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Social security disability for a person who is deaf but uses hearing aides and has a history of seizures and is on medication.

Mesa, AZ |

Mesa, Arizona. This person I am writing about is age 53. Lost her job earlier in 2013. Is almost ready to lose unemployment benefits. Looks religiously for jobs but no one contacts her back. Has worked for years as a customer service rep but has struggled because of her hearing. She has a Cochlear implant in one ear and a hearing aide in the other. She is deaf without them and only about 75% with them. If a person is profoundly deaf and uses hearing aides that are somewhat affective but ineffective when there is a lot of background noise and also is prone to seizures having had one the day after Christmas 2013 that required paramedics, an ambulance ride and two day stay in the hospital and is taking anti-seizure med's and cannot drive does this person remotely qualify for SS disability?

Attorney Answers 3


  1. Yes, this person has a pretty standard case. Most disability attorneys would take this case if she has been working and paying her FICA taxes for 5 out of the past 10 years. Contact a local disability attorney today and have your case evaluated with more detail.


  2. Good morning, and thank you for your post. With regard to same:

    "Mesa, Arizona. This person I am writing about is age 53. Lost her job earlier in 2013. Is almost ready to lose unemployment benefits. Looks religiously for jobs but no one contacts her back. Has worked for years as a customer service rep but has struggled because of her hearing. ------ OK, so she has limitations to her ability to hear.

    "She has a Cochlear implant in one ear and a hearing aide in the other. She is deaf without them and only about 75% with them. -------- I think you are saying she retains 75% of her ability with them, not that she still loses 75% of her hearing, right?

    " If a person is profoundly deaf and uses hearing aides that are somewhat affective but ineffective when there is a lot of background noise and also is prone to seizures having had one the day after Christmas 2013 that required paramedics, an ambulance ride and two day stay in the hospital and is taking anti-seizure med's and cannot drive does this person remotely qualify for SS disability?" ----- I am presuming that her hearing loss will not, in and of itself, allow her to be found disabled. So I would consider every single other impairment (even ones that may exist but that you did not mention, such as arthritis/aches in joints? back? feet pain? migraines? sleep apnea? depression or anxiety?) With regard to seizures, I find that the SSA is interested in knowing if they are frequent. For instance, a few times a year may not, alone, allow for a finding of disabled. This is so even if she can't legally drive - inability to drive, according to the SSA, will carve out only those occupations requiring driving, but all the remaining ones, and likely those requiring the operation of heavy equipment, will be carved out of her option. So now we know that jobs requiring top hearing (phone operator and other jobs where quick and accurate hearing are imperative) will be carved out as well as those requiring operation of heavy machinery or driving... what else does she suffer from that will "erode" the base of occupations the SSA will consider? Incidentally, if her seizures are more frequent, say, weekly or even monthly, and not controllable with medications, she COULD be found disabled on that basis. Now, if not that severe, consider if she has cognitive losses - sometimes seizure disorders come with memory loss, and other cognitive issues. If that is so, depending on the severity, there may be many other jobs now carved out of her options - ie. that job base will be further eroded... If there is arthritis in the back that hurts after walking or standing more than 2 hours in a work day (for example), that could further erode the job base by eliminating jobs that are "on your feet" all day.... So you see, it can be fairly complicated and in the current SS climate, very substantial medical proof of both the diagnoses and the limitations created by the impairment are needed. It is quite possible that with proper evidence development, she may in fact be found disabled, but a lot more questions, legal work up and medical treatment/monitoring by her doctors would be needed for best changes of success. Hope this helps!

    Sincerely,
    Stephanie Joy
    PS. Don't forget to pick a best and/or helpful answer!

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