A “functional capacity argument” is the most common argument used by successful disability claimants who cannot work because of migraine headaches and associated complications.   When building a case around this idea, you will assert that your capacity to perform even a simple, entry-level, low stress job has been so diminished by the frequency and duration of your headaches, and by the side effects of medications used, that you would not be a reliable worker.

In other words, your capacity to function (”functional capacity”) has been so eroded by your migraine headaches that you can no longer meet the demands of any type of work.

Some functional limitations specific to Migraine cases

In migraine headache cases, the functional capacity limitations that I usually see involve job attendance and daily reliability. Migraine patients frequently experience headaches randomly, with no specific cause identified.  When a migraine hits, the claimant needs to lie down in a dark room and avoid all stimuli including noise or light.  If the claimant happens to be at work, he/she has to leave or be driven home.  Unscheduled absences from work are also common.  From what my clients tell me, severe migraine headaches cause pain at such a level that no activities of any type would be possible.

The main questions to be answered, therefore, have to do with:

• the frequency of the migraines
• the severity of the migraines
• how long do the migraines last when they occur?

If your doctor will document activity limitations – preferably in a functional capacity checklist – you have a good chance at winning.  For example, you will want your treating doctor to state that you will need unscheduled breaks from work, that you will miss several days of work each month because you can’t come in, and that you need low stress activities.  Your doctor should also describe the unpredictability of your migraine headaches, side effects of medications and how successful are your medications in reducing your symptoms.

If you find that the frequency and duration of your migraine headaches leave you unable to find or keep a job, you may have a viable Social Security disability claim.   We invite you to complete the case evaluation form on this page.  If Jonathan cannot help you, he will be happy to make a qualified referral to an attorney who handles disability cases near where you live.