Disabling Migraine Headaches

Wednesday, December 1st, 2021

You do not need to have experienced a migraine headache to recognize that they can be utterly disabling. When seeking Social Security Disability (“SSD”) benefits, the problem is establishing how migraines disable you.

We represent a 49 year old psychologist from Syosset whose migraines gradually compelled her to reduce working from a full time basis to a very limited and irregular part time basis. Retaining a vocational expert (“VE”) is helpful by explaining how functional limitations resulting from migraines impacts the ability to work. The question becomes, how do you demonstrate that you have functional limitations due to migraines.

Our client was treated for migraines by a neurologist as well as a migraine specialist. We obtained protracted treatment records for headaches, and testimony from multiple sources about how the claimant needs to lie down and avoid noise, light, and warmth when having migraines. We also submitted reports that opined, among other things, how the claimant’s migraines would result in her being off task and absent from work.

The administrative law judge accepted the treating doctors’ limitations, found the claimant was unable to sustain any full time activity, and ruled that she was entitled to SSD benefits.

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