The Listing Strategy

Although Social Security defines “disability” in terms of activity limitations, there are some instances in which a claimant need only present a diagnosis in order to win.  In other words, it is not always necessary to present proof that you cannot sit, cannot stand, cannot lift, cannot concentrate or perform other activities necessary in even the easiest type of work.

SSA recognizes that certain diseases and condition are so severe that anyone with such a condition could not possibly work.  These conditions are identified in a Social Security publication called the “Listing of Impairments,” or “Blue Book.”

No “Listing” for Migraine Patients

Unfortunately for migraine sufferers, there is no “listing” for migraine headaches.   Migraine patient advocacy groups like the National Migraine Assocation have been lobbying Congress to add a migraine listing – if you want to support this effort, please contact the Association.  Migraine headache patients can still win, but they will need to pursue disability under a different case strategy – the functional capacity strategy.  You can read about the functional capacity strategy for winning a migraine headache case by clicking on the link.

Migraines + Other Medical Condition = Possible Listing Argument

Sometimes, of course, migraine headaches may be symptoms of another serious medical problem such as a stroke or other neurological disease or condition.  In such a case, you and your attorney should review the listings, and, in particular, the listings for neurological conditions.

For claimants who cannot function at work because of migraines alone, however, Social Security’s listings do not currently provide an argument.  Instead, you may wish to focus on proving that the frequency and duration of your migraines leave you unable to perform the tasks of even a simple, entry-level job.

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