Chronic migraine is a medically recognized neurological disorder. A person with chronic migraine experiences 15 or more headache days a month as well as other migraine symptoms. Even after a migraine headache ends, an attack might continue to cause fatigue, nausea, dizziness, and trouble focusing.
If you are unable to continue to work for a living because of chronic migraine headaches or a similar headache disorder, you may be eligible for Social Security Disability Insurance (SSDI) benefits to replace a portion of the income you have lost. Unfortunately, it can be challenging to obtain SSDI benefits because of the difficulty of proving eligibility while dealing with a disabling condition. Many valid disability claims are initially denied.
In Kentucky, the Social Security Disability attorneys at Morgan, Collins, Yeast & Salyer can help you seek SSD benefits if you have been diagnosed with chronic migraines and can no longer work for a living because of them. If your claim has been denied, we can file an appeal on your behalf. We’ll handle your claim with respect and dignity and seek all the benefits available under federal and state law.
Our attorneys can help with your SSDI application and represent you at any hearings that may be required to present your case for disability benefits. If you live in Kentucky and can’t work because of migraines or a related headache disorder, call us today at (877) 809-5352 or reach out online to set up a free legal consultation. We have offices in Lexington, Somerset, Manchester, London, North London, Hazard, Paducah, Paintsville, Prestonsburg, and Princeton in Kentucky, whenever you need a lawyer for social security benefits for migraine.
What is a Migraine?
Migraines are painful, throbbing headaches that last from 4 to 72 hours, according to the Kentucky Neuroscience Institute at the University of Kentucky. A migraine can cause so much pain that the individual suffering a migraine cannot perform normal daily activities.
Symptoms of a migraine can include:
- Throbbing pain on one or both sides of the head.
- Pain behind one eye.
- Moderate to very bad pain.
- Pain that gets worse with routine physical activity.
- Pain that gets worse with exposure to light, noise, or smells.
- Nausea and vomiting.
Experts aren’t sure what causes migraines, the KY Neuroscience Institute says. They believe that changes in the activity of brain cells may lead to inflammation in certain nerves, which causes pain. Migraines often run in families so genetics may play a role. Certain triggers can cause a migraine to start.
The American Migraine Foundation says common migraine triggers include:
- Stress,
- Changes in sleep schedules or irregular sleep,
- Changes in the weather, especially excessive heat and humidity, and changes in barometric pressure, such as the low pressure of storms,
- Foods, including caffeine, chocolate, cheese, and other dairy products, artificial sweeteners, cured meats, foods containing MSG, foods with strong smells, and alcohol.
Changes in serotonin or estrogen levels are also known to cause migraines for some people.
Women are three times more likely to have migraines than men, and up to 75% of women find that they experience attacks around the time of their menstrual periods. This is called “menstrual migraine,” occurring only during a woman’s period due to the change in estrogen and progesterone levels.
Our attorneys at Morgan, Collins, Yeast & Salyer are available to review your medical diagnosis and determine whether you have a valid claim for disability benefits. If so, we will apply our Kentucky Courage to seek the full benefits available to you by law. Don’t delay calling us to discuss your options for seeking disability benefits.
7 Different Types of Migraines and Disabling Headache Disorders
You might suffer from menstrual migraine or one of the other common types of migraine or headache disorders:
Hemicrania Continua
This chronic and persistent form of headache is marked by continuous pain that varies in severity and occurs on the same side of the face and head. Some individuals with hemicrania continua suffer pain on both sides of the head. Most people experience attacks of increased pain three to five times per 24-hour cycle.
Cluster Headache
This headache disorder is characterized by attacks that come in clusters. A person may experience severely painful cluster headache attacks between one and eight times per day for 15 to 180 minutes (3 hours). These are among the most painful of all headaches and include burning pain around the eyes, at the temples, and at the back of the head. The pain and other symptoms are almost always debilitating.
Episodic Migraine
By definition, episodic migraine is characterized by headaches that occur on fewer than 15 days per month. People with episodic migraine can progress to high-frequency episodic or chronic migraine over time.
Migraine With Aura
Aura is a visual disturbance or change in sensations that typically signals an oncoming migraine attack. About 25% of people who experience migraine also experience aura. It can occur with or without a headache.
Hemiplegic Migraine
This rare form of migraine includes weakness on one side of the body. It may occur with visual disturbances and a pins and needles feeling. Its symptoms are similar to signs of a stroke. Because hemiplegic migraine is extremely rare, you should seek medical attention immediately if you ever experience weakness with a headache.
Retinal Migraine
This is a migraine accompanied by temporary loss of vision in one eye. Women most commonly experience this type of migraine during their childbearing years. Vision loss can last between 5 and 60 minutes but should be fully reversible.
Ice Pick Headache (Primary Stabbing Headache)
This condition often comes on suddenly with an intense, sharp pain — like being stabbed with an ice pick. It usually lasts only 5-30 seconds but is incredibly painful. These headaches occur around one eye or a temple. They can also happen in people with other primary headache disorders.
Migraines and Eligibility Criteria for Social Security Disability Benefits
In 2019, the Social Security Administration (SSA) issued a ruling stating that primary headache disorders, like migraine headaches, cluster headaches, and tension-type headaches, are among the most common disorders of the nervous system. The ruling explains what the SSA requires to establish that a person has medically determinable impairment – an MDI – due to a primary headache disorder and how the agency would evaluate primary headache disorders in disability claims.
The SSA considers a person who is age 18 or older to be disabled if they are unable to engage in any substantial gainful employment due to a medically diagnosed impairment that is expected to last 12 months or be a terminal condition.
Typically, if a benefits applicant can show that they have a chronic condition that matches an impairment in the Social Security Administration’s list of impairments, then they are considered disabled. Otherwise, the applicant must submit medical records and other evidence to persuade a disability claims evaluator that the condition is equivalent to a listed impairment.
The 2019 ruling states that although primary headache disorder is not a listed impairment, the SSA may find that a primary headache disorder, alone or in combination with another impairment(s), is medically equivalent to a listing in the SSA Blue Book listings for Neurological disorders.
The ruling cites Epilepsy (§11.02) as the listed impairment that is the most closely comparable to the MDI caused by a primary headache disorder. Therefore, people with migraines who are seeking SSDI benefits may ask the SSA to compare their impairment with epilepsy to determine eligibility.
Additional health problems that are listed in the Blue Book for which migraine can be a symptom and to which chronic migraine or similar headache disorders may therefore be compared include:
- Anxiety
- Depression
- Fibromyalgia
- Heart Disease
- High Blood Pressure
- PTSD
- Stroke.
The SSA says if an applicant’s primary headache disorder, alone or in combination with another impairment(s), is not medically equivalent to a Blue Book listing, evaluators must assess the applicant’s residual functional capacity (RFC) to determine whether benefits should be granted. A person’s RFC is a measurement of the most they are physically or mentally capable of doing in a work setting despite limitations caused by their illness or injury.
The SSA evaluator must consider all relevant evidence in your benefits application file related to how your chronic migraine affects your life, such as:
- Complete medical history, including clinical and laboratory findings
- Current diagnosis of chronic migraine or other headache disorder
- Your doctor’s opinion
- Statements of family, friends, and former colleagues
- Your statements about symptoms and your ability to work and participate in daily activities.
A knowledgeable Social Security Disability attorney with Morgan, Collins, Yeast & Salyer can help you prepare an application that shows how your chronic migraine or headache disorder has left you disabled. If necessary, we can refer you to medical professionals who understand migraines and related medical issues for a second opinion. Their evaluation of your condition can be submitted to supplement your medical file.
Contact a Social Security Disability Lawyer to Strengthen Your Claim
If you suffer from chronic migraine or another headache disorder and can no longer work to provide an income for you and your family, a Kentucky SSDI attorney with Morgan, Collins, Yeast & Salyer can help you seek the benefits available by federal and state law.
We are honored to use our legal skills to help our fellow Kentuckians who are disabled. We can handle every aspect of your claim from start to finish, including compiling a complete profile of your life with a disabling condition. For help you need with a claim or appeal, contact us online or at (877) 809-5352 to schedule your free consultation.
