNES), which are rooted in psychological or emotional distress, often linked to conditions like conversion disorder, Post-Traumatic Stress Disorder (PTSD), or anxiety. These episodes are involuntary and are a physical manifestation of a psychological disturbance.
NES is distinct from true epilepsy, which is caused by abnormal electrical activity in the brain. The definitive diagnosis relies on specialized testing, primarily Video-Electroencephalogram (Video-EEG) monitoring. This monitoring simultaneously records brain activity and physical behavior during an episode. The absence of epileptic activity on the EEG during a typical event confirms the diagnosis of NES and is a foundational piece of evidence for a disability claim.
Establishing Disability Eligibility
The Social Security Administration (SSA) requires that an applicant have a severe, “medically determinable impairment” (MDI) that has lasted or is expected to last for at least one year. For NES, the condition is almost never evaluated under the neurological listings (Listing 11.00) because PNES is specifically excluded. Instead, the SSA evaluates PNES under the Mental Disorders Listings (Listing 12.00), most often using the criteria for Somatic Symptom and Related Disorders.
To meet a listing, the impairment must satisfy specific criteria related to the severity of symptoms and the resulting limitation in mental functioning. This involves demonstrating extreme limitation in one, or serious limitation in two, of four broad areas of mental functioning: understanding, remembering, or applying information; interacting with others; concentrating, persisting, or maintaining pace; and adapting or managing oneself. The focus is on how the frequency and severity of the seizure episodes, and the underlying mental health conditions, limit the ability to perform basic work activities consistently. Even if the claim does not meet a specific listing, the SSA may still grant benefits if the functional limitations prevent the applicant from performing any past work or adjusting to any other available work.
Required Medical Evidence and Documentation
The complexity of NES claims requires compelling and specific medical evidence for a successful application. The most crucial document is the result of the Video-EEG monitoring, which serves as objective medical proof that epilepsy has been ruled out and the NES diagnosis is confirmed by an acceptable medical source. These records must be submitted alongside comprehensive treatment notes from all treating providers, including neurologists, psychiatrists, and psychologists.
The SSA needs detailed clinical records that establish a clear link between the underlying psychological condition and the physical seizure-like events. This includes extensive psychological or psychiatric evaluations, especially if the diagnosis is Conversion Disorder or PTSD. Treating physicians must also provide detailed statements about the frequency, duration, and severity of the seizures, including the recovery time needed after an episode, and how these factors impact daily life.
A Residual Functional Capacity (RFC) form completed by the treating physician is a highly influential piece of evidence. This form explicitly details the applicant’s maximum physical and mental capabilities despite the impairment. For an NES claim, this involves defining limitations such as the inability to maintain attendance due to unpredictable episodes, difficulty with focus or concentration, or restrictions on working around hazards due to the risk of a seizure. Patient-maintained seizure logs and credible witness statements can further support the medical evidence.
Navigating the Application and Evaluation Process
The application process begins with filing the initial claim. The high rate of initial denial for complex disability claims like NES means applicants should prepare for an appeal. Reading the denial letter carefully to understand the exact reasons for the rejection is the first step of the appeals process.
If denied, the next stages typically involve a Request for Reconsideration and, if denied again, a hearing before an Administrative Law Judge (ALJ). The ALJ hearing is often the best opportunity for a successful outcome, as the applicant and their representative can present live testimony and cross-examine vocational or medical experts.
Securing legal representation from a disability attorney early in the process is highly beneficial. An attorney understands how to frame NES within the SSA’s complex mental health criteria and assists in gathering the specific medical records needed to prove functional limitations. They can also ensure the correct Residual Functional Capacity forms are completed and submitted, which is a common stumbling block for unrepresented claimants.