Strategies for Winning

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medical recordsGood medical evidence to back up your claim for disability benefits is a must!

This point cannot be stressed enough.  If you suffer from migraine headaches and are claiming disability based on your migraines, you better believe that the adjudicator or Judge assessing your claim will look thoroughly through your comprehensive medical record for evidence to back up your claim. People are often denied benefits due to a lack of records or a failure of the records to match up with their alleged impairments.

Read more on The importance of medical evidence…

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In the last post, I introduced a brief migraine case study (involving 40-year-old Megan) and identified what I believed to be the winning elements of her case.  However, since the time of that post, a new issue has been brought to my attention, and that is the issue of whether to see a specialist if you are suffering from migraines and want to pursue a disability claim.

Read more on Does Your Migraine Case Have What It Takes? (Part 2)…

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What are the elements of a winning migraine disability case? Sure, every disability case is a little different, but I believe there are some features which may separate good cases from not-so-good cases.  Let’s look at the following migraine case example and then assess what elements of this case are wining elements:

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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.

Read more on Some functional limitations specific to Migraine cases…

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As I mentioned on the main case strategies page of this site, there is no Social Security listing for migraine headaches.  In the absence of a listing, how does one go about proving disability?  One alternative is to argue that your capacity to perform work has been so reduced by your condition that you would not be a reliable employee in any job situation.

Read more on The Functional Capacity Argument in Migraine Cases…

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