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:

Migraine Case Example

Megan was a forty-year-old marketing executive who had worked with a prestigious company since high school.  Having worked during the day and attended night classes at a local university, Megan had earned a Masters degree in Business Administration.  Within the last twelve months, Megan had begun experiencing chronic headaches that were often accompanied by blurred vision and vomiting.  Having seen her general physician, he diagnosed Megan with migraine headaches.  She was prescribed the drugs Midrin and Compazin.  Feeling confident with the decision of her general physician of ten years, Megan did not pursue additional testing or seek a second opinion.

Following a migraine attack, Megan would often be physically unable to continue working and would require bed rest.  Although the majority of Megan’s migraines normally lasted a few hours, she commonly experienced one or two migraines per month that would last for several days.  Despite being prescribed medications by her general physician, Megan continued to experience migraine headaches at a minimum of four-to-six times per month.  Having missed an average of 10 days per month over the last twelve months, Megan resigned from her executive position and applied for Social Security Disability benefits.

Assessment

Megan’s case looks like a potentially strong one.  What elements make her case strong, you may ask?

A Diagnosis – Having a diagnosis is key to winning a disability claim.  In this case, Megan has been diagnosed with Migraine Headaches and has been prescribed associated meds.

Compliance with treatment – Judges always like to see that claimants have been compliant with treatment.  They are more willing to award benefits if they see that the claimant has made a good faith effort to get better. It appears from the information given that Megan has been compliant with the treatment for her migraine headaches.  Despite taking the appropriate medications, however, Megan’s severe Migraine Headaches continue to ail her.

Severity and frequency of headaches prevent work activity – In order to be approved for disability benefits, you must be able to prove that your condition prevents you from being able to work.  In a migraine case, therefore, you must show that your Migraines are frequent and severe enough so as to make employment impossible.  In Megan’s migraine case, her debilitating migraine symptoms occur so frequently that she misses 10 days of work on average. Missing this much work in itself precludes employment.

Condition Lasting in Excess of 12 Months – You may have noticed that the last sentence of the case example states that Megan’s symptoms have occurred over a period of 12 months.  This point is also key, since in order to be awarded disability benefits, your symptoms must have lasted or be expected to last for at least 12 months (or result in death).

(end of part 1 – part 2 will be published later this week)