In the legal system, the law applies equally to every Georgia resident. However, individuals are situated differently from one another, and this change in circumstances among different people can result in differing results from case to case.

This is often the case when it comes to SSDI benefits for illnesses. While the same federal regulations apply to everyone, different individuals have different circumstances, including different medical conditions and working environments. Accordingly, even though two people may have the same general condition, one might qualify for benefits, while the other does not, based on the differences in their circumstances.

For example, those with epilepsy, as discussed last week in this blog, may have varying experiences with their condition. Some may experience more frequent or severe seizures, while others may be able to control their condition better with medication.

Typically, only those who are unable to engage in substantial gainful activity are able to obtain disability benefits. If the prescribed treatment is effective to control the person’s condition, or if their seizures are a result of their noncompliance with treatment, benefits may not be available.

As a result, it is not only important to establish that the person suffers from seizures that make them unable to work, but also to show they are complying with the course of treatment that has been prescribed. This can be shown in varying ways, including through the blood levels of anticonvulsive drugs that show whether the medication is being taken. In doing so, individuals may be able to obtain the disability benefits they need as a result of their inability to continue working.

Source: Social Security Administration, “SSR 87-6: Tittles II and XVI: The role of prescribed treatment in the evaluation of epilepsy,” accessed on Nov. 26, 2016