According to the Mayo Clinic, “Migraine attacks can cause significant
pain for hours to days and can be so severe that the pain is disabling.”
Nonetheless, proving that migraines are disabling enough to collect
Social Security Disability (“SSD”) benefits is difficult. Many
administrative law judges (“ALJs”) dislike finding migraines disabling
because they are hard to establish objectively.
I represent a 37 year old woman, who was able to establish the
chronicity of her migraine headaches through her treatment with a
neurologist that specialized in headaches. Just as importantly, the
claimant was able to establish the severity of her headaches by
submitting records from two-dozen emergency room visits when her
ongoing treatment with her headache specialist and pain management
specialist was unavailing.
The claimant’s doctors stated that the headaches would result in the
claimant missing more than 3 days of work a month, and being off
task more 10% of the time. A vocational expert said those
limitations would preclude full time work. Accordingly, the ALJ found
the claimant’s migraines were disabling, and entitled to SSD benefits.
Wednesday, January 16, 2019
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